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THE Court of Appeals (CA) on Monday acquitted seven
Chinese of drug charges in the “Mega-Shabu Laboratory” in the
municipality of San Juan.
In a 51-page decision of the CA
10th Division penned by Associate Justice Jose Sabio, it reversed
the findings of the Pasig Regional Trial Court, which convicted the
accused and sentenced them to life imprisonment for violating
Republic Act 6425, or Dangerous Drugs Act.
The accused who were acquitted
are Cai Xihe, alias Chua Sak Hap; Tian Sang; Cai Dushi, alias Chua
Tok Sit; Yan Qiz Hong, alias Sing Hong; Lao Chi Diak, alias Chi Jak;
King Cheng; and Lim Chamou, alias Cha BO.
The appellate court has more
weight to the constitutional rights of the accused and found that
there was a violation due to unreasonable search and seizures under
Sections 2 and 3, Article III of the 1987 Constitution.
Based on the records, on January
18, 2002, the PNP, headed by Police Insp. Orlando Carlos, chief of
the investigation section of antitrafficking division, raided the
house of the accused on the basis of a search warrant.
Confiscated in the raid were
chemicals used for manufacturing shabu and 812 grams of shabu.
However, the Chinese nationals
pointed out that the search was not witnessed by the accused or any
person in authority mandated by the Rules of Court, which the police
admitted.
The court stressed that under
Section 8 Rule 126 of the Rules of Court, any search must be
witnessed by two persons: either the owner of the house, his
neighbor or a barangay official.
--Jomar Canlas
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