CEBU - The Regional Trial Court yesterday sentenced a man to 12 years imprisonment for possession of regulated drugs in June 2007.
Judge Gabriel Ingles of RTC Branch 58 said the lack of proof of ill motive on the part of the arresting officers “creates presumption that the police acted regularly in the performance of their duties.”
Roberto Garcia was arrested with two packets of suspected shabu by policemen who were patrolling barangay Pasil June last year.
One of the patrolling policemen, PO1 Basilides Concepcion, said they first noticed Garcia talking a woman with something on his hand. When they went near, the woman reportedly ran away.
Garcia also reportedly tried to escape but was eventually accosted with the two plastic packets of shabu.
Garcia, for his part, said that at the time of his arrest, the policemen merely asked him if he knew a certain Jr. When he answered in the negative, the policemen invited him to a nearby police station for questioning and subsequently locked him in the detention cell.
Garcia also alleged that the policemen did not inform of the nature of his offense.
But Ingles gave more weight to the prosecution’s case because the policemen were consistent in their testimony despite cross examination.
Ingles said that aside from the fact that it was uncorroborated, Garcia’s defense of denial was weak as opposed to clear and convincing evidence. – Jasmin R. Uy/JMO (THE FREEMAN)