De Gracia also said the evidence against Francis Philip Nacar and Elizardo Pacaña, who were arrested last January 22, 2003 in barangay Labangon for allegedly selling 0.13 grams of shabu to a poseur-buyer, were inadmissible.
The arresting officers testified in court that they approached a shanty at an abandoned chapel in barangay Labangon and poseur-buyer PO1 Antonio Din gave P500 to Nacar and received the drugs from Pacaña through a hole in the shanty.
After their arrest, police allegedly recovered from the shanty marijuana leaves, a pack of shabu under the mat, six packs of shabu and a plastic container with drug money.
Both men pleaded not guilty to the charges filed against them. In their defense, Nacar said he and Pacaña were renting videos at Video City that night, when they got home they saw policemen arrest a certain Wilson Villasis, who is facing separate drug charges in another court.
They were then approached by the policemen who arrested them, saying they had a warrant for each of them.
Nacar continued that at the police station they were not shown the warrant. He said these policemen were the same ones who arrested him on November 21, 2002 for shabu.
De Gracia said it was impossible for Nacar not to recognize them again and sell them drugs.
He further said that the arrest of the two was also "not authorized and unlawful" and the search "is violative of their constitutional rights", rendering the recovered items as inadmissible as evidence. - Liv G. Campo