Joavan’s pals cleared of drug raps
Two cohorts of Joavan Fernandez were cleared of drug charges filed against them by the Cebu City Police Office (CPPO) two years ago.
Regional Trial Court Judge Macaundas Hadjirasul of Branch 8 found several lapses commited by the police in arresting Benedict Gabasa and Terence Bayani and confiscating several alleged illegal items.
“They (police) have no legal authority to search the two accused and even impound the Toyota Revo. The subject evidence were illegally seized and therefore inadmissible as evidence (in court),” the judge said in his decision.
Both Gabasa and Bayani were on board a government-owned Toyota Revo which followed the vehicle driven by Joavan, adopted son of Talisay City Mayor Socrates Fernandez.
Joavan was on board a +Honda Civic car which he allegedly rammed into a police vehicle.
He escaped from the policemen who tried to serve an arrest warrant against him in relation to another case.
Gabasa and Bayani were arrested by the policemen while Joavan escaped.
Gabasa was charged with possession of illegal drug paraphernalia.
Charges of illegal drug possession were filed against Bayani for keeping a disposable syringe containing nubain.
The two accused didn’t present any evidence in court but they still received a favorable court ruling.
Judge Hadjirasul said witnesses for the prosecution testified that none of the accused were committing any crime when they were frisked for possible possession of firearms.
He said the policemen didn’t have any legal authority to conduct a search on the two accused, arrest them and taking into custody the Toyota Revo driven by Gabasa.
But even if the arrest and the seizure of the Toyota Revo were valid, the judge said there is still no evidence that the syringe containing the nubain recovered from Bayani was the same sample submitted to the police.
“This is because the same was not marked, packed, sealed, inventoried and photographed after the seizure…,” Hadjirasul said.
Section 21 of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002 states that “the apprehending team should immediately submit for inventory the confiscated items” in front of the accused’s lawyer, an elected official and representatives from media and the Department of Justice./Reporter Ador Vincent Mayol
