Man saddened over his acquittal, hesitant to leave jail after 5 years

A 28-year-old man from barangay Pardo was not happy to have been acquitted from criminal charges and was even hesitant to leave the jail where he was detained for almost five years since 2001.

Indicted for marijuana possession and imprisoned while his case was pending, Rebel Hunt Bacalso did not take his acquittal a triumph but said instead that his freedom only made him sad because he does not know anymore where to go after leaving jail.

Regional Trial Court judge Fortunato de Gracia Jr. cleared Bacalso of the charges because the prosecution failed to prove the guilt of the accused beyond reasonable doubt.

But after a court interpreter read the verdict, Bacalso said, "Naguol ko kay wala ko masayod og asa na ko karon paingon," drawing laughter from the people inside the courtroom.

Bacalso, wearing the prisoner's orange uniform, stayed standing in front of the judge prompting the court employee to respond to his sadness with her suggestion: "Adto ka lang sa ila ni attorney Ipong, magbantay sa iyang anak."

Llena Ipong is a government lawyer who has been assigned as defense counsel of Bacalso in the case.

Court records showed that it was Bacalso's mother, Evelyn, who coordinated with the Minglanilla town policemen to arrest him because of his involvement in illegal drug activities.

PO2s Rey Giducos and Ramil Navarro said they arrested Bacalso right after the latter allegedly sold for P20 two sticks of rolled marijuana cigarettes, on December 8, 2001. They said that after the arrest, they got two more marijuana sticks allegedly from his possession.

In the subsequent trial, Bacalso denied he sold marijuana cigarettes to the two policemen, saying he was sleeping at the garage of the house at Pakigne, Minglanilla where his mother and her common-law husband were staying when the policemen awakened and arrested him.

Judge de Gracia said he observed some conflicting testimonies of the arresting officers, raising doubts on the credibility in the manner of enforcing warrant-less arrest against Bacalso.

The judge said, "The court believes and so holds that there was no legitimate buy-bust nor a valid arrest that could be a lawful basis for a valid search." -Rene U. Borromeo