Pubdate: Thu, 24 Feb 2005
Source: Sun.Star Cebu (Philippines)
Copyright: 2005 Sun.Star
Contact:  http://www.sunstar.com.ph/cebu/
Details: http://www.mapinc.org/media/1690
Author: GN
Cited: Philippine National Police http://www.pnp.gov.ph
Bookmark: http://www.mapinc.org/find?236 (Corruption - Outside U.S.)
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)
Bookmark: http://www.mapinc.org/areas/Philippines

COURT SUSPECTS EXTORTION, DROPS DRUGS CHARGE

Convinced that the packet of shabu used as evidence against a suspected 
drug dealer could either be planted or illegally seized, the court 
yesterday acquitted a woman who is allegedly a known pusher in Cebu City's 
downtown area.

Regional Trial Court (RTC) Branch 13 Judge Meinrado Paredes cleared Alicia 
C. Estoque, who was charged with possessing a packet of shabu last Dec. 23, 
2003.

In an eight-page decision, Paredes said there was a reason for him to 
believe that PO3 Jaime Otadoy extorted money from Estoque during the incident.

"The testimony of PO3 Otadoy is inconsistent with the joint-affidavit he 
executed. The buy-bust was unusual. The buy-bust money and serial numbers 
were not entered in the logbook. They were recorded in the police blotter 
only after the alleged buy-bust. It was PO3 Otadoy, who claimed to have no 
knowledge about the buy-bust, who entered the incident in the police 
blotter," the ruling read.

The police earlier alleged that they arrested Estoque during a buy-bust and 
seized a packet of shabu and two P100 bills from her.

They said the buy-bust happened about seven to 10 meters away from the 
house of the accused.

In her defense, Estoque said that while she was sleeping in her residence, 
she heard several knocks at the door at 2:43 a.m.

When she opened the door, she was choked by a person, whom she later knew 
as among the prosecution witnesses.

Estoque, who also has pending drug cases in RTC Branches 10 and 15, said 
Otadoy asked for P50,000 for the settlement of the case, but she told the 
policeman that she is no longer selling drugs.

In his decision, Paredes said he is skeptical with the prosecution's 
version of the incident.

"The court seriously doubts the version of the prosecution that the accused 
was caught in possession of the shabu mentioned in the information in a 
buy-bust operation. This can be gleaned from the material inconsistencies 
and contradiction of the testimonies of the prosecution witnesses," the 
ruling read.
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