Due to illegal arrest: Court acquits man from drug charges

A suspected drug pusher was saved from possible conviction after the court ruled that his arrest five years ago was illegal.

Regional Trial Court Branch 14 judge Raphael Yrastorza, Sr. yesterday acquitted Julius Gabutero of the charge for violation of Section 16 Article III of the Republic Act 6425 because the members of the San Nicolas Police Station had illegally arrested him.

Yrastorza, in a nine-page decision, said that Gabutero's arrest without a warrant did not fall under the provisions of a warrantless arrest because the three elements through which this could be applied were not present.

Yrastorza said Gabutero was just sitting on a bench along the sidewalk and did not commit any crime when SPO1 Raymund Enriquez arrested him on August 14, 2001.

The police claimed that they were conducting an operation in Lawis, Pasil on that day when they chanced upon Gabutero holding something. Enriquez said they immediately rushed towards the accused to examine what he was holding and found out that it was illegal drugs. Enriquez said that he immediately placed Gabutero under arrest and frisked him.

But the court said the arrest was illegal because Gabutero did not commit any crime when the police arrested him. Yrastorza said that the suspect's arrest did not also fall under the plain view doctrine because no valid search has been conducted by virtue of a search warrant issued by the court.

Yrastorza likewise pointed out the failure of the prosecution to present the other policemen who were present during the arrest, saying that their testimonies would have made a difference in the findings of the court. - Fred P. Languido