G.R. No. 228373 - People vs. Sullano

On October 16, 2012, the Butuan City Police Director ordered fifty (50) police officers, including PO1 Johnny K. Sullano (respondent), to undergo a random drug test under Section 36, Article III of R.A. No. 9165.
Respondent’s urine sample, received October 17, 2012, tested positive for methamphetamine in both the initial screening and the confirmatory test completed November 5, 2012.

A Complaint‐Affidavit was filed charging respondent with violation of Section 15, Article II of R.A. No. 9165. Respondent pleaded not guilty and, after the prosecution rested, filed a demurrer to evidence for failure to prove arrest or apprehension.
The RTC (Branch 4, Butuan City) granted the demurrer and dismissed the case (Order, March 7, 2014; Resolution denying reconsideration, April 8, 2014).
The Court of Appeals denied the People’s petition for certiorari (Decision, June 10, 2016; Resolution, November 17, 2016), affirming the RTC’s dismissal for lack of probable cause under Section 15.
The People filed this petition for review on certiorari raising one main issue before the Supreme Court.

Whether Section 15, Article II of R.A. No. 9165 criminalizing “use of dangerous drugs” applies only to persons apprehended or arrested.
Whether the RTC and CA gravely abused their discretion in granting the demurrer to evidence and dismissing the case.
Whether respondent’s dismissal and acquittal were final, thus triggering double jeopardy concerns.