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Bacolod City, Philippines Wednesday, February 1, 2012
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Man jailed for
9 years acquitted

BY CARLA GOMEZ

Two Bacolod residents, one of whom had been detained for about nine years, were acquitted of drug charges yesterday.

 Judge Edgar Garvilles of Branch 47 of the Regional Trial Court of Negros Occidental acquitted Roel Baynosa Lozadaand Eduardo Galboso Monillo on reasonable doubt, and for want of sufficient evidence.

 He also ordered the prompt releasefrom jail of Lozadaand that the bail bond of Monilloof P40,000 be cancelled and released.

Lozada had been accused for the sale of .03 gram of shabu in exchange for P100to a poseur buyer in a police buy-bust operation, andfor possession of .10 gram of shabuin PurokKagaykay, Barangay 2, Bacolod, on May 17, 2003.

Lozada, alongwith Monillo,was also accused for possession of paraphernalia for dangerous drugs on May 17, 2003.

Lozada testified thathe wasin the house of Mides Alcobar on May 17, 2003 when a commotion ensuedoutside.

He said he went to see what was happening, and saw five persons running towards himand bumped into a stranger holding a gun who was chasing them.

The gun-totting man came back after a couple of minutesand blamed him for the fleeing persons having gotten away, apprehended him and accused him of selling and possessing shabu, Lozada said.

Monillo also told the court that he was in Purok Kagaykay  to do an estimate of the cost of a sign board when arrested, and denied possessinga drug.

The judge said there was no physical inventory and photograph of the items allegedly confiscatedfrom the accused. Neitherdid the police officers offer an explanation for theirfailure to observe the rule, he added.

“As a general rule, the testimony of the police officers who apprehend the accused is usually accorded full faith and credit becauseof the presumptionthat they have performed their dutiesregularly. However, when the performance of their duties is tainted with irregularities such presumption is effectively destroyed,” the judge said.*CPG

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