A man allegedly caught in possession of four sachets of suspected shabu in 2015 has been acquitted by the Manila Regional Trial Court of the drug raps.
Judge Maria Bernardita Santos of Mania RTC Branch 35 cleared Jason Salazar of illegal possession of dangerous drugs charges.
Salazar was arrested after allegedly being found in possession of four heat-sealed plastic sachets of suspected shabu weighing a total of .255 gram on May 13, 2015 in San Andres, Manila.
Records reveal that PO1 Jose Asaytuno, who was assigned to Malate Police Station, was tasked to conduct a surveillance operation in San Andres that resulted in the arrest of Salazar.
In a seven-page decision dated February 9, the court pointed out that the prosecution had failed to establish the guilt of Salazar beyond reasonable doubt.
“At the outset, after going over the evidence presented, it would appear that there was no valid reason for the police officer to arrest the accused as he is doing nothing illegal,” it said.
“The accused was arrested without warrant based on a mere assumption from an alleged apparent criminal activity,” the court said, adding that “an assumption does not constitute probable cause for a warrantless arrest.”
The court said the prosecution was also “not able to prove that the police complied with the procedures in the custody and disposition of confiscated illegal item as enshrined in Section 21 of RA 9165 as amended.”
“Thus, the integrity and evidentiary value of the seized item had not been properly preserved,” the court ruled. (Cris G. Odronia)
