Court drops illegal drugs raps vs security guard

CEBU, Philippines - Regional Trial Court (RTC) Judge Macaundas Hadjirasul acquitted a security guard who was charged of possession of illegal drugs after the arresting officers failed to abide by the rules in seizing shabu.

Romeo Camingao, 43 and a resident of Barangay Ermita, Cebu City is acquitted for the case of violation of Section 11, Article II of Republic Act 9165 otherwise known as Comprehensive Dangerous Drugs Act.

Hadjirasul said there was no sufficient evidence to prove that the sachets of shabu presented before the court were the very same sachets of shabu allegedly recovered from Camingao.

“This is because the said sachets of shabu were not marked immediately after they were recovered and the required inventory and photograph of illegal drugs as evidence were not made and taken immediately after the recovery of the sachets of shabu,” Hadjirasul said.

The judge added that the markings should be done after the recovery as emphasized by the Supreme Court.

Earlier, the same RTC judge also acquitted a man accused of drug pushing after the arresting officers failed to mark and take photos of the evidence at the scene.

He ordered the jail warden of the Cebu City Jail to release Camingao from detention.

On August 7, 2009 at about 3:00 pm. a barangay tanod allegedly confiscated from Camingao three heat-sealed transparent plastic sachets weighing 0.03 grams.

But Camingao pleaded not guilty during arraignment of the case.

One of the witnesses, William Abellana, 36, a barangay tanod of Barangay Ermita, Cebu City testified that they were conducting a foot patrol at sitio Ermita Beach when they saw Camingao holding a six-inch knife.

He added that tanod Arnold Veloso, who approached Camingao and introduced himself as barangay tanod, then arrested the accused.

Abellana said they conducted a body search and saw that the accused had in his possession three plastic packs containing shabu.

The barangay tanods brought Camingao to the Carbon Police Station where they took pictures of, and marked, the alleged shabu.

But Camingao denied the accusations. He said barangay tanod Nemesio Rupinta came to their house and invited him to the Barangay Hall, saying his parents were there.

But when they arrived at the barangay hall, he said, he did not see his parents and he was instead frisked by the tanods whom he accused of taking his wallet and money. (FREEMAN)