Section 5 of RA 9165

Hi! My husband is presently detained for violation against Section 5 of RA 9165. It was allegedly a buy bust operation, but there was really no 'buying and selling' that really happened. There was no exchange of the 'object' and money, but they made it appear there was. The case was made to appear strong by the arresting officers, but the affidavit and the testimonies of the main witness (that would be the Poseur Buyer)bear discrepancies. In addition, the testimonies of the team leader (who was supposedly the one giving instructions to the team members) also had a different version of the story. These are all evident on the affidavit, the direct examinations and the cross examinations of the witnesses. We initially filed a motion to post bail even if we know that it's non-bailable, only for the purpose of having a marathon hearing, at first. But as the case goes, we noticed a lot of inconsistencies, and lots of lies that became so distinct on the testimonies. As expected (but hoping that our motion will be granted because of the distinct inconsistencies and fabricated lies of the witnesses which made them very unreliable and not credible), the motion was DENIED. Our lawyer is presently filing a Motion for Reconsideration. Do you think it will be granted this time? How much is the percentage? And what will be our next move if just in case it will be denied again? We will be having a hearing again this Monday, the 26th. It's going to be a cross examination of the head officer of the arresting agency. He will be their last witness. What are the chances of my husband being acquitted or convicted? By the way, according to my husband, the CCTV cam of the hotel where my husband was arrested says it all - that the Poseur Buyer who said he met my husband that time for the alleged transaction wasn't really there, except for another person (whom they said to be the confidential informant) who was a friend of the one who rented our car. Would it be a positive point on our part if we subpoena the hotel? But the hotel owner said he didn't want any involvement and had told me months ago that the video was already deleted. Is it really true? 'Coz I've talked to a lot of people who is in the hotel industry and they told me that as per policy, records of CCTV cams should stay at least for a year. What should we do best? Also, the security guard on duty that time remembered clearly who was with my husband since he personally knew my husband. He said there were only 2 people (my husband and another man), not 3 (the poseur buyer, the confidential informant and my husband), contrary to what the police said. Would it be wise to subpoena him also? Should it be addressed to the agency where the security guard is connected with? At this point of the case, we won't be needing them, but I know we will be eventually. Also, the police still has the custody of our Fortuner. Do you think it's okay now if we file a motion for its release? Please help.. Your advice is greatly, greatly appreciated. Thank you!

your lawyer is in the best position to answer your questions because he knows the case more

If you have all the evidence against the operatives specially disproving the buy bust via CCTV, i would advise you to continue with the case, any motion at this stage will only prolong the case. concentrate on the defense and on how to expedite the hearings, side motions in my experience will only do more time than going through and present your strong evidence.

i was discussing this in my blog, and in my stint as a drugs court lawyer i know 95% of the time the operatives do not conduct buy bust operations the buybust is on paper so to speak.

pinoycyberlawyer.blogspot.com/

Go to napolcom.com
Or ombudsman.com.ph to complaint them