Court acquits man convicted for drugs

CEBU, Philippines - The appellate court has reversed the ruling of the trial court convicting a man for illegal possession of dangerous drugs for lack of evidence.

Associate Justice Marilyn Lagura-Yap acquitted Alfredo Garces alias “Moklo” for a violation of Section 11, Article II of Republic Act 9165 otherwise known as Comprehensive Dangerous Drugs Act.

“The accused-appellant is thus entitled to an acquittal due to lack of evidence to prove corpus delicti of the offense of possession of dangerous drugs,” the decision read, adding the prosecution failed to present the material witnesses that would linked the chain of custody.

Accused-appellant was convicted by the trial court on January 28, 2008 for illegal possession of shabu and sentenced to suffer 12 to 15 years imprisonment and a fines of P300,000.

However, he questioned his conviction claiming the prosecution failed to prove his guilt beyond reasonable doubt. He likewise, alleged the prosecution failed to prove the chain of custody of the alleged evidence seized from his possession.

Accused-appellant was arrested on June 15, 2004 at around 11:30 p.m. at Sitio Paglaum, Bulacao, Talisay City, Cebu, for having shabu in his possession.

According to the arresting officers, they received information from a concerned citizen that a man later identified as accused-appellant has firearm in his possession. Accused-appellant was at the billiard hall.

The arresting police said they recovered from the possession of accused-appellant 22 caliber firearm, shabu and drugs paraphernalia.

A violation of Section 12 (illegal possession of drugs paraphernalia), Article II of RA 9165 filed against accused-appellant was dismissed by the trial court for lack of evidence.

Accused-appellant said during his arrest, he was having a drinking spree together with his neighbor.

While drinking, he said Boby Bacarisas, a police officer suddenly held him and told that he was a robbery suspect in Bulacao. He stated he tried to get free because it was a lie. The robbery case filed against him was dismissed for lack of evidence.

During his arrest, he added he has no firearm, shabu and drugs paraphernalia.

With the foregoing, Yap ruled in favor of the accused-appellant.

She said based on the evidence presented, the prosecution failed to present Senior Police Officer 1 Edgar Causon, who was in custody of the illegal drug and Police Officer 3 Sebellita who delivered the specimen to PNP Crime Laboratory.

“This Court is baffled as to why the prosecution opted not to present these material witnesses. The indispensability of the testimony of the person who marked the plastic sachet of shabu cannot be over-emphasized.

“The would-be testimony of who marked and what marking was made in the specimen could have provided the very crucial link in the chain of custody.

“In this case, the prosecution was grossly negligent when it failed to do so,” the decision read.  (FREEMAN)