Regional Trial Court judge Silvestre Maamo Jr. ruled that the prosecution was able to prove the guilt of Romulo Bakil despite his claims that the 293 grams of shabu reportedly seized from his house was planted.
The illegal drugs was confiscated from Bakil's occupied room when the elements of the Cebu City police intelligence division raided the house armed with a warrant issued by then RTC judge Isaias Dicdican.
Bakil's lawyer moved to quash the search warrant claiming that it was issued without probable cause and the rights of the accused was grossly violated when Bakil's wife was reportedly prevented to witness the search.
But the court sustained the legality of the search warrant. Bakil's lawyer elevated the issue before the Court of Appeals, but the appellate court sustained and upheld the RTC order.
Maamo ruled that the prosecution's testimonies are "more credible" because their testimonies were given in a straightforward and coherent manner and their version of the circumstances surrounding the raid is normal.
The court also noted that despite of the grueling cross-examination conducted by the defense counsel, the prosecution witnesses remained unswerving in their testimonies.
"It is a matter of law that when a prohibited drugs are found in the house or other building belonging to and occupied by the person, who is the subject of a search warrant, the presumption arises that such person is in possession of such drugs in violation of law and the fact of finding the same is sufficient to convict," the court ruled.
It was learned that during the raid on Bakil's house in Carreta, his father's house in Santander was also raided by the police who seized three kilos of shabu. But Bakil's father was later cleared of the charges filed against him.
Police authorities described Bakil's conviction as a victory in the campaign against illegal drugs in Cebu. The police said Bakil can dispose at least two kilos of shabu every week. - Rene U. Borromeo