CEBU, Philippines - A man arrested after he was caught allegedly handing a syringe containing a regulated drug over to a detainee is still facing charges even after the liquid substance was proven negative in a chemical analysis.
Ben Johnson Padica, 23, was apprehended and detained after he yielded a syringe containing a liquid substance, reportedly Nubain, which he allegedly attempted to give to his friend, Elmer John Cabaltera, 21.
Senior Police Officer 1 Vicente Espinido Jr., desk officer of Pardo Police Station, said that the complaint for possession of illegal drugs against Padica was dismissed after the laboratory results turned out negative.
Espinido said that Padica admitted to the police that he was allegedly instructed by Cabaltera to give him Nubain.
“Gisugo siya og palit unya giilad ra diay niya ang iyang gihatdan. Basin gigamit niya ang kuwarta sa lain,” Espinido said.
Padica went to the police station around 11 p.m. on August 14 and went to Cabaltera, who was arrested for illegal possession of firearms.
Since it was already beyond visiting hours, Police Officer 2 Renante Bargayo approached Padica to supposedly reprimand him.
But Bargayo reportedly saw Padica handing over the syringe to Cabaltera, which prompted the police officer to immediately arrest him.
Padica is still facing charges for possession of drug paraphernalia in violation of Section 12, Article 2 of the Republic Act 9165 or the Comprehensive Dangerous Drugs Act.
He is currently detained at the Cebu City Jail after he opted not to submit a counter-affidavit during the inquest proceedings.
Espinido said that Cabaltera posted bail for his temporary liberty while his case for violation of the Republic Act 10591 or the Comprehensive Firearms and Ammunition Regulation Act will be heard in court.
Acquitted
Meanwhile, the Court of Appeals in Cebu has acquitted a man in the case for illegal possession of dangerous drugs.
Associate Justice Jhosep Lopez granted the appeal filed by Buenaventura Cere, a resident of Sitio Missionary, Barangay Pasil, Cebu City, for violation of Section II, Article II of Republic Act 9165.
“The prosecution failed to establish accused-appellant guilt beyond reasonable doubt, hence a reversal of his conviction is justified and called for,” the decision read.
Cere and a neighbor were convicted in 2011 by the trial court for illegal possession of dangerous drugs. The two were sentenced to imprisonment for 12 years and one day to 15 years and a fine of P300,000.
Cere, however, appealed his conviction claiming the trial court erred in convicting him. (FREEMAN)