RTC judge Silvestre Maamo, Jr. ruled that George Sarvida of barangay Talamban has been found guilty beyond reasonable doubt for keeping a pack of shabu when the police arrested him on June 20, last year.
The police were conducting a mobile checkpoint at the corner of Cabancalan, Talamban when the passenger jeepney boarded by Sarvida passed by and all of its male passengers were ordered to raise their shirts.
It was found out that Sarvida had a knife tucked in his pants. This prompted the police to place him under arrest and moved on to frisk him.
P02 Rolando Banatasa, one of the arresting officers, testified before the court that said arrest yielded a pack of shabu.
But Sarvida denied that the police were able to seize drugs from his possession. However, the court rejected his alibi.
The court ruled that the prosecution has successfully overcome the constitutional presumption of innocence in favor of the accused.
"In the absence of any proof of interest on the part of the police officer to testify falsely against the accused, the presumption of regularity in the performance of official duty must be accorded much weight and importance to support the prosecution's case," Maamo ruled. - Rene U. Borromeo