Pubdate: Sat, 27 Aug 2005
Source: Freeman, The (Philippines)
Copyright: 2005 The Freeman
Contact:  http://www.thefreeman.com
Details: http://www.mapinc.org/media/3437
Author: Liv G. Campo
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/areas/Philippines

MAN GETS LIFE FOR PLANTING MARIJUANA

A man was sentenced to life imprisonment with a fine of P500,000 for
cultivating a marijuana plantation in the mountain barangay of Adlaon.

"The prosecution has established by competent evidence the guilt of
the accused beyond reasonable doubt," said Regional Trial Court
presiding judge Soliver Peras in his 25-page decision finding Zosimo
Turno guilty of the crime.

On the morning of March 14, 2002, elements of the Talamban Police
Station, headed by station commander Aristides Macatangay, raided a
marijuana plantation in sitio Cubkawa. During the raid, police
arrested Turno and confiscated 221 stalks of fully grown marijuana
plants, 280 pieces or 23.06 grams of young marijuana plants, and 10
pieces or 545.45 grams of freshly uprooted marijuana stalks believed
owned by Turno.

During the trial, the prosecution presented SPO1 Neri Cahimat who
testified that on March 13, 2002 they received advisory that they were
going to inspect a reported marijuana plantation in sitio Cubkawa.
Cahimat said that when they arrived at the place, they saw fully grown
marijuana plants and when they started uprooting them, they saw Turno
coming.

When they asked Turno who owned the plantation, the latter answered he
has no idea, prompting them to arrest him.

Another prosecution witness, PO3 Ricardo Escobido, testified that he
was with the team that raided the marijuana plantation. Escobido added
that Turno's neighbors identified him as the owner of the lot,
although the suspect denied this.

Adlaon barangay captain Nieves Nara, a witness for the prosecution,
testified before the court that Turno is a resident of her barangay
and that he owns a farm lot that he has planted with vegetables and
flowers. Nara added that she has no idea that Turno cultivated a
marijuana plantation.

Peras said that even if the defense had raised the issue of the
warrantless search during the trial, it would still be "denied since
there was proper justification for the admissibility of these evidence
falling under the category of evidence in plain view."

And even if the accused maintained that the prosecution had no proof
of his alleged ownership of the lot, the court said that "proof of
ownership of the land is immaterial or irrelevant in order for the
prosecution's cause to prosper." What was essential, according to
Peras, was that the "prosecution was able to prove that the accused is
cultivating the marijuana plants."

Peras found the testimonies of the arresting officers as
credible.

The defense also failed to present the people whom the accused said he
was working with. Turno testified that he worked for a certain Mario
who owned the field. However, he could not say the family name of
Mario, thus, the court believed this person to be "fictitious."
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