MANILA, Philippines - A Pasig City judge threw out a case filed against a defeated mayoral candidate in Mandaluyong City, saying the evidence is “utterly inadequate” to convict him for the possession and sale of cocaine.
Even if Ernest Buan “is not required to present evidence for his defense, the evidence on record will not stand to convict him of the offenses charged against him,”Regional Trial Court Judge Abraham Borreta said.
In a 15-page decision, Borreta blasted the agents of the Philippine Drug Enforcement Agency (PDEA) for not complying with the requirements of Section 21 of Republic Act 9165, the comprehensive anti-drug law.
He said the agents failed to take a physical inventory and pictures of the seized illegal drugs in the presence of the suspect’s lawyer or representatives from the media, elected government officials and the Department of Justice.
Buan was running for mayor of Mandaluyong City when PDEA agents arrested him at a commercial center in Pasig City on Jan. 29, 2009 after handing over two sachets of cocaine to an undercover agent in exchange for P7,000.
Borreta granted Buan P500,000 bail several days before the last May election, after PDEA agents failed to present strong evidence during a hearing on Buan’s petition for bail.
Given a few days to campaign, Buan lost to re-electionist Mayor Benjamin “Benhur” Abalos Jr., by a wide margin.
Despite granting Buan bail, Borreta said the prosecution could still present additional evidence to prove the guilt of the accused beyond reasonable doubt.
“Lamentably, though, the prosecution was not able to present even an iota of evidence in addition to what has been presented when the petition for bail was heard,” he said.
Borreta said the prosecution terminated its presentation of evidence when its last witness, Police Officer 1 John Rico Magdurulang, failed to appear during hearings scheduled last Dec. 13, 2010 and Jan. 5 despite repeated notices.