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." - ---