In his ruling, Regional Trial Court Judge Gabriel Ingles ordered the release of 33-year-old Eric Ramos Enriquez since the prosecution failed to prove his guilt.
Records showed that Enriquez and his three friends were having a drink at a shanty in sitio Lawis in barangay Pasil past midnight of May 31, 2005 when they were arrested by policemen headed by SPO1 Joseph Toring.
However, the arresting officers had no search warrant when they entered the shanty and arrested Enriquez and his companions.
Toring testified before the court that when they passed by the place, they saw four persons surrounding a table and were about to have a shabu session.
But Enriquez denied the accusation, saying that they were only there drinking beer because it was the birthday of one of his companions. He even accused the policemen of demanding P10,000 from each of them in exchange for their release.
Ingles ruled that Enriquez' arrest was illegal and that the testimonies of the arresting officers on whether the accused and his friends were already having a shabu session are not clear.
The prosecution failed to convince the court that after Enriquez and his friends were arrested, he was frisked and yielded a pack of shabu.
Ingles also refused to believe that the door of the shanty was open when the policemen entered inside without a search warrant.
"This court finds difficulty in believing that the accused and company should leave the door open and be visible from outside while they were holding a pot session. It is improbable that they left the door open," the court ruling reads. - Rene U. Borromeo