Supreme Court clears man from drug charges

CEBU, Philippines - The Supreme Court reversed the ruling of a lower court, which sentenced a man to life imprisonment for drug charges.

Associate Justice Conchita Carpio Morales cleared the suspect, Arnel Navarrete, from charges owing to alleged irregularities in the conduct of the buy bust operation. She also ordered for Navarrete’s immediate release. 

The Regional Trial Court earlier found Navarrete guilty of violating Section 5, Article II of Republic Act 9165 or Comprehensive Dangerous Drugs Act of 2002 for selling 0.05 gram of shabu. He was also fined P500,000.

But Morales said the apprehending officers failed to justify whether the marking on the seized evidence was made immediately and in accordance with legal requirements. SPO1 Willard Selibio, for one, admitted on the witness stand that none of his teammates in the bust saw him mark the evidence with “ANB,” contrary to his claim.

“Serious doubts necessarily arise as to whether the sachet and its contents submitted for laboratory examination were the same as that claimed to have been taken from Navarrete,” Morales said.

Morales added the apprehending team failed to show justifiable grounds that they complied with the legal requirements.

“The unjustified failure of the police officers to show that the integrity of the object evidence-shabu was properly preserved negates the presumption of regularity accorded to acts undertaken by police officers in the pursuit of their official duties,” decision reads.

Navarrete raised the RTC decision to the Court of Appeals, but the appellate court sustained the ruling of the RTC, thus, the case was forwarded to the Supreme Court.

Navarrete was arrested late afternoon on March 12, 2005 by elements of the Cebu City Police during a buy bust operation at Magsaysay Street in Barangay Suba.

He denied that the policemen sold him shabu and said he was but watching over two video karera machines at the house of one Alice Tetet when the cops kicked the door open and arrested him. — (FREEMAN)