CA confirms guilt of Mandaue pusher

CEBU, Philippines - The Court of Appeals (CA) has affirmed the conviction of a Mandaue City resident for illegal selling and illegal possession of drugs.

In his 22-page decision, Associate Justice Ma. Luisa Quijano-Padilla found no grounds to reverse the ruling of a Regional Trial Court against Alex Escaran.

“We find that the prosecution had established the guilt of accused-appellant beyond reasonable doubt on the offenses charged against him,” the decision read.

“Apart from the straightforward and categorical declaration of prosecution witnesses, credence is given to the same testimonies especially since defense did not adduce evidence showing that the police officers in the buy-bust operation had any ill motive to make false charges against him,” it added.

According to the affidavits of the arresting officers, a Drug Enforcement Unit confidential agent in Mandaue City called around 7 p.m. on March 21, 2004 informing that Escaran was selling shabu in Sitio Sapa-sapa, Ibabao, Mandaue.

Acting on the information, the police conducted surveillance and did a test buy. A subsequent buy-bust operation led to Escaran’s arrest and the confiscation of shabu from him.   Escaran, however, denied the allegations, saying he was in a bamboo groove near his house and waiting for his companions when four persons approached him and asked where they can buy shabu.

He said he told them he does not sell illegal drugs so the men headed towards a store.

He said one of the four returned and asked him to accompany them, as they were allegedly unfamiliar with the place, but he declined. It was then that the other men allegedly arrived and ordered him to stand up and go with them to the City police office.

Escaran said the RTC erred in convicting him by giving credence to the inconsistent statements of the police officers.  He claimed that he was not caught for selling illegal drugs when the police ordered him to board their vehicle.

In 2010, Escaran elevated the case to the CA after his conviction by the lower court.

Padilla, however, did not believe him, giving more weight to the testimonies of the police and the evidence presented before the court.

“We thus hold that the integrity and evidentiary value of the drugs seized from the petitioner were duly proven not to have been compromised,” she ruled. (FREEMAN)