GIRL'S TESTIMONY SAVES MAN FROM DRUG CONVICTION

Presenting his eight-year-old daughter to testify for him paid off for
a trisikad driver who was charged with drug possession.

Regional Trial Court Branch 15 Judge Fortunato de Gracia Jr. acquitted
Pascual T. Mingueto, 31, for his candor and sincerity in denying that
he was caught with a packet of shabu last July 19, 2003.

Arrest

Mingueto's eight-year-old daughter testified that her father was with
them watching the television show "Wansa-panataym" when policemen
entered their house and arrested him.

The daughter's testimony corroborated the father's.

The prosecution alleged that while SPO2 Raymundo Rodriguez, PO2
Inocencio Lumayag Jr., PO2 Deogracias Clarin and PO2 Antonio
Villa-velez were on foot patrol, they saw Mingueto handing out a
packet of shabu to another man.

Plastic Pack

Not wasting time, the policemen immediately positioned themselves to
arrest the accused.

Lumayag said he was only about five or six meters from where Mingueto
was.

Another policeman, SPO2 Ray-mundo Enri-quez, told the court that
although he was about 50 meters away, he still saw Mingueto hand the
plastic pack that was smaller than a fingernail.

In denying the allegation, Mingueto said he was watching television
when the policemen barged into his house and arrested him.

The Court said the denial would have been of little value were it not
for the daughter's testimony, which survived the questions from
prosecution and the Court.

Truth

The suspect's daughter narrated the events with "unexpurgated truth as
only a child could," Judge de Gracia said.

Also, de Gracia considered the policemen's act as "transgression of
the humble dwelling by the mighty enforcers." The Court cannot favor
any evidence gathered from such action, the judge said.