CA affirms RTC ruling convicting man for drug sale

CEBU, Philippines - The Court of Appeals affirmed the decision of the trial court convicting a man for illegal selling of shabu.

The decision, penned by Associate Justice Pamela Ann Abella Maxino, found no ground to reverse the ruling of Regional Trial Court Judge Macaundas Hadjirasul against Lorain Badajos, a resident of Talisay City, Cebu.

“In light of all the foregoing, the court hereby affirms in to  the assailed decision dated March 31, 2011, of the Regional Trial Court, Branch 8, Cebu City in Criminal Case No. CBU-85423. Accused-appellant Badajos is found guilty beyond reasonable doubt of the crime of illegal sale of methamphetamine hydrochloride,” the decision reads.

The CA affirmed the penalty for Badajos to suffer life imprisonment and to pay a fine of P500,000.

The accused-appellant was arrested on February 10, 2009 at Sitio Tungka, Tangke, Talisay City for selling three sachets of shabu to a poseur-buyer during a buy-bust operation of the Talisay City police.

Authorities said that prior to the operation, they received a report about Badajos’ alleged illegal drug activities, which they have confirmed through surveillance.

For his defense, Badajos said he was just taking a shower in the bathroom when he heard a commotion outside, prompting him to go out.

He said he saw several persons inside their house who immediately grabbed him and brought him to Talisay City Police Station.

During his trial, Hadjirasul ruled to convict Badajos of the offense charged.

Badajos, however, appealed his conviction claiming the court erred in convicting him because the prosecution failed to prove his guilt beyond reasonable doubt.

In its 13-page decision, though, the CA ruled to affirm the decision of Hadjirasul.

The appellate court said the essential elements of illegal selling of dangerous drugs — the identity of the buyer and the seller and the delivery of the thing sold and the payment thereof — were established by the prosecution.

“We find no such overlooked facts or substance of such weight that could undermine nor overturn the finding of accused-appellant’s culpability,” the CA decision further reads. —NSA (FREEMAN)