The Regional Trial Court cleared motorcycle driver Jigger Labitad whom policemen alleged to have been selling shabu. Authorities testified they arrested Labitad following a buy-bust operation.
But the court observed that the narration of the police officers on the supposed consummation of the crime were "bereft of a description of the details thereof, thus, failing to satisfy the objective test."
While the police officers had testified that Labitad and his alleged companions escaped shortly after the supposed buy-bust was consummated, Labitad testified otherwise.
Labitad said he was ferrying a passenger on board his motorcycle evening on June 14, 2003 when police officers made him stop at a checkpoint in barangay Lagtang in Talisay City. His passenger, a certain "Japjap", who first identified himself to the policemen, was reportedly told that he was a suspect for carnapping and armed robbery.
Eventually, Labitad and another person called Makling was also placed under police custody as suspects of carnapping and snatching even without arrest warrants. What surprised him more, Labitad said, was when he was charged with selling shabu. He was also surprised when policemen only charged him and Japjap while Makling was released three days after their arrest.
But the court said that the policemen who testified in the case were more preoccupied in proving how they recovered from the possession of the accused several packs of shabu after an alleged chase, which is not the crime charged. - Joeberth M. Ocao/BRP