A woman will have to spend the next 12 years of her life in detention after she was found guilty of trying to smuggle drugs into the city jail in 2002.
Regional Trial Court Executive Judge Fortunato de Gracia sentenced to a minimum of eight years and maximum of 12 years imprisonment a certain Belen Cabrera after a packet of shabu was found with the food she brought for her live-in partner.
It was Jail Officer Leo Labata who found the plastic packet of shabu hidden beneath the rice Cabrera was bringing with her when she visited the city jail on October 29, 2002.
Labata said he went through the food when Cabrera was undergoing a body search about 20 meters away from the table where her belongings were deposited. Labata said that while spooning through the cooked rice, he noticed an “incriminating object” hidden beneath it but opted to wait for Cabrera to return to the table before proceeding with the inspection.
When Cabrera came back and confirmed that the container was hers, Labata then continued spooning through the rice and subsequently found a small plastic packet containing white crystalline substance.
With the evidence found, Labata brought Cabrera to the jail office for investigation and turned over the plastic packet to the deputy jail warden.
Cabrera had denied owning the plastic container where the packet of shabu was found with the rice. She said another female visitor who was entering the jail with her owned it but the person was no longer there when Labata inquired from her about the container.
Cabrera said she pleaded for Labata to wait for the real owner of the plastic container to return so she could identify her, however, the jail officer allegedly did not heed her request and immediately brought her to the office. She was then brought to the Mabolo Police Station.
In ruling against Cabrera, De Gracia said the “irresolute and mumbling denials” of the accused could not stand against the “direct, unequivocal and certain declarations of the jail officer.”
“In stark contrast was the direct, unequivocal and certain declarations of the jail officer as against the irresolute and mumbling denials of the accused on the stand exacerbated by a sullen and resentful demeanor fully indicative of a dishonest narrative,” De Gracia said.
De Gracia said the prosecution successfully proved that Cabrera was in conscious and free possession of the prohibited drug when she was found with it during inspection. — Joeberth M. Ocao/QSB