Regional Trial Court judge Fortunato de Gracia Jr. ruled that Marisa B. Obrero, 46, of Tangke in Talisay City and Agapito Sabuero, 39, of sitio Lumar in Lorega-San Miguel, are guilty of violating a provision of the Comprehensive Dangerous Drugs Law.
On the morning of August 8, 2003, the police raided Obrero's house, by virtue of a search warrant, and seized six plastic packs of shabu.
Obrero defended that the the police "planted" the seized illegal drugs but Judge De Gracia said she failed to substantiate her allegation, which was only backed by a neighbor's "lame and irresolute testimony."
De Gracia quoted a recent Supreme Court ruling that states: "Between the positive declarations of the prosecution witnesses and the negative statements of the accused, the former deserves more credence."
The judge further said that Obrero's defense of a frame-up "is inherently weak, since it is easy to fabricate, but terribly difficult to prove."
The lack of proof to show that the police did the raid with improper motive, their performance of duty has the presumption of regularity and thus Obrero's defense "cannot be given much credence," the court ruling reads.
In the case of Sabuero, the prosecution went through easily in pushing for his conviction because he did not show up during the hearing of his case after posting bail.
Members of the Mobile Patrol Group, led by former SPO4 and now Inspector Rex Campos, arrested Sabuero at Lorega-San Miguel after a chase on the afternoon of January 11, 2002.
The policemen were on patrol along M.J. Cuenco Avenue when they saw Sabuero handed over a pack of the illegal drug to another man.
When the policemen stopped to apprehend him, Sabuero ran away prompting the authorities to give chase and eventually arrest him.
Upon frisking him, the police found two packs of shabu from his pocket. - Rene U. Borromeo