The Provincial Prosecution Office has dismissed the complaint against a worker of the Virac local government arrested in a buy-bust operation for lack of prima facie case and lack of reasonable certainty of conviction.
In his resolution issued June 26, 2024, Assistant Provincial Prosecutor Francisco Samonte Jr. ordered the release of Richard Taraya Valeza, who was accused of the illegal sale of dangerous drugs arising from the anti-drug operation conducted at Renz Inn, Cavinitan, on May 17, 2024.
Joint elements of the Virac police station, the Provincial Intelligence Unit and the Regional Police Drug Enforcement Unit had collared Valeza, 54, a resident of Francia, after allegedly selling a sachet of shabu to a poseur-buyer inside a room at the lodging establishment.
The poseur-buyer, PCpl. Roldan Aquino, told the Court that he knocked on the door of Room 5 and Valeza handed to him the white paper containing the sachet of shabu in exchange for the buy-bust money which was later found in possession of the respondent.
However, doubts were raised after Valeza submitted his counter affidavit, including CCTV footage from the inn’s cameras as well as body-worn cameras of the police operatives.
The respondent alleged that he was with two women in the room at the time and the footage showed four men walking to Room 5, with one of them knocking on the door.
Valeza said while he was standing near the restroom, one of the women opened the door and the four men entered, grabbed him and punched him.
The women were apparently allowed to go out of the room before the four men handcuffed him.
Another man in sleeveless shirt, who came to the inn earlier, returned and alerted the poseur-buyer that the mandatory witnesses and the other team members.
Valeza also denied having sold illegal drugs or received money from the undercover policeman and that there was no DOJ or media representative present during the marking of evidence while only the DOJ man was inside during the inventory.
In its resolution, Prosecutor Samonte said the police allegations were not corroborated by any of his teammates, with CCTV footage showing that PCpl. Aquino was not the only one who arrested Valeza as the video showed four men at the door of Room 5.
The names and participation of the three other men should have been mentioned in Aquino’s affidavit, the police blotter and in the spot report, the prosecutor stressed.
Likewise, the failure of the police to mention or investigate the two women who were present at the time of Valeza’s arrest also created another doubt as to the element of sale of dangerous drug, as they could have clarified if there was indeed an exchange of drugs and money at Room 5.
The prosecution also described as not believable Aquino’s claim of executing a pre-arranged signal after giving the buy-bust money, as it was not only absurd but impractical at the time, with the poseur-buyer and his companions already in front of the room.
“The rule of presumption of regularity in the performance of duty does not apply in this case,” Prosecutor Samonte stated, pointing out that the failure of mandatory witnesses to pay full attention during the marking of the evidence.
This negates the integrity of the seized item because at the time the witnesses were not paying attention, the possibility of switching, planting, or contamination of evidence may occur, the resolution said.