Faulty procedure leads to acquittal from drug charge

Owing to procedural lapses on the part of authorities, the Regional Trial Court has cleared a man whom arresting policemen claimed to have admitted using shabu shortly before being taken into police custody.

In his decision, judge Gabriel Ingles said that the testimonies of the policemen who responded to a supposed pot session did not indicate whether they took the accused to the police station after arresting him or only upon an invitation for interrogation.

Ingles said this is because the police officers did not see Melchor Morete Rodriguez as having committed such an illegal act, but was doing an innocent act while invited for investigation or arrested "depending on whose testimony one believes."

The policemen said it was during an interrogation at the police station that Rodriguez and another man denied they were illegal drug traders, but admitted they were users. Both underwent a confirmatory test through urine samples and Rodriguez was said to have been found positive of using shabu. However, Ingles said Rodriquez’ admission, despite the positive result of the urine sample, was inadmissible because it was made during custodial investigation wherein Rodriguez was not assisted by a counsel.

Ingles further said that the extraction of the urine sample is a "fruit or consequence of an illegal arrest", thus, could not also be admitted to prove the crime charged.

Ingles also said the supposed recovery of the tin foil from Rodriquez could not be considered a warrantless search of evidence in plain view nor as an incident to an arrest because the arrest is already stated as improper.

Citing the drug law, Ingles said the discovery of the use of dangerous drugs must either be in flagrante delicto or the justification for the arrest or an incident to a valid arrest. "For if it is otherwise, law enforcement officers can just pick on anybody and violate his right to privacy by requiring him/her to undergo a drug examination," Ingles said. — Joeberth M. Ocao/MEEV