THREE individuals, each arrested for allegedly promoting and possessing unlawful medication in separate police operations, were acquitted by means of the Perfect Court docket and feature been ordered launched.
Rowena Lumangka used to be acquitted after the prosecution did not end up her guilt past affordable doubt.
Lumangka used to be arrested in a buy-bust operation in Parañaque Town in 2011.
The court docket held that “the arresting officials did not strictly agree to the procedures laid down by means of legislation and jurisprudence in regards to the chain of custody in Unhealthy Medication circumstances, compromising the integrity of the proof.”
“Due to this fact, this court docket can not, in just right sense of right and wrong, order the deprivation of Lumangka’s liberty when there’s a looming shadow of doubt on her guilt,” the ruling mentioned.
She used to be ordered in an instant launched from detention, except she is confined for another lawful purpose.
In a separate case, the court docket reversed and put aside the ruling of the Court docket of Appeals in opposition to Ernesto Magat who used to be arrested for allegedly possessing unlawful medication in Pateros in 2014.
Information of the case confirmed that the stock of the seized pieces used to be witnessed handiest by means of the barangay captain, and there used to be no consultant from the media and the Division of Justice.
“The prosecution didn’t even trouble to provide an explanation for the failure to agree to the witness requirement. There used to be likewise no observation that authentic and enough efforts have been exerted to conform therewith,” the top courtsaid.
In the meantime, any other accused, Salahudin Baraguna, has been acquitted for failure of the prosecution to end up his guilt past affordable doubt and has been ordered “in an instant launched from detention, except he’s confined for another lawful purpose.”
Baraguna used to be collared by means of anti-narcotics brokers in a buy-bust operation in Naga Town in June 2014.
The native court docket discovered Baraguna in charge for the crime of unlawful sale of unhealthy medication.
However the Suoreme Court docket came upon that there used to be no proof both on how the thing used to be saved, preserved, categorized, and recorded.
“In gentle of the foregoing lapses dedicated by means of the PDEA brokers, the [Office of the Solicitor General] OSG’s statement, of presumption of regularity within the efficiency in their authentic tasks will have to necessariiy fail,” the top court docket mentioned.
It added that the similar “can not succeed over the constitutionaliy enshrined presumption of innocence in prefer of the accused.”
“To conclude, the deadly irregularities within the behavior of the buy-bust operation and the deviation from Segment 21 of RA 9165 severely tainted the integrity of the corpus delicti and the court docket is constrained to acquit accused-appellant.”