Technicality clears two of drug charges

CEBU, Philippines - Two suspected drug pushers were acquitted by the court because of technicality.

Regional Trial Court Branch 8 Judge Macaundas Hadjirasul has absolved Oliver Ong and Norberto Milagrosa from the charges for violation of section 5, Article II of the Republic Act 9165 otherwise known as the Comprehensive Dangerous Drugs Act because of the failure of the prosecution to comply with the requirements of the law.

“So, while buy-bust operation is a recognized means of entrapment for the apprehension of a drug pusher, it does not always commend itself as the most reliable way to go after violators of the Dangerous Drugs Act as it is susceptible to mistake as well as to harassment, extortion and abuse,” the decision reads.

Based on the evidence, Hadjirasul said the prosecution failed to prove that the 5.10 grams of shabu confiscated from the accused were the same illegal drugs submitted for laboratory examination and later to the court.

“The testimonies of the prosecution’s witnesses that said sachet of shabu was marked at the crime scene are belied by the fact that no such marking was indicated in the Inventory Receipt,” he said.

The court also noticed the conflicting testimonies from the prosecution witnesses as to who took custody of the evidence on the way to the police office.

The prosecution witnesses were forensic chemist, Police Senior Inspector Reindielyn Sahagun; PO1 Michael Maucesa; PO2 Philip Plasus; SPO2 Felomino Mendaros; PO1 Esmeraldo Quillosa all members of the Investigation Detection Management Branch (IDMB) of the Cebu City Police Office (CCPO).

Maucesa said that on March 3, 2010 at 1:45 a.m. they conducted a buy-bust operation against the accused. Prior to the buy-bust operation, an informer allegedly went to their office and gave them tip about Ong’s illegal drug trade.

It was allegedly the informant who contacted Ong and arranged a transaction but they were reportedly referred to Milagrosa.

While they were in Milagrosa’s residence, they were told to wait for Ong to arrive. When Ong arrived Maucesa said he showed the buy-bust money and completed the transaction. But the two accused denied the allegations.    - THE FREEMAN