After 8 years of legal battle: Weak evidence acquits man of drug charges

After almost eight years of legal battle, the court acquitted a man who was charged with possessing shabu and Ecstasy.

Regional Trial Court Branch 19 judge Ramon Codilla Jr. believed the prosecution "failed to come up with that quantum of evidence to convict the accused beyond reasonable doubt," as it merely relied on the "weakness of the evidence of the defense."

"The evidence of the prosecution must not rely on the weakness of the evidence of the defense, but must stand on its own," Codilla's decision read.

Dennis Ramos was charged with illegal possession of prohibited drugs after the police found during the October 21, 1997 raid on their house in barangay Ayawan, Carcar four packets of shabu and an Ecstacy tablet.

The accused used to share the charge with his father, Carvin, a former municipal councilor of Carcar, but the latter died last year, prompting the court to drop him as co-accused.

In his defense Dennis, a dump truck operator residing in barangay Bulacao, Talisay City, told the court that he was already in Manila looking for a job with his uncle during the police raid on their house in Carcar. He said he left Cebu on October 5 and stayed in Manila until October 23, showing his plain ticket that was marked as evidence.

The defense also presented the other accused, Carvin, as witness who testified that the police had recovered nothing when they raided their house in May that year.

Carvin narrated how the police barged into his house and went to his sons' room. He said that only his wife accompanied the raiding team, as he opted to stay at their yard with one of the policemen. After an hour the team went out and announced the search was negative. Then after a few minutes, Carvin said the team launched another search and came out with four packs of shabu and other items allegedly recovered from his sons' room.

Carvin refused to sign the inventory of the seized drugs, believing that they were planted. He even complained about the seizure of his son's two necklaces, which were not the subject of the search.

Carvin also negated the testimony of the police that they did not arrest him, as he was sick during that time. However, the court had to drop Carvin as one of the accused after he was shot to death before the trial was completed.

In his nine-page decision, Codilla acquitted Dennis and ordered for the release of the accused's P60,000 bail bond. - Liv G. Campo