TWO illegal drug peddlers were sentenced to life imprisonment by Benguet Provincial Prosecutor’s Office for selling and delivering 920.1 grams of dried marijuana brick to a poseur buyer.
In a decision by the Regional Trail Court Branch 62 of La Trinidad, Benguet date May 10, Enero Segundo and Oliver Tay-ew were found guilty for violating Section 5, Article II of Republic Act 9165.
Tay-ew was arrested on August 16, 2011 by the members of the Regional Anti-Illegal Drugs Special Operations Task Group (RAIDSOTG) while Segundo escaped during drug bust.
On August 11, 2014, Segundo voluntarily surrendered to the Criminal Investigation and Detection Group-Cordillera office.
Senior Police Office (SPO) 1 Karl Juan Tabernero, in his testimony said the informant called Segundo to notify he found a buyer for the one kilo of marijuana and agreed to pay P3,000. The transaction was to be made along the road going to La Trinidad Vegetable Trading Post.
The operatives together with the suspects made the transaction, after which the arrest happened.
Both accused denied the crime and pleaded they were victims of frame-up. The two accused presented a different version of what transpired on August 16 but their story had major discrepancies, which made their version not credible.
Segundo, in his affidavit said on August 16, he, together with Tay-ew and a certain Artemio Damuco, were drinking liquor at a local bar when he received a text message from Tabernero, who introduced himself as “Steve” ordering marijuana.
The suspect added since he has nothing to do with marijuana, ignored the text message. However, with Steve’s persistence, the trio agreed to the request and meet up at a drug store after which the arrest happened.
Tay-ew, in his affidavit, claimed it was him and Damuco drinking when, at about 12 midnight, Segundo went to their table and requested the former to fetch his friend who just came from Manila.
Tay-ew added Segundo gave him his cell phone to contact his friend if he is not at their meeting place and upon arriving at the drug store, he was immediately arrested.
The lower court said the prosecution proved the suspects guilty through the corresponding evidence, particularly the brick of marijuana allegedly sold and delivered by the two accused and the boodle money used as marked money.
Presiding Judge Danilo Camacho added the court sifted closely the testimonies of the prosecution witnesses and did not find signs of prevarication, much less fabrication.
The court also found the denial of the accused of charge against them, and their claim they were a victim of frame up by the police not credible.
The claim that Tay-ew went alone in front of the Rainbow Valley Drug Store at 12 midnight in order to meet someone whom he never met before and does not even know really tax one’s credulity.
Both accused also tried to point out to the discrepancies in the testimonies of SPO1 Taberno and SPO2 Geofrey Picpican, who both testified they were not involved with the month long surveillance of Segundo prior to the entrapment.
The court, however, said honest witnesses often commit errors in details in their testimonies, as only rehearsed testimonies coming from coached witnesses dovetail perfectly dovetail with each other as cited in the Supreme Court ruling “People v. Tinorin” promulgated on May 16, 2000.
The accused were also asked to pay a fine of P2 million each. (Roderick Osis/With Louie Anne Mapa, UC Intern/VoxPop Baguio)