Last April, the Court of Appeals issued the entry of judgment stamping with finality the physical evidence against Giovanni Gimenez, Jovan Gimenez and Victor Ceniza as "inadmissible."
"This issuance dealt a fatal blow to the mighty labors of the prosecution as the deletion of the evidence created a yawning vacuum in this case of the state — an insurmountable predicament rendering futile further attempts at jousting with the defense," said RTC Branch 15 Fortunato de Gracia Jr.
"Even if the court shall order for the continuation of the case, it would still be (a) senseless and wasteful crusade as any effort of the prosecution to pursue this case could merely be prolonging an empty quest. By any legal indicia the case is irredeemably lost," De Gracia added.
Since the case was dismissed, Gimenez, his brother Jovan, and Ceniza were acquitted of the charges and were ordered released from detention.
Gimenez was arrested on Sept. 7, 2001 by the now defunct detective bureau of the Cebu City police on board a Starex van reportedly in possession of over 300 grams of shabu.
The Gimenezes and Ceniza were charged with violation of Section 16, Article III of Republic Act 6425, the old drug law.
The complaint was subsequently elevated to a formal anti-drug case with the RTC, which refused to grant them bail pending the resolution. — Freeman News Service