CEBU, Philippines - The Court of Appeals has affirmed the decision of the Regional Trial Court convicting a man for selling and possessing illegal drugs.
In his 14-page decision, Associate Justice Edgardo delos Santos said the suspect, Woodrow delos Reyes, failed to prove in his appeal that the police officers arrested him with ill-motive.
Delos Reyes filed his appeal in 2007, saying prosecutors failed to prove his guilt beyond reasonable doubt.
At about 10:15 p.m. on June 14, 2003, authorities said they verified reports about the rampant selling of prohibited drugs in Mabini Street in Barangay Hipodromo, Cebu City. With this information, they conducted a buy-bust operation against Delos Reyes and a certain Josemarie Gaviola Jr., now deceased.
Delos Reyes, however, said that around 10:5 p.m. on the night of his arrest, he went out of his room to smoke when two men approached him and looked for Tisoy. He then accompanied them to Tisoy’s room located at the back of his room.
However, a commotion reportedly ensued shortly after and when he went back to Tisoy’s room to check, he saw one of the two men who approached him earlier hold Tisoy in place. The other man also approached him and, after introducing himself as a police officer, reportedly held him in place and frisked him. Delos Reyes claimed nothing was recovered from him.
The court, however, ruled in favor of the policemen, saying Delos Reyes was but using alibi as his defense. (FREEMAN)