Pubdate: Mon, 08 Aug 2005
Source: Sun.Star Cebu (Philippines)
Copyright: 2005 Sun.Star
Contact:  http://www.sunstar.com.ph/cebu/
Details: http://www.mapinc.org/media/1690
Author: JGA
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)
Bookmark: http://www.mapinc.org/topics/Philippines

JUDGE SCOLDS POLICE FOR PLANTING DRUG EVIDENCE

A JUDGE was disgusted that some law enforcers have taken the law into
their own hands and sacrificed a citizen's right to liberty.

"The court is not unaware that in some instances, law enforcers resort
to planting evidence to extract information or even to harass
civilians," wrote Judge Fortunato de Gracia, quoting a Supreme Court
decision in People vs. Sevilla.

"The court must then be extra vigilant in trying drug cases, lest an
innocent person is made to suffer the unusually severe penalties for
drug offenses."

In a five-page decision, the Cebu Regional Trial Court's Branch 14
judge acquitted Maribel Caballa, 35, whom police accused of selling
0.04 gram of shabu on Sept. 3, 2002.

Buy-Bust

Police officers who conducted the buy-bust claimed to have negotiated
with Caballa to buy P100 worth of shabu at a sari-sari store in
Mambaling, Cebu City.

When Caballa handed the shabu, she was then invited for questioning at
the police station, where she was shortly arrested.

However, one of the arresting officers said the P100 bill used for
buying the shabu was not dusted with fluorescent powder, which left
authorities no evidence that Caballa indeed received the money.

Caballa, who spent almost three years in jail, denied selling shabu
and said that she and a few others were only frisked by policemen.

While being frisked, she shared what she knew about video carrera
operations in the community, which prompted police to invite her for
questioning.

Pictures

The police, however, arrested her, saying they found a pack of shabu
in a canal near the place Caballa stood.

But during her testimony, Caballa showed the court pictures that
proved there was no store in their area, as policemen alleged.

She earlier planned to file a case against the policemen but later
decided against it, saying she will just pray and ask God to forgive
them.

De Gracia gave credence to her testimony and denounced the policemen
for causing financial and emotional damage to Caballa, who had to bear
with "forced alienation from loved ones and untold suffering caused by
unlawful incarceration." 
- ---