EXAGGERATED VOLUME OF SHABU CAUSES RELEASE OF 3 WOMEN

CEBU CITY - A Regional Trial Court (RTC) judge here released three
women, who were involved in what authorities claimed was a
"sensational drug bust," after the court found out that only 10.04
grams out of the 1,495.78 grams of crystalline substance seized by
authorities were "shabu."

RTC Judge Anacleto Caminade, in his one-page order dated June 15,
ordered the release of Haidee Logarta Supangan (alias "Haidee
Gurbaxani"), Elizabeth Supangan Sala, and Augie Marie Supangan Antipala.

Judge Caminade allowed them to post bail because the old drugs law,
Republic Act 6425, provides that selling or possessing less than 200
grams of shabu is bailable.

But under the new law, RA 9165, anyone caught selling shabu,
regardless of quantity, and anyone who caught possessing more than 50
grams of shabu cannot post bail.

The three women were earlier charged with violating RA 6425, which
penalizes possession of 200 grams or more to an imprisonment term of
from 20 to 40 years to death.

Agents of the Presidential Anti-Organized Crime Task Force (PAOCTF) in
the Visayas arrested Supangan and the two women in a "buy-bust"
operation on April 2, 2000 at Ayala Center Cebu Mall.

Supangan was the constant companion of a "big-time drug lord" in the
PAOCTF order of battle.

The three were arrested in a "buy-bust" that yielded 1.4 kilos of
alleged shabu. But in a report, Senior Insp. Richard Ginete, Camp
Crame laboratory technician, reported finding only 10.04 grams of
shabu from the 1.4 kilos of substance examined.

"The court is convinced of the validity of the findings of the PNP
Crime Laboratory, Camp Crame that what was allegedly taken or sold is
not 1,495.78 grams of shabu but only 10.04 grams.

This new law (RA 9165) should be given a retroactive effect because it
is favorable to the accused, and possession or selling of shabu
consisting of 10.04 grams was bailable under the law then enforced
which is RA 6425 as amended," the ruling read.

The judge issued an order directing the Bagong Buhay Rehabilitation
Center (BBRC) to immediately release the three women whom, the court
said, had already undergone preventive imprisonment for a period
"equal to or more than the possible maximum imprisonment penalty of
the offense charged.