CA saves man charged with drug possession from life imprisonment

CEBU, Philippines - The Court of Appeals has saved an alleged drug pusher from life term imprisonment after it reversed a lower court decision that found him guilty of violating the Comprehensive Dangerous Drugs Act.

Associate Justice Maria Elisa Sempio Diy of the Court of Appeals 18th Division acquitted Romeo “Bimbim” Jumao-as of the crime for violation of Section 21 of R.A. 9165 because of the failure of the prosecution to prove his guilt.

Jumao-as, resident of Sitio Dita, Barangay Pulang-bato, Cebu City, was charged for possession of 11.27 grams of shabu.

He was arrested on January 28, 2006 and was convicted by the Regional Trial Court in 2009 where he was sentenced to suffer the penalty of 20 years to life imprisonment and P400,000 fine.

Jumao-as appealed the decision contending that the prosecution failed to prove his guilt. He questioned the evidence presented in court against him because these were not marked in his presence and without the representatives from the media, public officials, and the Department of Justice.

The police claimed that the arrest was made during the implementation of a search warrant issued by the court against Jumao-as.

 However, the appellate court gave credence to the arguments made by the accused.

“All the foregoing certainly proves that the corpus delicti was not credibly proved because the prosecution failed to establish an unbroken chain of custody, rendering the seizure and confiscation of methamphetamine hydrochloride open to doubt and suspicion. Hence, the incriminatory evidence should not even pass judicial scrutiny,” the court ruled.

 Diy ordered the immediate release of Jumao-as unless he is held for another lawful cause. (FREEMAN)