Professional Documents
Culture Documents
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* THIRD DIVISION.
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maximum age of 21. The provision states: SEC. 40. Return of the
Child in Conflict with the Law to Court.—If the court finds that
the objective of the disposition measures imposed upon the child
in conflict with the law have not been fulfilled, or if the child in
conflict with the law has willfully failed to comply with the
condition
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PERALTA, J.:
For this Court’s consideration is the Decision1 dated
July 31, 2008 of the Court of Appeals (CA) in CA-G.R. CR-
H.C. No. 00240-MIN, affirming the Omnibus Judgment2
dated September 14, 2005, of the Regional Trial Court,
Branch 1, Butuan City in Criminal Case No. 10250 and
Criminal Case No. 10251, finding appellant Allen Udtojan
Mantalaba, guilty beyond reasonable doubt of violation of
Sections 5 and 11, Article II of Republic Act (RA) 9165.
The facts, as culled from the records, are the following:
The Task Force Regional Anti-Crime Emergency
Response (RACER) in Butuan City received a report from
an informer that a certain Allen Mantalaba, who was
seventeen (17) years old at the time, was selling shabu at
Purok 4, Barangay 3, Agao District, Butuan City. Thus, a
buy-bust team was organized, composed of PO1 Randy
Pajo, PO1 Eric Simon and two (2) poseur-buyers who were
provided with two (2) pieces of P100 marked bills to be
used in the purchase.
Around 7 o’clock in the evening of October 1, 2003, the
team, armed with the marked money, proceeded to Purok
4, Barangay 3, Agao District, Butuan City for the buy-bust
operation. The two poseur-buyers approached Allen who
was
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Provisions.—The Narcotics Group of the PNP, the Narcotics Division of the NBI
and the Customs Narcotics Interdiction Unit are hereby abolished; however they
shall continue with the performance of their task as detail service with the PDEA,
subject to screening, until such time that the organizational structure of the
Agency is fully operational and the number of graduates of the PDEA Academy is
sufficient to do the task themselves. x x x.
xxxx
Nothing in this Act shall mean a diminution of the investigative powers of the
NBI and the PNP on all other crimes as provided for in their respective organic
laws: Provided, however, That when the investigation being conducted by the NBI,
PNP or any ad hoc anti-drug task force is found to be a violation of any of the
provisions of this Act, the PDEA shall be the lead agency. The NBI, PNP or any of
the task force shall immediately transfer the same to the PDEA: Provided, further,
That the NBI, PNP and the Bureau of Customs shall maintain close
coordination with the PDEA on all drug related matters. (Emphasis
supplied)
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tory requirement before the other law enforcement agencies may conduct buy-bust
operations. Section 86(a) of the said IRR provides:
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19 G.R. No. 110357, August 17, 1994, 235 SCRA 455, 463.
20 People v. Roa, supra note 13, at pp. 368-370.
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21 People v. Lazaro, Jr., G.R. No. 186418, October 16, 2009, 604 SCRA
250, 268-269, citing People v. Naquita, 560 SCRA 430, 444 (2008); People
v. Concepcion, 556 SCRA 421, 440 (2008); People v. Santiago, 539 SCRA
198, 217 (2007).
22 People v. Encila, G.R. No. 182419, February 10, 2009, 578 SCRA
341, 361, citing People v. Lagata, 452 Phil. 846, 853; 404 SCRA 671, 675
(2003).
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23 TSN, June 3, 2005, pp. 11-12. (Emphasis supplied.)
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24 People v. Lazaro, Jr., supra note 21, at p. 269, citing People v.
Naquita, supra note 21; People v. Concepcion, supra note 21; People v.
Santiago, supra note 21.
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25 People v. Pringas, G.R. No. 175928, August 31, 2007, 531 SCRA 828, 842, citing People v.
Sta. Maria, 516 SCRA 621 (2007), citing Section 21.a. of the Implementing Rules and
Section 21. (a) x x x Provided, further, that non-compliance with these requirements under
justifiable grounds, as long as the integrity and the evidentiary value of the seized items
are properly preserved by the apprehending officer/team, shall not render void and
27 Id., at p. 843.
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A: We informed the suspect that we are the police officers and he has
this [constitutional] rights and immediately handcuffed him.
Q: Where were the marked moneys?
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28 TSN, October 27, 2004, pp. 9-11.
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29 In criminal procedure, “marking” means the “placing by the
apprehending officer or the poseur-buyer of his/her initials and signature
on the items/s seized” (People v. Sanchez, G.R. No. 175832, October 15,
2008, 569 SCRA 164).
30 People v. Coreche, G.R. No. 182528, August 14, 2009, 596 SCRA 350,
357.
31 ART. 192. Suspension of Sentence and Commitment of Youthful
Offender.—If after hearing the evidence in the proper proceedings, the
court should find that the youthful offender has committed the acts
charged against him the court shall determine the imposable penalty,
including any civil liability chargeable against him. However, instead of
pronouncing judgment of conviction, the court shall suspend all further
proceedings and shall commit such minor to the custody or care of the
Department of Social Welfare, or to any training institution operated by
the government, or duly licensed agencies or any other responsible person,
until he shall have
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reached twenty-one years of age or, for a shorter period as the court may
deem proper, after considering the reports and recommendations of the
Department of Social Welfare or the agency or responsible individual
under whose care he has been committed.
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the Family Court a status and progress report on the matter. The Family Court
may set a conference for the evaluation of such report in the presence, if
practicable, of the juvenile, his parents or guardian, and other persons whose
presence may be deemed necessary.
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offense for which they were convicted and are serving sentence,
shall likewise benefit from the retroactive application of this Act.
x x x”
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33 G.R. No. 169641, September 10, 2009, 599 SCRA 20, 50.
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“We are not unaware of cases in the past wherein it was held
that, in imposing the penalty for offenses under special laws, the
rules on mitigating or aggravating circumstances under the
Revised Penal Code cannot and should not be applied. A review of
such doctrines as applied in said cases, however, reveals that the
reason therefor was because the special laws involved provided
their own specific penalties for the offenses punished thereunder,
and which penalties were not taken from or with reference to
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9165, is six (6) years and one (1) day of prision mayor, as
minimum, and fourteen (14) years, eight (8) months and
one (1) day of reclusion temporal, as maximum.
SO ORDERED.
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