Professional Documents
Culture Documents
PEOPLE
FACTS:
Petitioner was charged with Sec. 15, article II of RA 9165. He was a Police Officer
Version of Prosec:
o A complaint was filed against Jaime dela Cruz for extorting money for the release of an
alleged drug dealer.
o NBI immediately formed a team for entrapment of Jaime dela Cruz and it was successful.
o Petitioner was nabbed and was required to submit his urine for drug testing. It later
yielded a positive result for presence of Dangerous Drugs.
Version of the Defense:
o Petitioner testified that he was just eating in Jolibee when he was arrested for extortion.
He was late on required to extract urine for drug examination which he refused to and
requested that the drug test be done by PNP. He aslo asked for a lawyer but was denied.
RTC: found petitioner guilty beyond reasonable doubt.
Petitioner appealed the decision arguing that he was not assisted by a counsel in the exmination of
his urine.
CA: affirmed RTC
Hehe
ISSUE: WON the drug test conducted upon the petitioner is legal.
HELD: NO, it is not legal.
RATIO: