Court acquits 3 of drug charges

The court has acquitted two alleged drug pushers and a suspected drug user because of the inconsistencies of the testimonies of the policemen who arrested them.

Regional Trial Court Branch 58 Judge Gabriel Ingles yesterday ordered for the immediate release of Mel Richard Seno, 22, Jonel Biano, 27, and Dante dela Pena, 31, ruling that the prosecution failed to prove their guilt beyond reasonable doubt.

Seno and Biano were detained in jail after they were arrested for allegedly selling a pack of shabu to a poseur-buyer during a police operation on February 19, 2006 in barangay Bacayan.

The police claimed that aside from the pack of shabu that was sold by the accused, they also seized another pack of shabu from the possession of Biano when he was subjected to a body search.

 But the lawyers of Seno and Biano managed to present a certain Harold Codiniera, who testified in court that the policemen just flagged down the motorcycle boarded by the accused.

In short, Codiniera said he did not notice that there was a buy-bust operation conducted as what the policemen had claimed.

The prosecution failed to present any evidence to controvert the testimonies of Codiniera, who is not related to the accused.

“In sum, the court finds him as a credible witness as he does not appear to be a rehearsed nor a partial witness,” said Judge De Gracia.

The court did not believe in the testimonies of the arresting officers who claimed they have conducted a buy-bust operation and arrested the accused for conniving to sell a pack of shabu.

In another case, the police claimed that Dela Peña was arrested while in possession of a pack of shabu while he was in barangay Pasil on the evening of December 27 last year.

Ingles ruled to acquit the accused because of the conflicting testimonies of the arresting officers.

While SPO1 Metodio Aparis claimed that it was PO1 Lyle Flores who confiscated the pack of shabu from the accused, Flores testified that he recovered the shabu pack from the ground.

The court ruled that the inconsistencies affect the credibility of the testimonies of the witnesses. – Rene U. Borromeo/LPM