Court clears man of drug charges
September 9, 2006 | 12:00am
The court has dismissed the case filed against a suspected drug pusher in barangay Labangon after the prosecution failed to prove the guilt of the accused.
In junking the case, Regional Trial Court Judge Gabriel Ingles reminded policemen that their duties do not only end with the arrest of the suspect since they are still required to testify before the court to ensure conviction.
Ingles granted the motion for demurrer to evidence filed by the counsel of Rey Arcenas alias Boy Siga because the prosecution failed to adequately establish beyond reasonable doubt the guilt of the accused.
Arcenal was arrested by the elements of Criminal Investigation and Detection Group who had searched the suspect's house after the court issued a search warrant on April 14, 2004.
It was P02 Noel Enterina who reportedly found the five packs of shabu inside the suspect's house, but the prosecution failed to present Enterina before the court.
The prosecution only presented P03 Pablo Gintalian who, although he was among those who raided the suspect's house, admitted he had no knowledge of which part of the house the shabu was found.
Another lapse of the prosecution was its failure to present before the witness stand the chemist who examined the confiscated drugs despite the court's issuance of several notices for him to appear during trial.
Senior Inspector Medardo Palapo of the PNP Crime Lab was summoned by the court several times since last year but failed to appear for conflict of schedules. - Rene U. Borromeo
In junking the case, Regional Trial Court Judge Gabriel Ingles reminded policemen that their duties do not only end with the arrest of the suspect since they are still required to testify before the court to ensure conviction.
Ingles granted the motion for demurrer to evidence filed by the counsel of Rey Arcenas alias Boy Siga because the prosecution failed to adequately establish beyond reasonable doubt the guilt of the accused.
Arcenal was arrested by the elements of Criminal Investigation and Detection Group who had searched the suspect's house after the court issued a search warrant on April 14, 2004.
It was P02 Noel Enterina who reportedly found the five packs of shabu inside the suspect's house, but the prosecution failed to present Enterina before the court.
The prosecution only presented P03 Pablo Gintalian who, although he was among those who raided the suspect's house, admitted he had no knowledge of which part of the house the shabu was found.
Another lapse of the prosecution was its failure to present before the witness stand the chemist who examined the confiscated drugs despite the court's issuance of several notices for him to appear during trial.
Senior Inspector Medardo Palapo of the PNP Crime Lab was summoned by the court several times since last year but failed to appear for conflict of schedules. - Rene U. Borromeo
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