Fish vendor gets jail term for drugs

Even during his retrial, the Regional Trial Court was unconvinced by the defense of a fish vendor who was arrested for possession of shabu. Instead, the court found his evidence insufficient and sentenced him to at least 15 years in jail.

Authorities arrested Danilo Uralde after a buy-bust operation in barangay Mambaling last January 20, 2004. Police said they recovered the two packs of shabu from Uralde’s left hand and the marked money from his right.

The court already rendered a decision last April 18, 2006 finding Uralde guilty of the crime charged, however, on May 17, 2006, he filed a motion for the court to reconsider the decision and set it aside.

He also moved to reopen the case on grounds that his lawyer then failed to present evidence for his defense due to gross neglect and the court granted the motion on October 23, 2006.

During the retrial of the case, accused contended he was merely mistaken to be a snatcher. Uralde even presented a Certificate of Good Moral Character issued by the barangay to prove that he has not been charged for any misdemeanor.

However, the court noted that the two witnesses of the accused failed to corroborate in their testimonies the statement of the accused that somebody else was arrested and that the accused was merely mistaken to be the snatcher.

In her testimony, one witness told the court that she even saw the supposed snatcher pass by her house. However, the court was baffled why Uralde was said to be talking with her that same time.

The court further said that there was no clear and convincing evidence that the police were motivated by any evil intention against Uralde.

"In other words, there is no clear and convincing evidence that the arresting officers were motivated by any evil intention. Thus, the presumption that the arresting officers were performing their official functions regularly has not been refuted. Indeed, this court cannot just rely on such presumption, it must examine the evidence presented," the court said. — Joeberth M. Ocao/BRP