Case Digest (G.R. No. 217097)
Facts:
Rolando Uy y Sayan alias "Nonoy" v. People of the Philippines, G.R. No. 217097, February 23, 2022, the Supreme Court Second Division, Hernando, J., writing for the Court. Petitioner Rolando Uy y Sayan alias "Nonoy" (petitioner) sought review of the Court of Appeals’ August 8, 2014 Decision and February 9, 2015 Resolution in CA-G.R. CR No. 00911-MIN, which affirmed with modification the Regional Trial Court’s November 17, 2010 conviction for illegal possession of dangerous drugs under Section 11, Article II of RA 9165.An Information dated May 28, 2004 charged petitioner with possession of 248 grams of marijuana flowering tops confiscated on April 6, 2004 at Sitio Pasok, Barangay Mabuhay, San Fernando, Bukidnon; the Information alleged aggravation because petitioner tested positive for marijuana use. The prosecution’s version was that a PNP mobile checkpoint enforcing the COMELEC gun ban flagged down petitioner at about 5:45 p.m.; officers asked for the motorcycle’s OR/CR, which petitioner could not produce, and then inspected the motorcycle. The police allegedly discovered cellophane-wrapped bundles of marijuana in the tools compartment and under the driver’s seat; the specimens were marked, submitted to the PNP Crime Laboratory, tested positive for marijuana, and petitioner’s urine allegedly tested positive as well.
Petitioner’s defense, presented through his own testimony, denied the prosecution’s account. He said he was changing a flat tire when armed men in civilian clothing arrived, searched his bag (finding nothing), then asked for his documents which he left at home; he was taken to the police station, photographed with his motorcycle, beaten with a rifle butt and coerced for answers, and was later extorted for P10,000; the police removed from the tools compartment something wrapped in plastic and later brought him to Cagayan de Oro for drug testing.
The RTC (Branch 8, Malaybalay City) convicted petitioner of illegal possession of dangerous drugs, finding the arrest lawful and the searches incidental to arrest; it emphasized the presumption of regularity in police testimony and placed on the accused the burden to prove lawful possession. The RTC sentenced petitioner to life imprisonment and imposed a fine; it ordered the seized 248 grams of marijuana turned over to PDEA for destruction. Petitioner appealed to the Court of Appeals.
The Court of Appeals affirmed but modified the penalty. It held petitioner had waived the right to challenge the legality of his arrest by not objecting prior to arraignment and by submitting to trial; and, noting this Court’s decision in ...(Pro-only)
Issues:
- Did the Court of Appeals err in finding petitioner guilty beyond reasonable doubt of Illegal Possession of Dangerous Drugs under Section 11, Article II of RA...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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