Benguet court acquits 5 in marijuana case

>> Sunday, May 31, 2009

By Dexter A. See

LA TRINIDAD, Benguet — Branch 63 of the Regional Trial Court here dismissed charges of violation of the Comprehensive Dangerous Drugs Law of 2002 filed against five natives of Kapangan town for failure of the prosecution to prove their guilt beyond reasonable doubt.

In a recent decision, RTC Branch 63 Judge Benigno Galacgac acquitted Dionisio Pacateo, Teofilo Paclos, Loreto Gorio, Elmer Paclos and Salve Paclos who were charged for illegal possession and transport of a huge volume of marijuana.

The court ruled the possibility is not to be discounted that the accused were guilty of the crime charged but pieces of evidence presented showed there was “instigation but no entrapment actually happened.”

Court records showed the five residents of Kapangan, one of the known sources of marijuana in this vegetable producing province, were charged by elements of the Philippine Drug Enforcement Agency in the Cordillera of possessing and transporting 268 kilos of dried marijuana leaves on Feb. 18.

At the same time, Elmer and Salve Paclos were also accused of selling 32 kilos of dried marijuana leaves to SPO4 Marquez Madlon of the PDEA-CAR on Feb. 17, a day before the huge volume of marijuana was intercepted in a follow up operation.

However, the court said it was not convinced by the testimony of the law enforcer, adding that the prosecution failed to present sufficient to support its claim that their series of operations constituted entrapment.

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