2 men walk on drug-related charges

THE Court of Appeals has acquitted two men convicted in December 2019 by the San Mateo, Rizal Regional Trial Court of illegal drug charges after finding that law enforcers had committed lapses and broken the chain of custody of the illegal drugs seized from the accused.

In a 22-page decision promulgated on September 9, the CA Seventh Division, through Associate Justice Emily San Gaspar-Gito, cleared Ronnie Boy Payongayong, alias “Alupihan,” and Alisood Gasanara of violating Sections 5 and 11 of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002.

The two were previously convicted and sentenced to life imprisonment by the RTC, which also imposed a P10 million fine on them.

Concurring with the ruling were Associate Justices Ramon Cruz and Tita Marilyn Payoyo-Villordon.

Payongayong and Gasanara were collared on September 12, 2018 by anti-drug policemen in a buy-bust operation in Rodriguez town. Seized from them were more than 20 grams of shabu.

The RTC sentenced them to life imprisonment and imposed fines totaling P10 million.

The two appealed to the CA, arguing that the RTC erred in convicting them and that the police officers failed to comply with the chain of custody of evidence as mandated under RA 9165.

They also said the testimony of the police officer who acted as the poseur buyer was “deficient in details” and that the police after-action report did not prove that there had been a sale transaction between them and the police officers.