Man sentenced to 15 years in jail for shabu possession

A drug pusher who accused the police of fabricating evidence to pin him down when he was arrested in barangay Labangon two years ago was sentenced to 15 years imprisonment yesterday after the court found him guilty for possession of illegal drugs.

Regional Trial Court judge Gabriel Ingles rejected the alibi of 29-year old Joshua Rosaciña who claimed that the two packs of shabu that were reportedly seized from him were just planted by his arresting officers.

Ingles said defenses like accusing the arresting officers of planting evidence and extortion are easy to fabricate and should not be easily believed unless the accuser could present strong and convincing evidence. Rosaciña, however, failed to do so.

Guadalupe policemen arrested Rosaciña in possession of two small packets of shabu while he was at sitio Mahayahay, A. Lopez Street in Labangon on May 3, 2004.

Policemen Emmanuel Sarmiento, Artemio Tumakay Jr., Roel del Socorro and Alexander Dalion were patrolling the place shortly before midnight, when they saw Rosaciña. The policemen said he was holding a tiny plastic container that, they said, is commonly used by drug pushers.

Dalion, who claimed to be an experienced drug operative, quickly held the arm of Rosaciña and asked him to open the plastic container, believing there was shabu inside.

Rosaciña admitted before the court that he opened the plastic container and as a result, the policemen saw the two packs of shabu inside.

Ingles said while holding a mere plastic container is not a crime, but in the case at bar, the court also considered the expertise of Dalion as a drug operative in detecting the commission of a crime involving drugs.

"In the case at bar, it was not the police who opened the plastic container without any objection on the part of the accused, rather the uncontroverted testimony of the police officers is that the accused himself opened the plastic container without indicating any resistance on his part," Ingles ruled.

Aside from the jail term, the court also ordered Rosaciña to pay a fine of P300,000 for violating the Anti-dangerous Drugs Law. - Rene U. Borromeo