Pubdate: Mon, 05 Jul 2004 Source: Freeman, The (Philippines) Contact: 2004 The Freeman Website: http://www.thefreeman.com Details: http://www.mapinc.org/media/3437 Author: Joeberth M. Ocao FLAWED ARRESTS CLEAR 2 MEN OF DRUG RAPS BECAUSE of technical flaws in the arrests of two drug suspects, the Regional Trial Court cleared these men from charges of alleged possession of shabu. Judge Fortunato de Gracia dismissed the drug cases filed against Allan Santos and Manuel Montinola who were arrested in two different occasions in July 2002. Authorities said that both accused were arrested during a saturation drive in barangay Kamagayan, Cebu. Contrary to the statement of policemen that they arrested Santos while the latter was examining a packet of shabu, Santos told the court that he was actually on his way home on the evening of July 4, 2002, when a policemen called him, saying that a woman accused Santos of snatching the woman's cellphone. He was then brought to the barangay hall but the woman, upon seeing Santos, said he was not the one who snatched her cellphone. Santos said he asked permission to leave but the policeman reportedly told him to remain, as he was not frisked yet. Moments later, a police car arrived and he was handcuffed and ordered to board the vehicle, the policeman who arrested him told the one driving the vehicle that a packet of shabu was seized from Santos. Meanwhile, Montinola testified in court that he was merely fixing his slippers outside his house evening of July 24, 2002 when six policemen surrounded him and arrested him. He complained of the arrest but the policemen reportedly just told him to go with them to the police station as his wife was already there. But he did not see his wife at the police station where he was detained and that he was only informed of the charges against him. While Montinola admitted having used drugs before, he belied allegations that he was caught with shabu, saying that he should not have been outside but inside their house if indeed he was using the substance when he was arrested. In Santos' case, De Gracia said that the arrest scenario that the prosecution wanted to paint suffered from "blatant departure from reality". He said it was hardly credible that Santos would examine a packet of shabu in plain view of the public in a frequented pathway. De Gracia gave more credence to Santos' testimony that a policemen merely picked him up when he was alleged to have snatched the cellphone of a woman and was later on charged with shabu possession after the woman exonerated him from any liability. In Montinola's case, De Gracia said Montinola could not be held liable for possession of shabu as his right was violated when he was not informed of the charge against him during his arrest. "He may be indicted for the use of the substance or utilizing his residence as a drug den. However, he could not be found liable of such offenses in any of these alternative cases as it would violated his right to be informed of the charges against him, and evidently he is not so informed," De Gracia said. - --- MAP posted-by: Derek