CEBU, Philippines - For insufficiency of evidence, the Regional Trial Court has acquitted a suspected drug pusher from Talisay City.
RTC Branch 7 Judge Macaundas Hadjirasul cleared Doroteo Cabañero from the criminal case for violation of the Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002.
In his 12-page decision, Hadjirasul cited the prosecution’s failure to show that the alleged buy-bust operation that resulted in the arrest of Cabañero was legal.
Cabañero was charged for violation of Sections 5 and 11, Article II of RA 9165 or drug selling and possession, respectively.
He was arrested on March 12, 2011 at about 11:30 p.m. in Sitio Hawod, Barangay Bulacao, Talisay City during a buy-bust operation.
PO1 Nick Obiazada Jr., testified that he received information that selling drugs is rampant in Sitio Hawod. Based on the information, Obiazada and his colleagues conducted a buy-bust operation.
Obiazada claimed to have been designated as the poseur buyer during the operation. He allegedly bought a pack of shabu weighing 0.05 gram worth P500 from the accused. The transaction resulted in the arrest of Cabañero.
His testimony was corroborated by SPO2 Alden Abay-abay.
However, Hadjirasul doubted the policemen’s claimed because of the prosecution’s failure to present the alleged informant. It was not allegedly presented in court what happened in the transaction between the police and the supposed informant.
The prosecution likewise failed to show that the items seized from the accused were the same items submitted for laboratory examination. The court ordered the dismissal of the case and the immediate release of Cabañero. —FPL (FREEMAN)