SC reverses conviction of man accused of selling marijuana

The Supreme Court has reversed the conviction of a man previously sentenced to life imprisonment for allegedly selling marijuana worth P100 to policemen acting as buyers in 2006.

Continuing a trend of acquittals, the Court's First Division ordered Rogelio Yagao released from the Davao Prison and Penal Farm after finding the man was arrested before he could hand 7.40 grams of dried marijuana fruiting tops to the poseur-buyers.

Studying the testimonies of the police officers, the Court found they arrested Yagao "just as soon as he had pulled out the marijuana from his pocket" -- thus eliminating the "delivery" factor, one of the elements that would constitute an illegal drug sale.

"Under such circumstances, there was no sale because the delivery of the dangerous drug to the poseur buyer had not yet transpired," the Court said in a Feb. 18 decision publicized Friday.

The SC reversed a 2014 Court of Appeals decision that upheld Yagao's conviction by the Cagayan De Oro Regional Trial Court in 2011.

The First Division also noticed inconsistencies in the police officers' testimonies in connection with the marking of the seized drug, the lack of witnesses to testify on the marking, and the lack of an inventory or pictures of the arrest, seizure, and aftermath of the operation.

"That the arresting officers made no attempt to justify their deviation from the procedures and safeguards set by Section 21 of RA No. 9165 was indicative of the absence of any justification," the Court said in a ruling penned by Chief Justice Lucas Bersamin.

"In fine, the State did not establish the guilt of the accused-appellant for the crime with which he was charged. He is, therefore, entitled to acquittal on the ground of reasonable doubt of his guilt," it added.

Concurring in the decision were Associate Justices Mariano del Castillo, Francis Jardeleza, Alexander Gesmundo, and Rosmari Carandang.

The SC has acquitted a number of drug convicts on the basis of their arresting officers' non-observance of the rules provided by the Comprehensive Dangerous Drugs Act on maintaining the integrity of drugs seized and used as evidence. —KBK, GMA News