Supreme Court acquits two convicts in 119-kilo shabu case in 2003 over prosecution failures

In an en banc decision rendered on February 21 but uploaded on the SC’s website on June 30, the Supreme Court reversed the decision of the Court of Appeals and acquitted Robert Uy, and James Go Ong alias Willie Gan.

The SC noted that Gan did not make an appeal of his conviction because the lower penalty imposed was advantageous to him, and the prosecution did not even question the insufficient penalty imposed against Gan. In its order dated January 2011, the Valenzuela City Regional Trial Court, Branch 171, however, dismissed the drug charges against Jackie Ong, Tan Ty Siao, and Go Siak Ping on the basis of a demurrer to evidence. It held that there is no proof that the three accused participated in the bribe made by Co Ching Ki to a police.

In its 35-page decision, the SC overturned the Court of Appeals ruling, saying the prosecution failed to prove the element of possessions.“After review of the records, accused-appellant must be acquitted of both charges on the basis of reasonable doubt. The seizure of a significant or large amount of dangerous drugs does not detract from the obligatory nature of proving the , operationalized through strict compliance with the requirement of Section 21 of RA No. 9165,” the SC ruled.

The SC added that there was no evidence that Uy had constructive possession over the warehouse and its contents.“The purported knowledge ascribed to accused-appellant by the CA cannot, and does not, equate to constructive possession,” the SC said. The Court noted that another officer apart from the seizing officer marked the carton box and five plastic bags which contained the drugs. It said that there was also no inventory receipt provided.

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