The mishandling of evidence has led to the acquittal of four people of drug charges in separate cases.
Acquitted of drug charges were Gemma Tudla, Jonalyn Real, Reynaldo Disipulo, and Jian Ric Tibay.
In four separate decisions dated February 28, the Manila Regional Trial Court (RTC) Branch 35 ruled the prosecution failed to prove the guilt of the four accused beyond reasonable doubt.
Tudla was arrested in a police buy-bust operation in Tondo, Manila, on Jan. 20, 2016. The accused was allegedly caught selling P200 worth of suspected shabu to a police officer who acted as poseur-buyer.
The accused, however, denied the charges filed against her, saying she was arrested on Jan. 19 and not on Jan. 20 as alleged by the police officers.
Tudla said she was on her way to her sister’s house to fetch her grandchildren when she was suddenly accosted by four policemen. She was brought to the police station and accused of selling drugs.
In its ruling, the court said the police failed to mark the evidence immediately after confiscation. The court also raised doubts whether the illegal drug transaction had indeed took place.
Real was apprehended in a buy-bust operation in Malate, Manila, on Aug. 19, 2015. Police allegedly recovered from her three sachets of suspected shabu.
In her defense, the accused said she was with her live-in partner when policemen knocked and entered their house. She was brought to the police station and asked her to produce half a million pesos. When she failed to produce the money, she was slapped with drug charges.
The court said the prosecution failed to show that the seized evidence was handled in accordance with the procedural mandate.
It also said the version of the police “did not jive” with the other evidence. “Based on the foregoing, the prosecution appeared to have failed in establishing the onus to justify a conviction in these cases,” it said.
Disipulo was arrested by authorities after he was allegedly caught in the act of using illegal drugs inside a house in Tondo, Manila, on Sept. 18, 2015. The accused denied the charge against him.
In its decision, the court noted the inconsistency in the prosecution evidence and the latter’s failure to demonstrate an unbroken chain of custody.
Tibay was nabbed after he was allegedly caught in the act of selling suspected shabu to an undercover policeman during a buy-bust operation in Paco, Manila, on Oct. 6, 2015.
The court, however, noted that the evidence was not marked immediately upon confiscation at the place of arrest. (Cris G. Odronia)