A Speedy Trial - Philippine Style
Visayan Daily Star
August 6, 2015
A Bacolod judge yesterday acquitted a 42-year-old Bacoleño of charges for the sale and possession of illegal drugs, and possession of drug paraphernalia, and ordered his immediate release from jail after close to 11 years in detention.
Bacolod Regional Trial Court Branch 52 Judge Raymond Joseph Javier found Erwin Fortaleza Navarro, alias “Totong Tamawo”, not guilty of the three charges in violation of the Comprehensive Dangerous Drugs Act of 2002, and ordered the warden of the Metro Bacolod City Jail in Barangay Singcang, Bacolod, to immediately release him.
Members of the Bacolod police City Anti-Illegal Drugs Special Operations Task Group told the court Navarro was arrested for allegedly selling a sachet of shabu for P100 to police poseur-buyer, PO2 Charlie Sebastian, in Purok Cereza South, Barangay 3, Bacolod City, on Aug. 27, 2004.
They then filed charges against him for the sale of shabu, and illegal possession of drugs and drug paraphernalia.
Navarro, on arraignment on Nov. 3, 2004, pleaded not guilty to the charges against him.
He said Aug. 27, 2004 was a memorable day for him since it was the birthday of his wife. At about 5:45 a.m. to 6 a.m. that day, while he was sleeping inside his house, policemen came barging in to search his house and one of them placed shabu on a table.
The judge said after careful evaluation of the evidence on record, the court finds in favor of the accused.
The judge cited conflicting testimonies and documentary proof presented by the police.
Navarro, who wept after the verdict, said it was an ordeal for him to be detained for 11 years and he is thankful to God that he was finally being freed.*CPG
Bacolod Regional Trial Court Branch 52 Judge Raymond Joseph Javier found Erwin Fortaleza Navarro, alias “Totong Tamawo”, not guilty of the three charges in violation of the Comprehensive Dangerous Drugs Act of 2002, and ordered the warden of the Metro Bacolod City Jail in Barangay Singcang, Bacolod, to immediately release him.
Members of the Bacolod police City Anti-Illegal Drugs Special Operations Task Group told the court Navarro was arrested for allegedly selling a sachet of shabu for P100 to police poseur-buyer, PO2 Charlie Sebastian, in Purok Cereza South, Barangay 3, Bacolod City, on Aug. 27, 2004.
They then filed charges against him for the sale of shabu, and illegal possession of drugs and drug paraphernalia.
Navarro, on arraignment on Nov. 3, 2004, pleaded not guilty to the charges against him.
He said Aug. 27, 2004 was a memorable day for him since it was the birthday of his wife. At about 5:45 a.m. to 6 a.m. that day, while he was sleeping inside his house, policemen came barging in to search his house and one of them placed shabu on a table.
The judge said after careful evaluation of the evidence on record, the court finds in favor of the accused.
The judge cited conflicting testimonies and documentary proof presented by the police.
Navarro, who wept after the verdict, said it was an ordeal for him to be detained for 11 years and he is thankful to God that he was finally being freed.*CPG
1 comment:
This amount of time for a court case to reach a final verdict is typical in the Philippines. There are some individuals that are detained behind bars for years without even having their first court appearance for their arraignment hearing.
The court system is supposedly modeled after the U.S. court system. But, they use the old Spanish court system more. There is no jury - only the judge. The rules of the court exist, but are not adhered to. Each judge does as they want in their court room.
Welcome to the alleged paradise they call the Philippines.
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