SC acquits man for drugs

CEBU, Philippines - The Supreme Court has reversed the decision of the lower courts convicting a man accused of selling drugs whose clients were mostly students of a night high school in Barangay Lahug, Cebu City.

Associate Justice Jose Portugal Perez acquitted Charve John Lagahit for violation of Section 5 (illegal selling of dangerous drugs) and violation of Section II (illegal possession of dangerous drugs),  Article II of Republic Act 9165, otherwise known as Comprehensive Dangerous Drugs Act.

“Wherefore, the assailed decision of the Court of Appeals dated 17 March 2011 in CA-G.R. CEB-CR HC. No. 000867 is hereby reversed and set aside. Appellant Lagahit is hereby acquitted based on reasonable doubt, and is ordered to be immediately released from detention, unless he is confined for any other lawful cause,” the decision reads.

Perez said the prosecution failed to establish the chain of custody of the evidence seized from Lagahit, thus creates doubt if the four sticks of hand-rolled marijuana cigarettes belonged to him.

He added the witnesses likewise failed to mention how the marijuana cigarettes, the subject of the sale transaction, got into the hands of PO3 Arturo Lawas, Jr.

“This court cannot overlook this evidentiary gap as it involves the identification of the sold four sticks of hand rolled marijuana cigarettes.  In the absence of the aforesaid link in the chain of custody, doubt arises if, indeed, the recovered four sticks of hand rolled marijuana cigarettes that PO3 Lawas  Jr. brought to the barangay hall and then to the Mabolo Police Station…later brought to the crime laboratory; and examined by the forensic chemist, which yielded positive for marijuana, were the same drugs actually sold by the appellant to the trusted informant,” the decision further reads.

Lagahit appealed his case after the Court of Appeals affirmed the decision of the Regional Trial Court convicting him of the offense charged and sentencing  him  to  suffer the penalty of life imprisonment,  plus a fine of P300,000 for selling dangerous drugs and 12 to 20 years of imprisonment plus a fine of P200,000 for illegal possession of dangerous drugs.

He claimed the lower courts erred in convicting him.   Lagahit said the prosecution failed to prove his guilt beyond reasonable doubt and failed to prove the identity of the seized evidence.

According to the prosecution, based on the reports of some teachers of Barangay Lahug Elementary School and an informant, there was an illegal drug trade in the area and that Lagahit was among the “perpetrators.”

The police then conducted surveillance operation and confirmed that Lagahit was engaged in illegal drug trade in the area. But Lagahit denied the accusations filed against him.

Lagahit said he was at the stairway waiting for his friend when he was arrested on August 29, 2003 at around 8:45 p.m.  (FREEMAN)