Regional Trial Court Branch 30 Presiding Judge Rafael Crescencio Tan Jr. on Friday convicted six individuals accused of violating provisions of the Comprehensive Dangerous Drugs Act of 2002, and were meted stiff prison terms.
Sentenced to suffer a penalty of life imprisonment are Eddie Tinapay, Kurt Dylan Toralde, Remondo Pardo, Nestor Bulabos, Malyn Ceriales, and Edwin Valienta, who were all accused of unlawfully and knowingly selling and delivering shabu to police-poseur buyers in different anti-drugs operations in 2014 within the Metro Dumaguete area, in violation of Section 5 of RA 9165.
Judge Tan also ordered each one of them to pay P500,000 as penalty.
Only one, Darin Pusod Deloria from Zamboanguita, was acquitted based on reasonable doubt. According to Judge Tan, the story of the Prosecution was “quite unbelievable” when it said the police found drugs in Deloria’s jogging pants but which revealed did not have any pockets when it was presented before the court. He said it was an “unusual testimony” of the prosecution, casting doubt on the part of the court, and prompting him to acquit Deloria of two charges, one for violation of Section 5 for selling and Section 11 for possession.
“In the light of the failure of the Prosecution evidence to pass the test of moral certainty, a judgment of acquittal becomes inevitable. Suffice it to say, the slightest doubt should be resolved in favor of the accused,” Judge Tan said.
Meanwhile, Judge Tan issued on Friday a warrant for the arrest of drug convict Rogie Mindac Cinco.
Cinco, who hails from Bangcolotan, Zamboanguita, was convicted before RTC Branch 30 with the offense of violatioin of Section 11, Art II, RA 9165 in a judgment dated Oct. 2, 2007, and which has been affirmed en toto by the Court of Appeals.
He said the decision has been final and executory, having been recorded in the Book of Entries of Judgment.
Judge Tan issued the warrant for the arrest of Cinco, following a letter from a concerned citizen who said the accused was seen walking around, instead of being locked up in jail following his conviction. (PNA)
