Case Summary (G.R. No. 210612)
Criminal Charges and Sentence
Milado was charged with the transportation of approximately 5.25 kilograms of marijuana on March 10, 1999. The Regional Trial Court of Bontoc convicted him and sentenced him to reclusion perpetua along with a fine of P500,000.
Background of Events
On the morning of March 10, 1999, police officers received information about a man transporting marijuana. The officers set up a checkpoint and subsequently identified Milado based on descriptions provided by an informant. After flagging down a jeepney, they determined that Milado matched the informant's description and was carrying a black bag.
Evidence Retrieval
Upon bringing Milado to the police station, the officers requested him to open the black bag in his possession. Inside, they discovered what appeared to be six bricks of marijuana. Laboratory analysis confirmed the content as marijuana, totaling 5,209.2 grams.
Appellant's Defense
Milado admitted to being on the jeepney but denied knowledge of the black bag and its contents, claiming it did not belong to him. He stated he only had a shoulder bag with personal items. His main defense was that the search of the black bag violated his rights against illegal search and seizure.
Legal Basis for Search and Seizure
The court examined the legality of the search, emphasizing that while warrants are generally required for searches, exceptions exist, including searches incident to lawful arrests and searches of moving vehicles. The court concluded that the officers were justified in searching the bag, as it was a search incidental to a lawful arrest.
Nature of Arrest
An arrest, as defined under the Rules of Court, does not require formal constraints if there is a clear intention by law enforcement to arrest and an equivalent understanding by the individual. The court determined that Milado was effectively in custody when instructed to go to the police station, justifying the subsequent search.
Evaluation of Testimonies
The court found the testimonies of the arresting officers credible and persuasive, ruling that Milado's mere denials could not overcome the positive identifications and evidence of his actions while transporting illegal drugs.
Prior Offe
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Case Overview
- This case is an appeal from the Regional Trial Court of Bontoc, Mountain Province, regarding Criminal Case No. 1278.
- The appellant, Rogelio Pijo Milado, was convicted for violating Section 4, Article III of Republic Act 6425, as amended by Republic Act 7659, known as the Dangerous Drugs Act of 1972.
- The trial court sentenced the appellant to reclusion perpetua and imposed a fine of P500,000.
Factual Background
- The information against Milado states that on March 10, 1999, in Poblacion, Bontoc, he unlawfully transported 5.25 kilos of marijuana in a black traveling bag.
- The marijuana was described as being in brick form, wrapped in newspapers.
- Milado was apprehended by police officers who had received a tip about a man transporting marijuana from Talubin to Poblacion.
Arrest and Evidence Collection
- Police Officers Dominic Faclangen and Glen Apangchan established a checkpoint after receiving information from an asset about the transportation of marijuana.
- They flagged down several vehicles and eventually stopped a jeepney containing Milado, who matched the asset's description