Court clears man from shabu peddling charges

Even with inconsistencies in the testimonies of defense witnesses, the Regional Trial Court has cleared a man from charges of selling shabu because the prosecution failed to prove the guilt of the accused.

In ruling in favor of accused Manuel Cabuenas, Judge Soliver Peras said that the court subscribes to the cardinal rule that the prosecution''s evidence must stand or fall on its own merits and cannot be allowed to draw strength from the weakness of the defense''s evidence.

Alongside this, Peras said that since the right to be presumed innocent is guaranteed by the Constitution, every circumstance favoring the accused must be taken into account and that proof against these circumstances must survive the test of reason.

Peras said the prosecution could have presented to court PO2 Rolando Lapinid and the policemen''s asset to prove that a buy-bust operation indeed occurred that led to Cabuena''s arrest. Unlike the policeman who was placed on the witness stand, it was Lapinid and the asset who had direct knowledge of the supposed buy-bust operation.

Authorities had claimed they arrested Cabuenas after they were able to prove that he sold shabu through a buy-bust operation.

"Thus, what is left before this court are mere suspicions which cannot be accepted as concrete and definite proof that would prove the guilt of the accused beyond reasonable doubt," Peras said.

Contrary to the allegations of the police, Cabuenas said that he was going home on February 1, 2003 to barangay Lagtang, Talisay City when a certain Crisanto Arante blocked his way while brandishing a gun.

Fortunately, the gun reportedly misfired, which allowed Cabuenas to escape and run down a ravine. Even then, Arante was able to catch up on him and brought him to the police station. The incident was witnessed by Cabuenas'' wife who told the court that despite their protestations, her husband was still placed under arrest. - Joeberth M. Ocao/QSB