Sans evidence, court acquits drug suspect

CEBU, Philippines – The Regional Trial Court has cleared a man from charges of selling and possession of illegal drugs after the arresting officers failed to prove his guilt.

Judge Enriqueta Belarmino said one major glitch in the prosecution's case is the failure of PS/Insp. David Alexander Patriana to present the packs of suspected shabu that were reportedly seized from Carlo Magno Tude, the respondent in the case.

Tude was charged for alleged violation of the Comprehensive Dangerous Drugs Act.

"Absent of the required degree of proof of an accused's guilt, he is entitled to an acquittal," Belarmino said.

Belarmino directed the jail warden of the Cebu City Jail to release Tude immediately unless other legal ground exists for his continued detention. The confiscated drugs are forfeited in favor of the government for proper disposal.

Tude was arrested on October 1, 2006 during a buy-bust operation when he was allegedly worked with a minor in selling to a poseur buyer a heat-sealed plastic packet containing 0.03 grams of shabu and eight other plastic packets containing a total of 0.31 grams. The minor, however, was exempt from criminal prosecution under the juvenile justice Act.

The prosecution presented six police officers who conducted the buy bust operation in Barangay Ermita. SPO1 Filomeno Mandaros said it was PO2 Joel Cunan who acted as a poseur buyer.

Tude was reportedly the one who first received the cash and handed the money over to the minor companion. They were arrested at that instant.

Tude pleaded not guilty during arraignment and denied the allegations. He said he was not at the store where the supposed buy-bust operation was conducted. He said he was at the barangay's sports complex for the feeding program at that time when his cousin called him to proceed to their store. 

He reportedly saw the policemen when he arrived, but when he asked what they were doing at the store, he was reportedly made to shut up or be arrested with the minor. Still, he was subsequently placed under arrest and charged with selling and possession of illegal drugs. (FREEMAN)