Lacking media witness, SC clears man of drug raps

The Supreme Court (SC) has acquitted a man of illegal drug charges, particularly planting and cultivating marijuana, after finding that police lacked a media representative during his arrest.

-  DAPHNE GALVEZ

In a 16-page ruling promulgated on Feb. 14, the SC’s First Division overturned the decisions of the Court of Appeals (CA) and regional trial court that found Ben Bation guilty of violating Section 16, Article 2 of Republic Act 9165 for planting and cultivating marijuana.

Based on court records, Bation was arrested in March 2010 after police caught him sprinkling fertilizer and watering plants – confirmed to be marijuana – near his house in Siquijor.

Bation denied the charge, saying that at the time of his arrest, he was gathering foliage for his farm animals and the pail of water he was carrying was for washing himself since he had to defecate outside their house as their toilet was broken.

He also claimed police officers took him to the area where the marijuana plants were found and forced him to water the plants.

He said the land where the marijuana plants were found was owned by a certain “Bayuyong.”