Judge de Gracia granted the motion, filed by defense counsel Rameses Villagonzalo, for qualitative and quantitative examinations of the seized substance but on condition that Regis would shoulder the expenses for such tests at the PNP Crime Laboratory in Camp Crame.
The court also stated that the tests would be needed also because the penalty that would be imposed upon the accused would depend on the volume of the confiscated shabu.
"My client (Regis) is willing to pay the expenses," Villagonzalo assured the court while he contested the authenticity of the substance, contained in 11 packs, that members of the Criminal Investigation and Intelligence Bureau have allegedly seized.
"Daghang na kaayo mga higayon nga sagolan ang ubang shabu," Villagonzalo said after the arraignment of Regis, as he also alleged that the CIIB operatives have "planted" the substances to pin down his client.
Armed with a warrant that RTC executive judge Simeon Dumdum had issued at the time, CIIB chief Pablo Labra led the raid at Regis' residence in barangay Tejero on October 8, 2004.
The affidavit of PO1 Jonas Tajanlangit, one of the arresting officers, stated that the allegedly illegal substances were found inside a white shoulder bag from the living room of Regis, who was not around at the time of the raid.
Regis, in his counter affidavit filed at the Cebu City prosecutor's office, insisted that the seized substances were "planted" because he already vacated his residence at Tejero and moved to Liloan, Cebu on July 2004, or about three months before the raid.
Regis is now detained at the Bagong Buhay Rehabilitation Center after he was arrested in another drug bust last July 19. He is facing another drug case at the RTC in Lapu-Lapu City.
The Cebu City Police Office has ranked Regis number three in the order of battle against the illegal drug trade. - Ramil .V. Ayuman/RAE