A MAN who was arrested at a checkpoint in Minglanilla town, southern Cebu for possession of alleged shabu gained freedom after being acquitted yesterday of the charge of illegal possession of dangerous drugs.
Judge Mory Nueva of Regional Trial Court (RTC) Branch 13 said the prosecution failed to prove the guilt of Richill Cañoneo beyond reasonable doubt on the grounds that there was no valid warrantless arrest conducted on him and that the chain of custody rule was not complied with.
Cañoneo was arrested on Feb. 17, 2013 at a checkpoint in Barangay Poblacion Ward I for allegedly having in his possession a plastic pack containing alleged shabu weighing 0.3 grams. According to court documents, policemen were conducting a saturation drive in the area when they chanced upon Cañoneo and his two companions distributing something.
When approached, Canoneo and his companions allegedly ran away. He was apprehended, together with one of his companions, and when asked to raise his hands and empty his pockets, a pack of crystalline substance, which later turned out to be shabu, fell to the ground. He and his companion were arrested and an inventory of the evidence seized was subsequently made inside the vehicles of the police officers.
Judge Nueva ruled that there was no valid warrantless arrest when Cañoneo was apprehended; he has neither committed nor was in the act of committing a crime.
The decision stated that trying to ran away when no crime has been overtly committed cannot be an evidence of guilt.