CEBU, Philippines - The Regional Trial Court dismissed a drug case against two men, one of them a police officer, after the prosecution failed to prove they indeed sold shabu during a buy-bust operation three years ago.
Cleared from charges are Crecito Matugas, 41, a policeman, and June Mark Inoc, 26, a technician. Both are residents of A. Lopez Street, Cebu City.
In his decision, Judge Meinrado Paredes of Regional Trial Court Branch 13 said the chain of custody of the evidence against the suspects “was not clearly established.” The court also noted that not all persons who handled the evidence testified in court and that the prosecution relied only on the testimony of PO3 Jeffrey Larrobis, which was reportedly “conflicting and unreliable.”
Matugas and Inoc were arrested afternoon on May 2, 2007 during a buy-bust operation conducted by PO1 Romeo Jumalon, PO1 Julius Aniñon and Larrobis at the suspects’ residents.
The policemen reportedly confiscated the two P100 bills used during the operation and a .38 caliber revolver from Matugas.
However, the court said the evidence against the suspects were conflicting.
Larrobis said initially it was Inoc who handed over the two packets of shabu, but he later told the court Inoc only handed over one packet because the other was reportedly seized from Matugas.
The court also noted the hearing on August 21, 2007 when Larrobis said he could not remember the serial number of the bills used in the buy-bust operation. A year later, however, Larrobis suddenly remembered the number.
It was also Larrobis who presented in court the plastic packets reportedly seized from the suspects marked as CCM and JVI, the chemistry report, and police blotter, which recorded the operation.
But Paredes said the evidences presented by the prosecution were conflicting and the prosecution failed to prove the guilt of the suspects beyond reasonable doubt.
Paredes then ordered the Cebu City Jail Warden to release Matugas and Inoc. The plastic packets of shabu weighing 0.08 and 0.07 grams will be destroyed. — THE FREEMAN