The Philippine Drug Enforcement Agency has asked the court to strike out of a court decision several statements of the defense that are said to have besmirched the image and reputation of the PDEA.
In a court pleading, PDEA regional director Amado Marquez Jr. requested that Regional Trial Court Executive judge Fortunato de Gracia strike out four statements in his February 14 decision that cleared from drug charges Castro Sabal, 28, Taner Macañas, 23, and Tata Akang, 29, all from Labangan, Pagadian City, Zamboanga del Sur.
The three accused were said to have been arrested during a buy-bust operation that yielded 44.9 grams of shabu.
Marquez said that the court erred in including the four statements because these were not proven facts in court.
“These are not proven facts in court, hence, it is erroneous to include such allegations in the decision when the case was principally tried to prove the culpability of the accused and not to establish any other facts posited by the defense,” Marquez said.
Marquez said the court erred when it said: “Their personal effects consisting of personal jewelry, adornments and watches were taken as well as their purchases and ATM card.”
Marquez reasoned that this was merely an allegation on the part of the accused to divert the issue of the sale of dangerous drugs.
Marquez said the court also erred when it said, “Quickly, the methodical divestments escalated when the accused were coerced to deposit the amount of P230,000 by a PDEA operative in the bank account of a certain Evita Noval, who later was directed by the court to give testimony.”
This allegation reportedly cannot prevail because PDEA’s relation to Noval was reportedly not established. During her testimony, Noval did not even give further information as to the identity of the person named Allan who requested to use her account. PDEA said such situation raises suspicion as to the possibility of connivance between the accused and Noval to present a seamless story of allegedly demanding money from them.
The court also allegedly erred when it said, “The morning after the evening of the arrest, at 5am of January 31, 2006, while the residents were effectively incarcerated in the office, PDEA agents wasted no time and entered the rented house of the accused at Talisay City, ransacked the rooms on the second floor and carted away jewelries placed inside a case. They also brought with them the househelper whom they later intimidated to leave for Mindanao after giving her P2,500. She later returned and testified in court to this effect.”
Marquez said that this was merely a “fabricated fib” to maintain the account of the story of the accused. Any person could reportedly enter a story into the blotter to make it more convincing.
The court allegedly erred further when it said, “Mrs. Merriam Sabal further testified that relentless and earnest efforts were made on her and her husband to settle the case for financial considerations, specifically P1 million and a kilo of shabu apart from the P230,000 they already cause to be deposited in the Noval account. In a closed door session she identified RD as regional director Police Superintendent Amado Marquez of PDEA-7.”
Marquez reasoned the same was but a cooked-up propaganda because during her first testimony in court, Merriam did not even identify the regional director as the person that allegedly demanded P1 million and a kilo of shabu.
In acquitting the three, De Gracia based his decision on the statement of Sabal’s four-year-old daughter Casmere who said her father and her uncles were inside their vehicle during the buy-bust, not outside as the authorities claimed.
The policemen said they were acting on information that a certain Castro Sabal of Talisay City and his accomplices were in the drug trade. However, the three accused said they were in the area to shop and the operatives arrested them as they were driving out of the parking lot.
They also accused the operatives of taking their belongings, including an expensive wristwatch and some groceries, which they bought for a pregnant relative who was visiting her doctor in Cebu at the time. — Joeberth M. Ocao/BRP