CEBU, Philippines – The Office of the Cebu City Prosecutor recommended no bail against an arrested drug pusher who has been on the police watch list for illegal drug trade.
Prosecutor III Noel Cellona held Oniel Codilla, 28, for trial after finding probable cause for violation of Sections 5 and 11 of Article II of Republic Act 9165 or the Comprehensive Dangerous Drugs Act 2002.
Codilla was arrested by elements of the Talamban Police Station in Sitio Tapuko, Barangay Pit-os around 2:40 p.m. on August 29.
The buy-bust operation stemmed from the order of station chief, Senior Inspector Alvin Llamedo, to initiate an entrapment operation against Codilla, who is one of the top ten personalities involved in illegal drugs in their area.
Codilla was arrested after personally handing a small pack of shabu to a police poseur-buyer in exchange of P200.
The police also seized six small packs of shabu from his possession and P600 cash believed to be his illegal proceeds.
During the inquest proceeding, Codilla waived his right to undergo preliminary investigation and opted not to file a counter-affidavit to answer the allegations against him.
Leyson then recommended elevating Codilla’s case to the Regional Trial Court.
SC affirms conviction
Meanwhile, the Supreme Court affirmed the conviction of a man accused of illegal sale of dangerous drugs.
Associate Justice Martin Villarama Jr., said he found no error that would warrant the reversal of the lower court’s ruling on the case of Efren Cayas, a resident of Sitio Baho, Barangay Calamba, Cebu City.
“…the integrity and the evidentiary value of the seized drugs were preserved. This Court, therefore, finds no reason to overturn the findings of the RTC that the sachet of shabu seized from appellant was the very sachet presented during trial. Accordingly, it is but logical to conclude that the chain of custody of the illicit drugs seized from appellant remains unbroken, contrary to his assertions,” the decision read.
Through the Public Attorney’s Office, Cayas questioned the decision of the Court of Appeals (CA) before the highest court when it affirmed the judgment of the Regional Trial Court (RTC) convicting him of violation of Section 5 (illegal selling of shabu), Article II of Republic Act 9165 otherwise known as Comprehensive Dangerous Drugs Act.
Cayas was found guilty and was sentenced to life imprisonment and a fine of P500,000.
Cayas claimed the prosecution failed to establish the existence of a buy-bust operation because the poseur-buyer was not presented before the court, the prosecution could not exactly lay down the details of the alleged transaction, and the sachet of shabu presented before the court was not proven to be the same shabu that was allegedly sold by him.
On April 20, 2005, Cayas was arrested by the police after a drug transaction.
Cayas denied the allegation field against him and said that he was just on his way to the public market along A. Lopez Street when he met three persons, one of whom bodily frisked him for no reason. He said he tried to resist but was overpowered.
He was allegedly brought to the Police Station after he failed to divulge the identities of those involved in illegal activities.
But Villarama found the appeal of Cayas lacking in merit.
“After a careful evaluation of the records, we find that these elements were clearly proven. The appellant was positively identified by the police officers who conducted the buy-bust operation as the seller of the shabu in this case,” the decision read, adding the court gave full credence to the testimonies of the police officers and upholds the presumption of regularity in the apprehending officers’ performance of official duty. —/ATO (FREEMAN)