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    Pedro Cupcupin Vs People

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    jilliandanielle
    Pedro Cupcupin was found guilty of illegal drug and firearm possession. He claimed the evidence used against him was obtained through an illegal search, as the search warrants were defective since the NBI agent who applied did not have personal knowledge. However, the court held the NBI agent did have personal knowledge, as he conducted surveillance after receiving a tip from an informant, and was able to confirm the illegal activities himself through investigation. Therefore, the search warrants were validly issued based on probable cause known to the agent personally.

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    Pedro Cupcupin Vs People

    Uploaded by

    jilliandanielle
    135 views1 page
    Pedro Cupcupin was found guilty of illegal drug and firearm possession. He claimed the evidence used against him was obtained through an illegal search, as the search warrants were defective since the NBI agent who applied did not have personal knowledge. However, the court held the NBI agent did have personal knowledge, as he conducted surveillance after receiving a tip from an informant, and was able to confirm the illegal activities himself through investigation. Therefore, the search warrants were validly issued based on probable cause known to the agent personally.

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    Pedro Cupcupin vs People

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    Pedro Cupcupin was found guilty of illegal drug and firearm possession. He claimed the evidence used against him was obtained through an illegal search, as the search warrants were defective since the NBI agent who applied did not have personal knowledge. However, the court held the NBI agent did have personal knowledge, as he conducted surveillance after receiving a tip from an informant, and was able to confirm the illegal activities himself through investigation. Therefore, the search warrants were validly issued based on probable cause known to the agent personally.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    135 views1 page

    Pedro Cupcupin Vs People

    Uploaded by

    jilliandanielle
    Pedro Cupcupin was found guilty of illegal drug and firearm possession. He claimed the evidence used against him was obtained through an illegal search, as the search warrants were defective since the NBI agent who applied did not have personal knowledge. However, the court held the NBI agent did have personal knowledge, as he conducted surveillance after receiving a tip from an informant, and was able to confirm the illegal activities himself through investigation. Therefore, the search warrants were validly issued based on probable cause known to the agent personally.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Pedro Cupcupin vs.

    People of the Philippines


    Facts:
    Based on a confidential information that the petitioner, Pedro Cupcupin is engaged in selling shabu, and in possession
    of firearms and ammunitions without the necessary license, NBI Agent Timoteo Rejano, conducted a surveillance on the vicinity
    of petitioners residence. After confirming said confidential information, Agent Rejano applied for the issuance of search
    warrants.
    Pedro Cupcupin, petitioner, was found guilty of the crimes of violation of Sec 16, Article III, Republic Act
    6425,otherwise known as the Dangerous Drugs Act of 1972, as amended, and of violation of Section 1, Presidential Decree of
    1866, otherwise known as the Unlawful Possession of Firearms and Ammunition which the Court of Appeals affirmed with
    modifications. The petitionerraise the defense of frame-up. Pedro Cupcupin also contends that the items allegedly seized from
    his residence are inadmissible because the search warrants were defective on the ground that NBI Agent Rejano who applied
    for the issuance thereof had no personal knowledge of the facts on which the warrants were based.
    Issue:
    Whether or not the NBI Rejano has personal knowledge of the fact which the waarants were based.
    Held:
    Yes. In determining probable cause in the issuance of search warrant, the oath required must refer to the truth of the
    facts within the personal knowledge of the applicant or his witnesses, because the purpose thereof is to convince the
    committing magistrate, not the individual making the affidavit and seeking the issuance of the warrant, of the existence of
    probable cause. Search warrants are not issued on loose, vague or doubtful basis of fact, nor on mere suspicion or belief.
    In the case at bar, NBI Agent Timeteo Rejano who applied for the issuance of Search Warrant Nos. 56-93, had
    personal knowledge of the circumstances on which the warrants were based. Admittedly, Rejanos knowledge of petitioners
    illegal possession of firearms and prohibited drugs came from a confidential informant, and therefore, initially hearsay.
    Nevertheless, the surveillance and investigation he conducted on the basis of said confidential information enabled him to gain
    personal knowledge of the illegal activities petitioner. Hence, his testimony was sufficient justification of the examining judge to
    conclude that there was probable cause for the issuance of search warrant.

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