MANILA, Philippines — A Manila court has dismissed the drug charges filed against a former policeman, his wife and nephew after it failed to find enough evidence to prove that investigators and arresting officers committed no serious anomaly or irregularity while searching the crime scene.
In a 42-page decision released only recently, presiding Judge Daniel Villanueva of the Manila Regional Trial Court Branch 49 acquitted Cpl. Jolly Aliangan, wife Ronalie and nephew Jeffrey Gutierrez, saying that National Bureau of Investigation (NBI) agents did not comply with Section 21 of Republic Act No. 9165.
Earlier, the accused, along with media representatives, a barangay chair and a Department of Justice prosecutor, belied statements from NBI operatives that witnesses were present during the raid.
“As such, and taking into consideration other factual circumstances, as summarized and discussed, the court can never be certain that the alleged drug contraband and paraphernalia were indeed found in the actual and/or constructive possession of the three accused,” Villanueva said.