Porter cleared of trying to ship illegal drugs

CEBU, Philippines - For lack of evidence, Regional Trial Court Judge Macaundas Hadjirasul of Branch 8 cleared a porter of a shipping line assigned at Pier 1, Cebu City, from drug charges.

In his seven-page decision, Hadjirasul said that he found no evidence to hold accused Marlon Balata guilty of a criminal case for a violation of Section 5, Article 2 of Republic Act 9165 otherwise known as Comprehensive Dangerous Drugs Act.

“For lack of proof beyond reasonable doubt that the accused, Marlon Balata y Bersano, is guilty of the offense charged as above-captioned, he is hereby ordered acquitted thereof,” the decision read.

With that, Hadjirasul ordered the jail warden of the Cebu City Jail to release accused from detention.

Balata was arrested in the afternoon of Dec. 2, 2011 p.m.

Based on the documents, Balata was accused of conniving with fellow porter Jojo Genesis and Sara Samson, both still at large.  The three were accused of having intent to deliver 14 heat-sealed transparent plastic sachets containing a total weight of 0.72 grams of shabu to Siquijor.

The accused, however, denied the charges. 

To prove his guilt, the prosecution presented Investigation Officer 3 Mark Maramba of the Philippine Drugs Enforcement Agency-7 and security guard Edward Cabreros of Ocean Jet.

In his testimony, Maramba said while he was in his office, he received a call from the Cebu Ports Authority about the shabu found in a package intended to be sent to Siquijor via Ocean Jet.

He said he went to the Ocean Jet at Pier 1 and marked the seized evidence and conducted an inventory then took photographs before he brought the accused and the evidence to their office.

Cabreros said he was assigned at the main entrance of the Ocean Jet Terminal and tasked with the duty to inspect passengers and their baggage.

Upon inspection of the package brought by the accused he saw sachets of shabu inside, with that he held the accused and called the PDEA.

Balata testified that on the said date, he was asked by Genesis to send a package through the Express Padala of the Ocean Jet to Samson. He said Genesis was off-duty at the time and could not enter the Ocean Jet Terminal.

Balata took the package, proceeded to the terminal and handed it to the security guard on duty for inspection. When he was asked who owned the package and what was inside, he told Cabreros it was owned by Genesis.

Hadjirasul ruled to acquit Balata basing on his credible testimony.

“The above testimony of the accused passed the requirements that, evidence to be worthy of credit, it must not only proceed from a credible source but must in addition, be credible in itself. It was natural, reasonable, probable and in accord with the common knowledge and experience of mankind,” the decision read.  (FREEMAN)