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RA 9165 Dec 5, 11

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1 RA 9165 Dec 5, 11 on Fri Jun 01, 2018 10:06 pm

spd14


Arresto Menor
Sept 2, 2016, My partner was cleaning the house with my then 17-year old son, who is a special child when the police barged through our backdoor and placed an armalite riffle on her face shouting "nasaan ang droga". Simultaneously, on the open terrace in front of the house, 5 of my partner's friends (4 boys and 1 girl) who were playing poker, were forced into the house at gunpoint. No search warrant was shown nor were they read their rights. The searched the house looking for drugs but got none. The Team Leader then shot the roof 3 times demanding where the drugs are and although everyone was scared, no drugs were presented (because there was none really). So the Team Lead asked all of them to eat chocolates, why? I have no idea but they said they were forced to eat at gunpoint. After that the Team Leader went out of the house and went to the patrol parked outside. When he came back he brought along a neighbor, who is notorious in using drugs and was caught in the act of using shabu an hour earlier. They placed him the middle of the group placed drug paraphernalia on top of our dining table, took iodized salt and placed it in small plastic sachets and took pictures. They made "said" he was caught in the house along with the others. After that, they then waited for someone from the barangay and the press just to sign the document and then they were brought to the barangay, then the hospital and the police station. They were tested in the crime lab for urine and all tested positive.

The case brought against my partner : Selling of illegal drugs, maintaining a drug den and possession of drug paraphernalia

The police's story: My partner and the girl (one of the poker players) are lovers renting the house selling shabu and using the house for shabu sessions. It was allegedly was a buy-bust operation where a police was posing as a buyer and when he was buying he saw people inside the house having a pot session.

Resolution: All cases were dismissed except for my partner and the girl. We applied for a motion to reinvestigate but to no avail. There was even a statement from the girl attesting to my partner's innocence and admitting that she is really a pusher but during the time of the raid she was just playing poker.

Right now, the case is still being heard in Malolos, Bulacan. I am scared that justice will not prevail. Our neighbor, who was caught in the act got a dismissal. My partner, who was just cleaning the house preparing for my arrival is still suffering in jail. I got a private atty and used all our savings on it but it got us nowhere. Now, with a PAO atty I am losing hope. The oral testimony of the police are contradicting their written statement and the lawyer does not even know because he did not even read the case.

Please help me. What am I supposed to do now? I am afraid that my partner will be convicted of a crime she did not commit

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2 Re: RA 9165 Dec 5, 11 on Mon Jun 04, 2018 7:15 pm

attyLLL


moderator
She is still detained? Either you hire a private lawyer or you continue with the one from PAO. Either she goes on with trial or consider a plea bargain if it will result with her release. Discuss it with your lawyer


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3 Re: RA 9165 Dec 5, 11 on Mon Jun 04, 2018 9:19 pm

spd14


Arresto Menor
Yes, she is still detained. She will have her second hearing this 20th of June. The arresting officer told her that he is taking the witness stand for them so that the case will be over. I really don't trust them and yes I am considering a plea bargain. I am also thinking of getting a private lawyer again since the PAO lawyer can`t give me the time of day because of the overload of cases he is handling.

Thank you for replying. I appreciate it very much

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