| A carpenter was sentenced to be jailed for life by a Regional Trial Court judge yesterday for selling shabu in Bacolod City.
Melchor Rubin was found guilty beyond reasonable doubt of violating Section 5 of Republic Act 9165, or the Comprehensive Dangerous Drugs Act of 2002, and was sentenced to life imprisonment RTC Branch 53 Judge Pepito Gellada.
Gellada also ordered Rubin to pay a P500,000 fine for the 4.43 grams of shabu he had sold to police officers during a buy-bust operation in Purok Sigay, Brgy. 2, Bacolod in May 2003.
“I can’t do anything about it. I’ll be imprisoned…but (Clarence) Dongail is also in prison,” Rubin said in a television interview after the promulgation.
Dongail and PO2 Ruel Villacanas, one of the other officers involved in the operation that led to the arrest of Rubin, have been tagged in the killing of Eleuterio Salabas, Maximo Lomoljo, and Ricardo Suganob in August 2003.
Dongail is now detained at the Guihulngan District Jail in Negros Oriental.
Rubin’s mother, Maria, wept after the decision was read and insisted that he did not sell the prohibited drug.
Rubin, a carpenter who used to work for the Bacolod City Engineer’s Office, was arrested by Police Station 2 members led by then Inspector Dongail in a buy-bust operation where shabu and two P100 bills were recovered from him, court records showed.
Rubin, however, maintained, that the shabu and the money were planted by the officers.
He added that he was manhandled by the cops in the police station and that they repeatedly rejected his requests for a medical check-up to try to prove that he was mauled.
Gellada, however, noted that Rubin failed to file a complaint against the officers who allegedly mauled him even when he had already had a lawyer.
Rubin also did not present evidence that the cops deviated from the regular performance of their duty at the time of his arrest, Gellada said.
“The accused must adduce clear and convincing evidence to overcome the presumption that government officials have performed their duties in a regular and proper manner,” Gellada added.
Gellada also ordered the shabu destroyed in accordance with the law.*PP
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