A Dumaguete City Regional Trial Court judge has sentenced a dismissed police officer in Negros Oriental to life imprisonment for selling shabu, and to another 14 years for possessing the banned substance.

RTC Branch 30 Judge Crescencio Tan Jr. found Roy Repollo Saycon guilty of violating Section 5 of Republic Act No. 9165, or the Comprehensive Dangerous Drugs Act of 2002, and for possessing four sachets of shabu after a buy-bust operation.

Tan also imposed a P800,000-fine on Saycon.

In his nine-page decision, Tan viewed Saycon's claim of frame-up or alibi with disfavor saying it can just as easily be concocted and is a common and standard defense ploy.

“The defense of frame-up or denial in drug cases requires strong and convincing evidence because of the presumption that the law enforcement agencies acted in the regular performance of their official duties,” the judge ruled.

“Bare denials cannot prevail over the positive testimonies of the poseur-buyer and the law enforcement operatives,” Tan pointed out.

Meanwhile, a suspected drug supplier was acquitted because of prosecution's failure to prove his guilt beyond reasonable doubt, Tan also ruled.

Tan acquitted Anthony Fua Yu, kin of prominent politicians in Siquijor.

The court said there were glaring discrepancies in the testimonies of prosecution witnesses.

The court said National Bureau of Investigation agent Miguel Dungog testified that he witnessed the accused throwing a brown envelope into the sea while disembarking from a fast craft from Siquiijor.

Another police officer, however, said it was a brown paper.

Tan said the contradictory statements impeached their testimonies.

The court also expressed doubt on the failure of the prosecution to present a vital witness, who was responsible for retrieving the brown envelope by jumping into the sea.

Such failure was undeniably fatal to the prosecution's case especially when defense lawyers challenged the presence of shabu, the judge said.

The court also doubted the legality of using another drug peddler identified as Gandailah Jane Molao in the arrest of Yu.

Molao intimidated her desire to cooperate with the police for the apprehension of drug dealers and their protectors who supplied illegal drugs to Dumaguete and Siquijor, in order to mitigate any punishment against her, the court was told.

Tan said the affidavit of Molao did not mention that she was assisted by counsel when she informed the NBI of her suppliers. Thus, Yu was acquitted based on reasonable doubt, he said.

“The defense of denial is inherently weak but conviction of the accused must rest not on the weakness of the defense but on the strength of the prosecution,” Tan pointed out.*JG

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