CEBU, Philippines - For insufficient evidence, the Regional Trial Court in Cebu has cleared a man of charges of possession of illegal drugs.
After his arrest in 2004, Ralph Vosotros de Guzman was cleared of drug charges after Regional Trial Court Branch 58 Judge Gabriel Ingles found insufficient evidence to convict him of the crime.
Vosotros was the subject of a search warrant for Violation of Section 11 of the Dangerous Drugs Act.
PO2 Hugo Rio Ipong said that they went to barangay Kalubihan to implement the said warrant against a certain “Bangus” who Ipong said was Ralph Guzman.
During the search, police were able to recover drug paraphernalia and 21 transparent plastic packs and six small packs with white crystalline powder believed to be shabu with a total weight of 0.12 grams.
But Ingles said that the police officers who implemented the search warrant made the search highly doubtful.
He said that even as they had civilians and companions with them in conducting the search, PO1 Julius Aniñon testified that the two supposed witnesses were made to go out of the room as the place was not big enough to accommodate all of them.
“This is violative of the rules on Criminal Procedure which requires the presence of the lawful occupant or any member of his family or at least two witnesses of sufficient age residing in the same locality,” Ingles said.
“The fruit of the said search is inadmissible in evidence,” Ingles added. — Jasmin R. Uy/BRP (THE FREEMAN)