Court drops drug raps vs. Minglanilla man

The court dismissed a case filed against a suspected drug pusher because of inconsistencies with the testimonies of the arresting officers and the information indicated in the charge-sheet prepared by the government prosecutor.

Regional Trial Court Executive judge Fortunato de Gracia dismissed the drug charges against Armando Bacalla by granting a demurrer to evidence, which means that the court can dismiss a case without requiring the respondent to answer the charges.

The rules of court allows a judge to dismiss a case — even if the respondent has not submitted his defense yet — if the prosecution fails to prove the guilt of the accused after presenting evidence.

Bacalla was arrested in Minglanilla on January 3, 2004 by a police team headed by SP04 Ernesto Navales after the accused had sold a small pack of shabu to a poseur buyer.

After he was arrested, Bacalla was subjected to a body search and six more packs of shabu were recovered from his possession. De Gracia, however, observed that the testimony of SP04 Navales is different from what was indicated in the charge-sheet or information of the case.

The information of the case, which was prepared by the Cebu provincial prosecutors office’ showed that Bacalla was arrested by the police after he sold six packs of shabu for P100.

“This prevailing inconsistency necessarily affected the verity and integrity of the testimonial evidence of the prosecution,” the judge ruled.

The court also observed that the police failed to file the necessary charges against Bacalla for possession of the said six packs of shabu.

Another reason that the court dismissed the case is the failure of the prosecution to present during the trial the civilian asset who was used as the poseur buyer to prove that the transaction actually took place between him and the accused.

Judge De Gracia said it is legally impossible to hold a person criminally responsible for an offense that was not sufficiently proven. —Rene U. Borromeo/QSB