CEBU, Philippines - Lapu-Lapu City Regional Trial Court Judge Eric Menchavez acquitted a man for illegal possession of drugs after the prosecution failed to prove his guilt.
“With no proper handling of the confiscated drugs, it renders the evidence of the prosecution doubtful. Added to the fact that the prosecution did not rebut the accused’s defense of planting of evidence. This court is, therefore, constrained to acquit the accused, Paquito Oyao,†the decision reads.
Menchavez said the prosecution failed to prove the guilt of Oyao, that he indeed possessed 34 plastic packets of shabu weighing 1.70 grams. He ordered the immediate release of Oyao from detention, unless he is further detained for any other lawful cause.
Based on the police’s account of the operation, it was on January 29, 1999 at around 6:45 a.m. in Marigondon, Lapu-Lapu City that they operated on a search warrant and the police officers swooped the residence of Oyao.
During the implementation of the warrant, the police said Oyao was not around but they were able to recover 34 plastic packets containing white crystalline believed to be shabu. The police alleged Oyao was engaged in selling drugs.
Janisa Oyao, the daughter of the accused said that during the implementation of the warrant, her father was not around as he was in Bohol participating in a cock derby.
In the process, she said they were detained inside their room by the police officers who barged into their house and planted evidences.
With the foregoing evidences, Menchavez stated that the prosecution failed to establish the chain of custody from the seizure of the evidences until the submission of the same before laboratory testing.
“Indeed, the court cannot reluctantly close its eyes to the likelihood or at least the possibility, that at any of the links in the chain of custody over a narcotic specimen there could have been tampering, alteration or substitution of substances from other cases-by accident or otherwise-in which similar evidence was seized or in which similar evidence was submitted for laboratory testing,†the decision reads.
Reportedly, Oyao was linked in the death of PO2 Clint Cañete in 2008. Cañete was a member of the Regional Anti-Illegal Drugs Special Operations Task Force.— /ATO (FREEMAN)