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.