Court clears cop of robbery charges

CEBU, Philippines - For insufficiency of evidence, the Regional Trial Court cleared a policeman from charges of robbery.

RTC Judge Generosa Labra acquitted PO2 Jaime dela Cruz, saying the prosecution failed to establish that Dela Cruz demanded and accepted bribe so he would not file a case against a certain Ariel Escobido for alleged possession of illegal drugs.

This despite Dela Cruz’ failure to present in court the warrant of arrest he used in the operation against Escobido.

“The fact that the money was recovered from the possession of the accused after the entrapment operation conducted by the NBI, does not necessarily prove the guilt of the accused in the absence of corroborating testimony of the private complainant Corazon Absin that accused demanded money from her,” Labra’s decision reads.

Labra said the prosecution could have presented Escobido in court because he could have been in the best position to prove that Dela Cruz arrested, detained and demanded money from his live-in partner.

Absin was Escobido’s live-in partner. She testified that at 1am on January 31, 2006, they were awakened by two men who went to their house who reportedly told Escobido to buy shabu for them. Escobido reportedly obliged.

Minutes after that, three men reportedly approached her and asked where the two other men went. She told them they rode a tricycle.

While waiting for Escobido at 4am, Absin said someone approached her and gave her a piece of paper with the mobile phone number of an arresting officer. She then went to Escobido’s mother, Charito, and asked for help. It was Charito who called the alleged arresting officer.

Absin said the man on the other line reportedly told them to proceed to the Cebu City Police Office along Gorordo Avenue, but not to go inside the compound.

When they arrived there, a man reportedly approached them and asked if they wanted to “settle” Escobido’s case with P100,000. Since they could not produce the money, the man reportedly agreed to lower the amount down to P40,000. 

Absin then sought help from the National Bureau of Investigation (NBI) 7.

Prosecution witness Gregorio Tumagan, Jr., special investigator at the NBI, testified they arrested Dela Cruz through an entrapment operation at a food chain and brought him to the NBI office afterwards.   In his testimony in court, Dela Cruz denied the charges and insisted he did not demand money from Absin.

He admitted serving the warrant of arrest at 1am on January 31, 2006 and brought him to the police station, but explained he served the same at such an hour because it was reportedly difficult to do so during the day.

De la Cruz said it was Escobido who allegedly asked not to be arrested and even promised to help him catch a big time drug pusher named Minda. De la Cruz said he then lent his mobile phone to Escobido so that the latter can contact Minda, after which, they agreed that he would meet Minda at a food chain in Cebu City.

However, to his surprise, De la Cruz said agents of the NBI arrested him right upon his arrival at the food chain. He said he told the NBI that he was conducting a follow-up operation, but the agents reportedly did not believe him and instead brought him to their office.

De la Cruz said he no longer had time to coordinate with the Philippine Drug Enforcement Agency (PDEA) so he went to the food chain by himself. — (FREEMAN)