The court yesterday acquitted a 35-year-old suspected drug pusher after it found inconsistencies in the manner of her arrest by the police two years ago.
Regional Trial Court Judge Gabriel Ingles ordered for the immediate release from jail of Ritchel Del Mar, ruling that the police failed to prove the legality of her arrest.
SPO2 Abundio Cabahug and some other police personnel charged Del Mar before the court for violation of Section 11, Article II of the Comprehensive Dangerous Drugs Law after they arrested her while allegedly in possession of two packs of shabu on October 19, 2006.
The policemen claimed that while patrolling along F. Villa Private Road in barangay T. Padilla at 4 p.m., they spotted the accused examining two small packs of shabu.
Del Mar then allegedly quickly placed the packs of illegal drugs inside a plastic container upon noticing the approaching lawmen.
But Del Mar told the court that while she was standing in front of her house, the policemen dropped by and invited her to go with them to the police station as they have something to ask her about persons operating video “karera” and “moli-moli” in their place.
According to the accused, when they arrived at the Parian Police Station, she was surprised because the policemen demanded P20,000 from her.
She said she was only accused of possession of shabu when she refused to give in to their demand.
In his ruling, Ingles doubted the testimonies of the police because while a police officer claimed he witnessed the accused holding the packs of shabu, another policeman said they arrested the accused while she was about to examine the packs of shabu inside the small plastic container.
The judge also noted the policemen’s failure to explain why the accused failed to detect them while they were approaching her.
In acquitting the accused, the court ruled that: “The propriety of the warrantless arrest and seizure of the packs of shabu have not been shown by the requisites of quantum of evidence. Consequently, the admissibility of the packs of shabu is doubtful.” — Rene U. Borromeo/LPM