Drug raps dropped over lost evidence

A Pasig City Regional Trial Court (RTC) judge acquitted a man of the charge of possessing illegal drugs after the Eastern Police District (EPD) crime laboratory lost a sachet of marijuana leaves seized from him two years ago.

Jerwin Padayao was arrested in front of his house on March 10, 2005 when policemen saw him carrying a plastic sachet containing what seemed to be marijuana leaves.

Subsequent tests conducted by the EPD crime laboratory proved the sachet contained marijuana leaves.

Prosecutors told the court that the 3.64 grams of marijuana leaves recovered from Padayao was in the possession of the EPD crime laboratory. However, the prosecutors failed to present the evidence in subsequent hearings.

Pasig RTC Judge Librado Correa said the loss of the marijuana leaves meant that Padayao had to be acquitted since the charge of illegal possession of a dangerous drug obliges the prosecution to present the drug as evidence during the trial.