Case Digest (G.R. No. 93239)
Facts:
On March 21, 1989, in Poblacion, Municipality of Kalibo, Province of Aklan, People of the Philippines charged Edison Sucro with violation of Section 4, Article II of the Dangerous Drugs Act for selling and possessing marijuana; police seized nineteen marijuana sticks and four tea bags, and one tea bag was sold to a buyer. The trial court convicted Sucro, sentenced him to life imprisonment, imposed a fine of P20,000, ordered forfeiture of the seized items, and he appealed alleging an unlawful warrantless arrest and illegal admission of the seized exhibits in violation of Section 2, Article III of the 1987 Constitution.Issues:
- Was the warrantless arrest of Edison Sucro and the seizure of Exhibits "E"–"E-4" lawful?
- Did the evidence sustain a conviction for sale of prohibited drugs under Section 4, Article II of the Dangerous Drugs Act?
Ruling:
The Court AFFIRMED the conviction and sentence. It held the warrantless arrest and seizure la Case Digest (G.R. No. 93239)
Facts:
- Parties and charge
- People of the Philippines was the plaintiff-appellee.
- Edison Sucro was the accused-appellant.
- Sucro was charged with violation of Section 4, Article II of the Dangerous Drugs Act for selling prohibited drugs on or about March 21, 1989, in Poblacion, Municipality of Kalibo, Province of Aklan.
- Events leading to arrest and surveillance
- Pat. Roy Fulgencio of the INP, Kalibo was instructed by P/Lt. Vicente Seraspi, Jr., Station Commander, to monitor Sucro due to information that Sucro was selling marijuana.
- On March 21, 1989, at about 5:00 P.M., Fulgencio positioned himself under the house of Arlie Regalado on C. Quimpo Street, about two meters from a chapel.
- Fulgencio observed Sucro enter the chapel, retrieve items from a cart compartment inside the chapel, return to the street, and hand items to buyers on at least three occasions while Fulgencio relayed developments to P/Lt. Seraspi.
- Interception, seizure, and arrest
- At about 6:30 P.M., Fulgencio reported that a third buyer, later identified as Ronnie Macabante, was transacting with Sucro.
- The police team intercepted Macabante at the crossing of Mabini and Maagma Streets in front of Aklan Medical Center; Macabante threw to the ground a tea bag of marijuana and admitted buying it from Sucro.
- The police overtook and arrested Sucro at the corner of C. Quimpo and Veterans Streets.
- The police recovered 19 marijuana cigarette sticks and four tea bags from the cart inside the chapel, and another tea bag from Macabante.
- Laboratory examination and exhibits
- The seized items were marked as Exhibits "E" to "E-4" (tea bags) and Exhibits "G" to "G-18" (specimens).
- The items were sent to the PC-INP Crime Laboratory Service at Camp Delgado, Iloilo City for analysis.
- The forensic chemist found the specimens positive for marijuana.
- Trial court proceedings and judgment
- Upon arraignment, Sucro pleaded "not guilty."
- The trial court found Sucro guilty of the sale of a prohibited drug under Section 4, Article II of the Dangerous Drugs Act, and sentenced him to suffer l...(Subscriber-Only)
Issues:
- Legality of arrest and admissibility of seized evidence
- Whether the warrantless arrest of Edison Sucro complied with Section 5, Rule 113 of the Rules on Criminal Procedure and related jurisprudence so that the seized marijuana (Exhibits "E"–"E-4" and "G"–"G-18") was admissible.
- Sufficiency of evidence to sustain conviction for sale
- Whether the prosecution established beyond reasona...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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