Pubdate: Mon, 11 Apr 2005
Source: Sun.Star Cebu (Philippines)
Copyright: 2005 Sun.Star
Contact:  http://www.sunstar.com.ph/cebu/
Details: http://www.mapinc.org/media/1690
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'INCREDIBLE' TESTIMONY SAVES INMATE FROM LONG JAIL TERM

TWO inmates of the Bagong Buhay Rehabilitation Center who both have
drug cases suffered contrasting fates last week: one will have to
spend 20 more years in jail, while the other can now walk free.

Aircon technician Teofilo Gurrea Llanto, who was charged with selling
a packet of shabu, did not expect he would be given a long jail term
for selling .06 grams of the illegal drug.

But with the new comprehensive drugs law, selling drugs is punishable
with life imprisonment to death, regardless of amounts.

On top of his imprisonment term of 20 years and one day to 40 years,
Llanto was also directed to pay a fine of P500,000 for his offense.

Prosecution witness PO1 Patrick Mumar, 29, said he was connected with
the Drug Enforcement Unit when they conducted a buy-bust operation
against Llanto last Jan. 9, 2003 in Day-as, Cebu City.

When they arrested Llanto, they recovered from the accused the
buy-bust money and the drugs Llanto allegedly sold.

In another case, however, Nestor C. Niala got cleared of a drug
possession charge.

Judge Fortunato de Gracia Jr., in his decision, said he found the
testimony of the policemen about the arrest "preposterous."

Prosecution witnesses PO3 Francisco Balansag and PO2 Deogracias Clarin
alleged that at 3:45 p.m. last Feb. 23, 2002, they saw Niala holding a
packet of shabu while they were walking on a footpath in Ermita, Cebu
City.

Balansag said he and two other policemen were just about a meter or
two away from the accused, but they said that Niala did not notice
them.

In his ruling, de Gracia said the prosecution's claim that the accused
held a packet of shabu in their presence was just too good to be true.

"The circumstances defy belief on the fact of arrest as plainly
incredible. While the court vests upon law enforcement agencies the
presumption of regularity in the performance of official duties, yet
the same should withstand the test of credibility," the ruling read.
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