Case Summary (G.R. No. 175864)
Facts of the Case
On January 4, 2007, Anisah Impal Sangca filed a petition for a writ of habeas corpus seeking the release of her daughter, Lovely Impal Adam, who was detained for allegedly violating Section 5, Article II of R.A. No. 9165. The Philippine Drug Enforcement Agency (PDEA) initiated a buy-bust operation on July 7, 2006, after receiving information about Adam's involvement in illegal drug trafficking in Cebu City. A team from PDEA planned and executed an entrapment operation, leading to Adam's arrest at a Pizza Hut in Fuente Osmeña.
Details of the Arrest
During the operation, an informant introduced Yap as a customer seeking illegal substances from Adam. Following a conversation, Adam retrieved a packet of shabu from her vehicle and handed it to Yap, who subsequently confirmed its identity and signaled the arrest team. Adam was arrested under the presumption of selling illegal drugs, and her vehicle and cell phone were confiscated. Despite being informed of her rights, Adam opted to remain silent during the proceedings.
Respondent's Defense
Adam contested the charges against her by asserting that she was not involved in drug trafficking but was instead a trader of clothing who was at Pizza Hut with her children at the time of her arrest. She described how she was misled and claimed that law enforcement officers, including Yap and Tuliao, did not explore the substance of her defense or consider her circumstances at the time of her alleged arrest.
Legal Proceedings and Findings
An inquest prosecutor initially recommended dismissing the charges against Adam, a motion later disapproved by the City Prosecutor. When the case was reviewed, Secretary Raul M. Gonzalez of the Department of Justice concluded that there was no probable cause due to the absence of evidence indicating that the officers had completed a financial transaction in the buy-bust operation. The prosecution had not established any crucial aspect of the alleged drug sale, particularly the delivery of the drug and the payment.
Court Order and Writ of Habeas Corpus
The presiding judge noted inconsistencies in the documentation from PDEA regarding the presence of buy-bust money, leading to confusion regarding the evidence provided in the court. As a result, the court ordered the information agains
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Case Overview
- Petitioner: Anisah Impal Sangca
- Respondents: The City Prosecutor of Cebu City and the Presiding Judge, Regional Trial Court, Branch 58, Cebu City
- G.R. No.: 175864
- Date of Decision: June 08, 2007
- Division: Third Division
- Legal Context: Petition for the issuance of a writ of habeas corpus regarding the detention of Lovely Impal Adam for alleged violation of the Dangerous Drugs Act of 2002 (R.A. No. 9165).
Facts of the Case
- On January 4, 2007, Anisah Impal Sangca filed a petition for habeas corpus for the release of Lovely Impal Adam, detained for drug-related charges.
- In early July 2006, the Philippine Drug Enforcement Agency (PDEA) received information regarding Adam's involvement in illegal drug trafficking in Cebu.
- An entrapment operation was planned by PDEA agents after confirming the information.
- On July 7, 2006, PDEA operatives executed the operation, leading to Adam's arrest when she allegedly sold shabu (Methamphetamine Hydrochloride) to an undercover agent.
- Adam was apprehended, and evidence including shabu, her cellphone, and her vehicle were seized.
- Following her arrest, Adam denied the charges, claiming she was simply socializing at Pizza Hut with her children and a friend when approached by PDEA agents.
Arrest and Charges
- The arresting officers claimed they received a shabu packet from Adam during the buy-b