2 drug suspects acquitted due to mishandled evidence

MANILA, Philippines - A Quezon City regional trial court judge acquitted two drug suspects recently, saying the police officers who arrested them mishandled evidence.

Regional Trial Court Branch 82 Judge Severino de Castro Jr. said he acquitted Ferdinand Salumbre of drug peddling and Sigundino Dulva Jr. of drug possession on grounds of reasonable doubt.

“It is apparent that there was a complete and unexplained disregard of the mandate (of the police) therein provided, precisely established to assure the identity of the dangerous drugs allegedly seized or confiscated as well as to preserve their integrity and evidentiary rule,” De Castro said.

Police said both men were arrested in a buy-bust operation conducted by the Quezon City Police District-Station 11 on July 4, 2003 at around 1 a.m. in Lumot Area, Barangay Tatalon.

Police Officer 2 Napoleon Zamora testified that they went to the area based on a tip from an informant and he pretended to be a buyer.

He alleged that the drug peddler turned out to be Salumbre, while Dulva was arrested while buying shabu from Salumbre.

Police allegedly seized .11 grams of shabu from Salumbre and .12 grams from Dulva.

During cross-examination, Zamora said while the police team had a pre-operation report, the name of the target was not indicated and neither of the suspects were subjected to a drug test.

The police team also did not prepare an inventory report nor took photographs of the confiscated evidence, the court said.

“The cases at bar, involving as they do dangerous drugs, this court cannot but underscore the importance of the handling thereof… The Court cannot ignore the … testimony of PO2 Napoleon Zamora upon whose testimony the prosecution rested its cases,” De Castro said.