CEBU, Philippines - The Court of Appeals in Cebu has ordered the release of two men from Naga City who were convicted years ago for possession of dangerous drugs.
Associate Justice Gabriel Ingles granted the appeal filed by Bonie Mejio and Carmelito Villarin to have their case dismissed, claiming that the lower court erred in convicting them.
Ingles granted Mejio and Villarin’s appeal, ruling that the prosecution failed to comply with the chain of custody of the evidence and that there were inconsistencies in the testimonies of the witnesses.
“The judgment dated March 19, 2013, of the Regional Trial Court, Branch 57, Cebu City is reversed and aside for failure of the prosecution to prove beyond reasonable doubt the guilt of accused-appellants, who are accordingly hereby acquitted of the crime charged against them and ordered immediately released from custody,” the decision reads.
Ingles directed the head of the Bureau of Correction to implement the decision.
Mejio and Villarin, who are both residents of Barangay Langtad, Naga City, were arrested on November 22, 2008 at a videoke bar for alleged possession of marijuana.
Senior Police Officer 1 Joselito Bacarisas of Naga City Police Station alleged he received information that there was rampant selling of illegal drugs by a certain individual near a videoke bar in Langtad and later found the two suspects reportedly with marijuana.
Villarin denied the allegations, saying he was waiting for his mother near the basketball court when police arrested him.
Mejio, for his defense, alleged that he was on his way to visit his co-worker when a person suddenly called him, asked where he was going, and then arrested him.
The RTC convicted the two for illegal drug possession and sentenced them to suffer 12 to 15 years of imprisonment and a fine of P300,000.
The two appealed their case before CA, claiming that the trial court erred in convicting them and the prosecution failed to prove their guilt beyond reasonable doubt.
Ingles granted the appeal and ordered Mejio and Villarin’s acquittal. (FREEMAN)