Regional Trial Court judge Soliver Peras acquitted Edgardo Bacus alias Dongkoy, a resident of barangay Sambag 2, Cebu City, who was arrested by the Fuente police last December 16, 2002 for allegedly peddling shabu.
SPO2 Willard Selibio explained that they failed to recover the pack of shabu from Bacus because while he was about to hand over the stuff to the poseur buyer, Bacus noticed the approaching policemen and quickly swallowed the small pack.
Selibio said that even if they only recovered the P100 marked money from Bacus, he was still arrested and was subjected to a urine testing where he was tested positive of shabu use.
Peras, however, ruled that he could not convict Bacus just for the reason that he tested positive of methamphetamine hydrocloride in a urine testing because even Inspector David Alexander Patriana, who conducted the urine test, could not say when the accused used shabu.
The court added that based on the testimonies of the policemen, there was no delivery of shabu yet when Bacus was arrested because he quickly swallowed the pack after he noticed the approaching policemen.
The court, however, considered the efforts of the policemen in apprehending drug pushers and users, but said the arresting officers were so careless and disregarded the procedural and constitutional requirements to make the arrest valid. - Rene U. Borromeo