Guilty ruling vs drug suspect upheld

CEBU, Philippines - The Court of Appeals in Cebu has affirmed the conviction of a man charged for possession of dangerous drugs.

In the decision penned by Associate Justice Gabriel Ingles, the CA denied the appeal filed by Maximo Tanudtanud of Poblacion South, San Fernando, Cebu, for lack of merit.

“The record reveals that the testimonies of the prosecution witnesses are positive, credible and categorical,” the decision reads.

The CA sustained the penalty imposed by the trial court against Tanudtanud for violation of Section 11, Article II of Republic Act 9165 otherwise known as the Comprehensive Dangerous Drugs Act, which is 12 to 20 years of imprisonment and a fine of P300,000.

Tanudtanud had appealed his case before the CA, claiming the trial court erred in convicting him beyond reasonable doubt.

He said that while playing cards on August 2, 2010, at around 9 p.m., five unidentified persons arrived and two of them pointed their firearms at him.

He said he was brought to a police station. He was asked if he knew a certain Marlon Sabayton, who was said to be engaged in illegal drug trade, which he denied knowing.

Tanudtanud alleged nothing was recovered from him.  Senior Police Officer 1 Deogenes Carillo alleged that on that day, they received a tip from a confidential informant that illegal drug trade in Sitio Lacaron, Barangay Pitalo, San Fernando was rampant.

The police proceeded to the area and conducted surveillance together with the informant.

The informant, Carillo said, told them that Tanudtanud was playing a card game with a gun tucked on his waist.

The police arrested the suspect for illegal possession of firearms and brought him to their station, where they frisked Tanudtanud and found shabu in his possession.

“It is apparent that accused-appellant’s defense is mere denial which should fail in light of the positive identification and declarations made by the prosecution witnesses,” it said. —NSA (FREEMAN)