Pubdate: Mon, 23 Aug 2004 Source: Freeman, The (Philippines) Copyright: 2004 The Freeman Contact: http://www.thefreeman.com Details: http://www.mapinc.org/media/3437 Author: Joeberth M. Ocao Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine) Bookmark: http://www.mapinc.org/find?236 (Corruption - Outside U.S.) RTC SCOLDS COPS FOR "BARBARITY" The Regional Trial Court has admonished three policemen for arresting last year a man for drug charges then detaining him by tying him to a chair inside the police station because there was no detention cell to keep him. As such, RTC judge Fortunato de Gracia then cleared the arrested man, Jeffrey Cuizon de la Cerna, from charges of shabu possession, saying the policemen did not have any basis for arresting him. De Gracia labeled the policemen's act of tying Dela Cerna to a chair as "medieval barbarity" at the expense of a detained person who is presumed innocent unless proven guilty. De Gracia also said the prosecution failed to present the policemen's basis in arresting Dela Cerna, the reason why the charges against the accused should be dropped. "The validity of the search being predicated on a lawful arrest, should be factually demonstrated by indubitable proof that there was indeed probable cause for the arrest," De Gracia stated in part in his ruling. In his court testimony, Dela Cerna said he was waiting for a ride near the ice plant in barangay Lorega-San Miguel, Cebu City when the three approached and accosted him. They then frisked him and got a knife from him. Dela Cerna said the policemen then handcuffed and brought him to a bar where he was interrogated if he knew of a certain Pedro. He said he told them of a neighbor by the same name who was allegedly a drug peddler. Two of the policemen then left, leaving him in the custody of the remaining policeman. Thirty minutes later, they came back then allegedly mauled him while berating him for lying about that certain Pedro. He was then brought to T. Padilla police station I where he was handcuffed to a chair. The policemen later told Dela Cerna's grandmother that they had found from his grandson a packet of shabu aside from the knife, earlier seized from him.