CA affirms man’s guilt for drug sale, possession

CEBU, Philippines - The Court of Appeals has affirmed the decision of the trial court convicting a man for selling dangerous drugs.

Associate Justice Ma. Luisa Quijano-Padilla found no reason to reverse the decision of Judge Simeon Dumdum, Jr. of the Regional Trial Court finding Alex Rafols guilty for  violating Section 5 (illegal selling of shabu) and 11 (illegal possession of shabu) of the Comprehensive Dangerous Drugs Act.

“The foregoing elements of sale and illegal possession of dangerous drugs have been established beyond reasonable doubt. The evidence for the prosecution proved that a legitimate buy-bust operation took place during which Rafols was arrested for selling and illegally possessing shabu. Rafols, therefore, was correctly adjudged guilty beyond reasonable doubt of the charges against him,” the decision reads.

Thus, Padilla denied the appeal filed by Rafols.

In 2012, Rafols was sentenced to suffer life imprisonment and fined P500,000 for selling shabu and meted another 15 years imprisonment and a fine of P300,000 for possession of the substance.

Rafols, however, appealed his conviction, saying prosecutors failed to prove his guilt beyond reasonable doubt.

Rafols claimed that he was arrested unlawfully by the police on December 5, 2007 at about 9:15 p.m. He said he was just on his way to buy medicine for his mother when two men blocked his way and arrested him.

He was then brought to the office of the Philippine Drugs and Enforcement Agency (PDEA). The evidence allegedly seized from him, one sachet of shabu and other six packs presented were planted.

George Cansancio of PDEA testified that a buy-bust operation in Sikatuna, Riverside, Cebu City led Rafols’ arrest.

Cansancio said the items seized from Rafols were inventoried and marked by their team lead Levi Ortiz, director II of the PDEA in the presence of Rafols, barangay tanods, and representative from the media.

With the foregoing facts, Padilla ruled in favor of the prosecution. She said the prosecution was able to prove the guilt of the accused-appellant.

“The packet of shabu subject of the sale and the other six packets illegally possessed by Rafols were brought to and properly identified in court. Rafols was also positively identified as the one who sold and possessed the sachets containing white crystalline substance that were later confirmed to be shabu in the examination of the forensic chemist,” the decision reads.  (FREEMAN)