CA denies appeal of man convicted for illegal drugs

CEBU, Philippines - The Court of Appeals in Cebu has affirmed the conviction of a man for illegal possession of dangerous drugs.

 Associate Justice Germano Legaspi found no reversible error that would warrant the acquittal of Erick Herbias Armenion for violation of Republic Act 9165 otherwise known as Comprehensive Dangerous Drugs Act.

 “Indubitably, all of the elements to affirm appellant’s conviction…were sufficiently established, viz: during a routine patrol by the barangay tanods, appellant was caught in possession of shabu; appellant was not authorized by law to posses the dangerous drug; and he was clearly identified as the person freely and consciously in possession of the dangerous drug,” the decision read.

 In addition, Legaspi said the prosecution was able to prove the guilt of Armenion beyond reasonable doubt.

 Armenion appealed his case before the appellate court claiming the trial court erred in convicting him, despite the failure of the prosecution to prove his guilt. Armenion was convicted on October 17, 2011.

 The CA denied the appeal of Armenion because contrary to his contention, the identity and chain of custody of the seized evidence were duly established by the prosecution.

Armenion was arrested on December 17, 2008 at about 4 p.m., by Vicente Bosque, Abu Bakkar Masbud and Makud Sultan, barangay tanods of Ermita for illegal possession of shabu.

They alleged that while they were patrolling around the area, they noticed Armenion busy examining a plastic sachet with his right hand.

 “Suspecting that the sachet appellant was holding shabu, Bosque and his companions proceeded towards appellant. Upon seeing the barangay tanods, appellant attempted to flee but was blocked by Masbud. Masbud and Bosque were then able to get a hold of appellant. Appellant tried to wrestle his way out from the grip of the barangay tanods but to no avail,” the document read. — (FREEMAN)