One found guilty, another acquitted in drug cases

SUSAN Tampos Alvarado was tried yesterday in absentia and found guilty of the charge of illegal possession of dangerous drugs.
Alvarado was sentenced to imprisonment of not less than twelve years and one day but not more than fifteen years of imprisonment, and fined P300,000.

A warrant of arrest was also issued against her.

In a decision penned by acting presiding judge Mory Nueva of Regional Trial Court (RTC) Branch 13, it was noted that the prosecution proved the guilt of Alvarado beyond reasonable doubt.

Cebu City Traffic Operations Management (Citom) personnel arrested Alvarez, a suspected swindler, on May 14, 2012, after she was identified by her victim Jayanna Yanoc. She was brought to the Cebu City Police Office (CCPO) together with her companion.

When subjected to a body search and inspection, Alvarez yielded a plastic sachet containing 0.03 grams of methamphetamine hydrochloride or shabu.

Judge Nueva ruled that the court found the prosecution to have duly established the guilt of Alvarez beyond reasonable doubt, as there was no objection that the pack recovered from her was a pack of shabu.

According to the decision, the evidence presented by the prosecution was never refuted by Alvarez, who jumped bail, was sufficient to establish her guilt beyond reasonable doubt.

Meanwhile, Abner Marabellas was acquitted of the charge of illegal possession of equipment, instrument, apparatus, and other paraphernalia for dangerous drugs.

Abner was arrested on September 7, 2011 in Sitio Bato, Barangay Ermita, Cebu City by police officers who were conducting operations against illegal activities in the area.

While walking around the place, the police officers saw Abner in a small shanty allegedly fixing paraphernalia used for sniffing shabu. They seized from his possession ten strips of aluminum foil as well as two disposable lighters and paper wicks.

However, in Judge Nueva’s decision, the court found that the prosecution failed to prove the guilt of the accused. The decision states that the prosecution failed to comply with the chain of custody rule as it failed to establish the fact that the drugs paraphernalia that were allegedly confiscated from Abner are the very same ones that were presented in court.