CA acquits man from drug charge

CEBU, Philippines - Due to technicality, the Court of Appeals 20th division has reversed the ruling of the trial court that convicted a man for illegal possession of dangerous drugs.

The decision, penned by Associate Justice Marilyn Lagura-Yap, acquitted Alfie Lapayao for violation of Section 11, Article II of Republic Act 9165 otherwise known as Comprehensive dangerous Drugs Act for the prosecution’s failure to prove his guilt beyond reasonable doubt.

Lapayao was positively identified in court by barangay tanods Miguel Olita and Generale Ilagan as the one caught possessing and throwing away a plastic sachet of shabu in 2007.

However, according to the CA, the prosecution failed to prove that the “specimen” submitted for laboratory examination was the very one allegedly seized from Lapayao.

Likewise, CA found inconsistencies in the testimonies of the prosecution witnesses. The prosecution also failed to present SPO1 Edgar Causon in court, who marked the confiscated evidence.

“The marking of the plastic sachet of shabu is the most crucial link in the chain of custody rule, that failure to present in court the one who marked the plastic sachet of shabu will automatically taint the integrity and evidentiary value of the item seized from the accused-appellant,” the decision reads.

In 2009, Lapayao was convicted by the trial court and was sentenced to 12 to 14 years of imprisonment and a fine of P300,000. He was arrested in July 27, 2007 in Barangay Pitalo, San Fernando, Cebu, for having in possession 0.05 gram of shabu.

On the said date, the barangay tanods reportedly set up a checkpoint in the area to facilitate the flow of traffic for the coming of the Cebu governor.  Reportedly, they halted a motorcycle coming out from Sitio Lacaron.

Olita, who claimed to be a deputized agent of the Land Transportation Office, asked for a driver’s license and registration receipt from the motorcycle riders.

Generale, the chief tanod, said that he saw the back-rider, later identified as Lapayao, dropped something from his right hand, which was found out to be shabu, causing Lapayao’s arrest.  (FREEMAN)