Pubdate: Wed, 02 Nov 2005
Source: Freeman, The (Philippines)
Copyright: 2005 The Freeman
Contact:  http://www.thefreeman.com
Details: http://www.mapinc.org/media/3437
Author: Rene U. Borromeo
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)
Bookmark: http://www.mapinc.org/areas/Philippines

SWALLOWED EVIDENCE FREES MAN

A suspected drug pusher escaped conviction after he reportedly
swallowed the small pack of shabu he was supposed to sell to a poseur
buyer in barangay Sambag 2 three years ago.

Regional Trial Court judge Soliver Peras acquitted Edgardo Bacus alias
Dongkoy, a resident of barangay Sambag 2, Cebu City, who was arrested
by the Fuente police last December 16, 2002 for allegedly peddling
shabu.

SPO2 Willard Selibio explained that they failed to recover the pack of
shabu from Bacus because while he was about to hand over the stuff to
the poseur buyer, Bacus noticed the approaching policemen and quickly
swallowed the small pack.

Selibio said that even if they only recovered the P100 marked money
from Bacus, he was still arrested and was subjected to a urine testing
where he was tested positive of shabu use.

Peras, however, ruled that he could not convict Bacus just for the
reason that he tested positive of methamphetamine hydrocloride in a
urine testing because even Inspector David Alexander Patriana, who
conducted the urine test, could not say when the accused used shabu.

The court added that based on the testimonies of the policemen, there
was no delivery of shabu yet when Bacus was arrested because he
quickly swallowed the pack after he noticed the approaching policemen.

The court, however, considered the efforts of the policemen in
apprehending drug pushers and users, but said the arresting officers
were so careless and disregarded the procedural and constitutional
requirements to make the arrest valid. 
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