SC acquits man convicted of drugs

A man convicted of drug offenses will no longer serve the life imprisonment meted against him by the Regional Trial Court in Cebu City.

This after the Supreme Court reversed the lower court’s decision and acquitted Bobby Abelarde, a resident of Barangay Pasil in Cebu City, of drug charges.

"Wherefore, the appeal is granted. We hereby reverse and set aside the November 23, 2013 decision. The accused-appellant Abelarde is hereby acquitted of the charged against him," read the decision penned by Associate Justice Mariano Del Castillo.

Abelarde, who was arrested for selling and possessing illegal drugs during an entrapment operation on March 24, 2005, was found guilty beyond reasonable doubt by the RTC.

Abelarde, in his petition, said he had been framed up and the pieces of evidence used against him were planted.

He appealed his conviction before the Court of Appeals. The CA, however, affirmed the RTC’s decision.

But he raised the case before the SC, questioning the decisions of the lower courts.

The accused claimed that the chain of custody of evidence allegedly seized from his possession was not followed.

The SC, in its decision, said the police failed to observe the basic requirements in the preservation of evidence, prompting the high court to rule in favor of Abelarde.

Also, the SC said the police failed to disclose where the physical inventory and the photograph of the seized illegal drugs were done.

"In the present case, the records show that the buy-bust team did not observe even the most basic requirements of the prescribed procedures. While the markings, were made in the small plastic sachet allegedly seized from the accused-appellant, the evidence does not show the identity of the person who made these markings and the time and place where these markings were made," the decision read.

The SC has ordered the immediate release of Abelarde unless he is detained due to some other lawful cause or causes.

Mylen P. Manto/KBQ