The Court of Appeals. FILE PHOTO
The Court of Appeals (CA) on Monday upheld the decision issued by the Regional Trial Court of Bauang, La Union which found a former Dagupan City police chief and another police officer guilty of acting as protectors of a shabu laboratory but reduced the penalty from life to only up to 20 years imprisonment.
In a 45-page decision, the appeals court 15th Division through Associate Justice Jhoseph Lopez ruled that Police Superintendent Dionicio Borromeo and Police Officer 3 Joey Abang are guilty of violating Section 8, Article II of Republic Act 9165 or the Comprehensive Dangerous Drugs Act Law.
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The Bauang, La Union Regional Trial Court imposed a life imprisonment against the two but the appeals court modified the penalty to 12 years and 1 day to 20 years and ordered to pay a fine of P500,000.
The appeals court explained that the police officers were charged and arraigned under the Amended Information for acting as protector/coddler under Section 8, Article II of Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002 and that the corresponding penalty under the law should be imposed on them.
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The appeals court, in affirming the lower courts ruling, gave credence to the testimony of prosecution witness Dante Tomas Palaganas, one of the caretakers of the shabu laboratory.
Palaganas testified that it was Borromeo who ordered him to scout for a lot where he could set up a piggery.
However, Palaganas said he found out that the lot was used for a shabu laboratory and he was forced by Borromeo to monitor the illegal operation.
“Although Palaganas testified in court that unidentified 4 Chinese nationals were the ones who cooked shabu on four separate occasions, he also testified that accused-appellant P/Supt Borromeo used his influence, power and position to preserve the clandestine nature of the conduct of manufacturing of shabu,” the decision stated.
On the other hand, the CA said Abang’s guilt as as protector or coddler of the unidentified Chinese nationals was also established by the prosecution.
The appellate court also upheld the decision of the trial court allowing the prosecution to utilize Palaganas as its state witness being not the most guilty among the accused.
“The records of this case disclose that Palaganas is not the most guilty among the accused. His role in the conspiracy was a mere caretaker of the clandestine shabu laboratory,” it explained.
Concurring in the ruling were CA Justices Ramon Garcia and Leoncia Dimagiba. RAM/rga