Scribd Logo
Upload

Welcome to Scribd!

  • G.R. No. 244045

    Uploaded by

    mailah awing
    72 views35 pages
    Case

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    Case

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    72 views35 pages

    G.R. No. 244045

    Uploaded by

    mailah awing
    Case

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 35
    Republic ofthe Philippines — arse cry ne nays a ie = I) EN BANC PEOPLE OF THE PHILIPPINES, G.R.No. 244045 ] Plaintiff-Appellee, Present PERALTA, CJ. PERLAS-BERNABE, | LEONEN, | CAGUIOA, | GESMUNDO, J.REYES.IR., + versus ~ HERNANDO, CARANDANG, LAZAROJAVIER, INTING, | ZALAMEDA, | LOPEZ, | DELOS SANTOS, and | GAERLAN, JU | JERRY SAPLA_ y GUERRERO ‘ka. ERIC SALIBAD y MALLARI, Promulgated: ‘Accused-Appellant June 16, 2020 DECISION CAGUIOA, | Can the police conduct a warrantless intrusive search of a vehicle on the sole basis of an unverified tip relayed by an anonymous informant? On. | this question, jurisprudence has vacllated over the years. The Court definitively seties the issue once and forall. In threshing out this issue, it must be remembered that in eriminal prosecutions, inciuding prosecutions for violations of the law on dangerous | rugs, our constitutional order does not adopt a stance of neutrality — the law Is heavily in favor ofthe accused. By constitutional design, the accused Decien 2 (GR. No. 284045 is afforded the presumption of innacence! — itis for the State to prove the guilt ofthe accused. Without the State discharging this burden, the Court is given no alternative but to acquit the accused, Moreover, ifthe process of gathering evidence against the accused is tainted by a violation of the accused's right against unreasonable searches land seizures, which is a most cherished and protected right under the Bill of Rights, the evidence procured must be excluded, inevitably leading to the accused's acquit ‘Therefore, while the Court recognizes the necessity of adopting a decisive stance against the scourge of illegal drugs, the eradication of ilegal drugs in our society cannot be achieved by subverting the people's ‘constitutional right against unreasonable searches and seizures. In simple terms, the Constituion does not allow the end to justify the means Otherwise, in eradicating one societal disease, a deadlier and more sinister ‘one is cultivated — the trampling of the people's fundamental, inalienable rights, The State's steadfasiness in eliminating the drug menace must be ‘equally matched by its determination to uphold and defend the Constitation ‘This Court will not sit idly by and allow the Constitution to be added to the ‘mounting body count in the State's war on illegal drugs. [Before the Court is an appeal* filed by the accused-appellant Jerry Sapla y Guerrero aka. Erie Salibad y Mallari (accused-appellant Sap), assailing the Decision? dated April 24, 2018 (assailed Decision) ofthe Court ‘of Appeals (CA)! in CA-GR. CR HC No, 09296, which affirmed the Judgment® dated January 9, 2017 of the Regional Trial Court (RTC) of ‘Tabuk City, Branch 25 in Criminal Case No. 11-2014-C entitled People of the Philippines v. Jerry Sapla y Guerrero aka. Brie Salibad y Mallar, finding accused-appellant Sapla guilty beyond reasonable doubt of violating Seation §, Asticle II of Republic Act No. (R-A.) 9165,° otherwise known as the "Comprehensive Dangerous Drugs Act of 2002,” 2% amended. ‘The Facts and Antecedent Proceedings ‘The facts and antecedent proceedings, as narrated by the CA in the assailed Decision, and as culled from the records ofthe case, are as follows Siena 16 The Goes ‘Eas rendy sce ie cA C-Lmon a conc by As ales ; han rome by ring ny Min Han son Devs 3 GR No.21404s In an Ijormation dated 4 January 2014, the appellant was charged vith violation of Section 3, Ante if of RA. a 9163. The ‘sccustoy portion of the said Iyormaron reas “Tata round 1:20 inthe afternoon of January 10, 2014 at Toles, Agbaonavag, Tabuk City, Kalinga and ‘vthin the jrsdicton of tis Honorable Court the sid cused eid then ond there, willy, ulawlly and Knowingly have in his possession, control and custody four @)ovicks of manjuan leaves a dangerous (dru) with a fotal net weight of 3.956311 (1) grams apd anspor io ‘east throug «passenger (epmes] with Plate No. AYA. 2370 the sad matjuana witout Foes, permit or auboiy inom any sppeopite goverment ent Or aso CONTRARY TOLAW2 ‘The nest day, or op 15 January 2014, [accusd-appellant Sepla ras commie othe Bureau of Jail Management and Penology (BJM) Tabak City, Kanes Upon bie assignment on 29 January 2014, [accused appellant Spl] pleaded "nor guy” to the etme charged apna him. Inthe court ‘rquo's Pre-Trial Onder dated 11 March 2014, the Prosecution and the [Defense silted ther respective lea! issues to be resaved by the court ‘Also, the ronson henfifead marke st ploces of evidence, ‘whe the Defense made o proposals nor prema) any exhibits, ‘The Prosecution prescated thee) police cers as its wines, ‘nanely: 1) Police Oficer (PO) 2 Jim Mabiasan (hereinafter fered 10 3s PO2 Mabiasen), an officer asigned atthe 3" Maneuver Company, Regional Pic Safety Batalion (RPS) at Tabuk City and was the Slang officer 2) POS Lito Labbutn (hetenater refered to at PO3 ‘Labbutan), an oteligence operative of Kalinga Police Provincial Ofice— Provincial Antligal Drags Special Operations Task Group (KPPO- PAIDSOTG) who was tasked asthe arresting officer: and 3) Police Senior Inspector (51) Delon Ngoslb (htinatcr referred to as PST Ngovlab)

    You might also like