Cop's vague testimony sets drug suspect free

Because the testimony of the arresting officer did not corroborate with the evidence, Regional Trial Court Branch 10 presiding judge Soliver Peras cleared a man from a drug case.

Arresting officers testified that on the night of May 3, 2003 they conducted a roving patrol in sitio Kandarong, barangay Pulang Bato, and caught Elvin Fernandez and four women allegedly sniffing shabu.

SPO1 Ricardo Escobedo said they arrested Fernandez as his female companions escaped, they also recovered a packet of shabu and three strips of tin foil containing shabu traces from the scene.

In his defense Fernandez said that that night, he was ordered by his mother to deliver money to his cousin when he met the two policemen who arrested him.

He also denied using shabu and even showed he took a drug test last March as part of his application for a driver's license.

Constancia, the mother of the accused, corroborated the testimony of her son saying that the place where his son was arrested was about 50 meters away from their house.

Peras said that Escobedo's testimony identifying Fernandez was unbelievable.

"How could they manage to see the accused go up to the hilly portion and then approach them at a distance of one and a half meter without being seen considering that the accused has four companions who were at the lower portion?" Peras asked.

Escobedo, Peras said, failed to identify Fernandez in court thus the court cannot determine whether or not the accused is the same person sniffing shabu that day. - Liv G. Campo