Drug rap junked vs. thief arrested, searched twice
posted 28-Aug-2019  ·  
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A petty thief who was arrested twice by the police was cleared of a drug possession charge after the prosecution failed to prove its case beyond reasonable doubt.

Regional Trial Court (RTC) Branch 43 Presiding Judge Lelu P. Contreras acquitted Joseph Ian “Boknoy” Torrente, of the charge after noting that he was actually arrested and searched twice, with the small plastic sachet allegedly falling out of his short pants during the second search.

“This Court could not believe that, all throughout this ‘journey’ of Boknoy, which started at 5:00 o’clock in the afternoon at the Plaza Rizal and ended around 8:40 o’clock in the evening of the same day at the police station, which covered almost four (4) hours, the said aluminum foil remained tucked in the waistline of his short pants and it was only ‘detached’ when Boknoy lowered his short pants,” Judge Contreras stated.

A fixture at the old police station near the municipal building, Torrente was arrested by PO2 Richard Pereyra on Dec. 20, 2017 at 7:30 P.M. by after a complainant reported the supposed theft of her battery at Plaza Rizal earlier that morning.

However, the Court found out, he was earlier apprehended at 5 P.M. at Plaza Rizal for the battery theft and was already at the station when he was arrested for the second time.

It pointed out that PO2 Pereyra frisked Boknoy before he was brought to the Eastern Bicol Medical Center for medical examination and then again before he was about to be locked up at the detention cell.

During the trial, the defense counsel thrice filed a motion to enter into plea bargaining agreement, which would have metered a six- to ten-year prison term on Torrente, but the police opposed the motion.

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