Court imprisons widow, 67, for having shabu

The Regional Trial Court has sentenced a 67-year-old widow to a four-year imprisonment after she was arrested for possession of 30 packets of shabu in her house in barangay Pasil about five years ago.

RTC executive judge Fortunato de Gracia said the accused, Rosa Cabanes, had denied the charges against her but then she failed to prove her defense adequately and substantially.

De Gracia said in his decision that the positive and categorical testimonies of prosecution witnesses will generally prevail over mere denial of the defense.

Citing a Supreme Court ruling, the judge said that the "positive assertions of the prosecution''s witness" deserve more credence and greater weight as evidence against the "negative averments of the accused."

In the evening of January 31, 2002, authorities conducted a search, through a warrant, of Cabanes'' house after a period of surveillance and test buys.

Two barangay officials witnessed the search operation and the discovery of the packets of shabu from Cabanes'' own room.

Cabanes, a fruit vendor who was also known as "Nanay Rosa", denied the charges in court. She said the policemen just barged into her house while she and her grandchildren were watching television.

She also denied that the police officers talked and announced to her their intention to search her house. - Joeberth M. Ocao/RAE