CA affirms man’s drug conviction

CEBU, Philippines - The Court of Appeals has affirmed the conviction of a man for illegal possession of drugs in violation of Republic Act 9165 or the Comprehensive Dangerous Drugs Act.

“In other words, the prosecution evidence had sufficiently established the unbroken chain of custody of the seized illegal drugs and consequently, preserved the integrity and evidentiary value of the recovered evidence. Thus, there is no doubt that the accused had committed the crime imputed against him,” read the decision of Associate Justice Edgardo delos Santos against Norberto Cabriana.

Delos Santos stated that the court was not persuaded with the contention of Cabriana that he did not own the house raided by the police.

Cabriana, a resident of Sitio Hawod, Bulacao, Talisay City, alleged that the trial court erred in convicting him for illegal possession of two medium transparent plastic packs of shabu weighing 4.29 grams and 0.03 gram.

He said there was no sufficient evidence to prove that he had actual possession or control of the dangerous drugs seized in the house the police officers raided on July 16, 2005 at around 6:30 p.m.

Cabriana claimed that he was in a mahjong place when he was informed that the house of a certain Ligaya Abadon was raided by the police and that the authorities were looking for him.

The CA, however, affirmed the decision of the trial court sentencing Cabriana from 12 years to 15 years imprisonment and a fine of P300,000.

It said that contrary to Cabriana’s contention that he did not own the house that was raided by the police, he also was not able to present any evidence to support the same.

The appellate court added that while Cabriana did not own the house, he was renting the place, which gives him complete access and control over it. — (FREEMAN)