CEBU, Philippines - Another man accused of possession of shabu was ordered released from prison by the Court of Appeals for reason of technicality.
In his decision, Associate Justice Edgardo Delos Santos said the police officers failed to show that the evidence supposedly seized from accused Val Laya-og was marked in his or his representative’s presence, an aspect that would have been vital to the prosecution of the case.
“Clearly, the testimonies of the police officers failed to show whether the marking was done in the presence of the accused-appellant or his representatives. As a result, it would be difficult for the Court to ultimately conclude that the seized shabu presented before the trial court was the same shabu seized from accused-appellant,†De los Santos’ decision reads.
The lower court earlier sentenced Laya-og to 12 years to 15 years in prison and fined him P300,000 but he sought refuge with the appellate court.
In his appeal, he said that the arresting officers failed to comply with legal requirements particularly in the custody and disposition of the seized illegal drugs.
The arresting officers had said that they arrested Laya-og and subsequently charged him for illegal possession of shabu after they seized one heat-sealed plastic packet of shabu from him on February 26, 2006.
For his defense, Laya-og said that on the said date, he was at the house of his half sister in Barangay Calamba, Cebu City. He said he was supposed to watch the house while his sister was selling candles at the cemetery when two policemen suddenly entered the house and arrested him for allegedly robbery.
He said he waited for the complainant at the police station but no one arrived. He also said that there were inconsistencies in the testimonies of the arresting officers with regard to the chain of custody of the shabu allegedly seized from him.
Just recently, the Court of Appeals also saved another drug suspect, Baltazar Adais, from imprisonment owing to technicality. Just like in Laya-og’s case, the prosecution also failed to comply with the requirements on having custody over and in disposing of seized illegal drugs in Adais’ case. (FREEMAN)