CEBU, Philippines - In his 14-page decision, dated April 20, 2012, Regional Trial Court Branch 47 Judge Suceso Arcamo stated: “Judgment is hereby rendered acquitting the accused (Steven Lumitan Valles) of the offense charged on ground of reasonable doubt.
Arcamo, while saying that it is better to let the guilty go scot-free rather than send an innocent person to jail, declared that the court was “not morally certain and convinced as to the guilt of (Valles), hence, it has no recourse but to give him the benefit of the doubt.”
Valles was arrested by policemen, led by Insp. Jovito Atanacio, in a buy-bust operation at K of C Drive in this city, just near the PDEA office. He was later charged in court, under Criminal Case 15391, for violation of section 5, Article II of RA 9165, the Dangerous Drugs Act.
The court findings noted that “there were lapses committed by the police officers during and after the operation as well as material inconsistencies in the testimonies of PO3 Tamara and Chief Insp. Jovito Atanacio.
“The presentation of evidence for prosecution side was found out to be weak. Doubt begun to creep in the mind of the court after hearing the testimony of PO2 Nilo Hinay,” said Arcamo.
In Hinay’s testimony, he said that “he did not actually see the actual exchange of items between the poseur-buyer and the pusher as all that he witnessed was that they were merely conversing with each other.”
The court said the prosecution’s failure to pin down Valles further undermined the case because Bautista failed to explain and dispel the doubt of the court on the guilt of the accused.
Arcamo then ordered the return of personal belongings seized from Valles and the P5,000 marked money for the buy-bust be returned to the raiding police officers.
The court also ordered the “remaining representative sample of the dangerous drugs” and cash (seven P1,000 bills; 44 pieces of P500 bills; 58 pieces of P100 bills; 21 pieces of P50 bills; and 25 pieces of P20 bills) be forfeited in favor to the government.
The burning of the confiscated shabu is slated on April 26, to be witnessed by representatives from the private complainant, the media, Integrated Bar of the Philippines, non-government organizations, PDEA and others required to be present under law, said the court.
Also returned to PDEA office 7 in Cebu City are a .45 caliber pistol, one magazine and 13 pieces of live ammunition seized from Valle during the buy-bust operation. Finally, the court ordered the release of Valles from detention. (FREEMAN)