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  • People v. Collado

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    Candelaria Quezon
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    PO2 Noble received a tip about Marcelino and Myra selling shabu out of their home, where drug users would gather and use drugs. A buy-bust operation was conducted where PO2 Noble bought shabu from Marcelino while Myra accepted money. Meanwhile, others including Apelo, Cipriano, Ranada, Abache, Sumulong, Madarang and Latario were found inside gathering around drug paraphernalia. RTC found Marcelino and Myra guilty of drug charges and the others guilty of possession. CA affirmed but said some were accessories not principals. The Supreme Court upheld the arrests as valid but found insufficient evidence the others conspired with Ranada, who was found with drug paraphernalia on

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    PO2 Noble received a tip about Marcelino and Myra selling shabu out of their home, where drug users would gather and use drugs. A buy-bust operation was conducted where PO2 Noble bought shabu from Marcelino while Myra accepted money. Meanwhile, others including Apelo, Cipriano, Ranada, Abache, Sumulong, Madarang and Latario were found inside gathering around drug paraphernalia. RTC found Marcelino and Myra guilty of drug charges and the others guilty of possession. CA affirmed but said some were accessories not principals. The Supreme Court upheld the arrests as valid but found insufficient evidence the others conspired with Ranada, who was found with drug paraphernalia on

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    71 views2 pages

    People v. Collado

    Uploaded by

    Candelaria Quezon
    PO2 Noble received a tip about Marcelino and Myra selling shabu out of their home, where drug users would gather and use drugs. A buy-bust operation was conducted where PO2 Noble bought shabu from Marcelino while Myra accepted money. Meanwhile, others including Apelo, Cipriano, Ranada, Abache, Sumulong, Madarang and Latario were found inside gathering around drug paraphernalia. RTC found Marcelino and Myra guilty of drug charges and the others guilty of possession. CA affirmed but said some were accessories not principals. The Supreme Court upheld the arrests as valid but found insufficient evidence the others conspired with Ranada, who was found with drug paraphernalia on

    Copyright:

    © All Rights Reserved
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    of 2

    People v.

    Collado

    Facts:
    PO2 Noble received information from a civilian asset that spouses Marcelino and Myra were
    engaged in selling shabu and that drug users, including out-of-school youth, were using their
    residence in 32 R. Hernandez St., San Joaquin, Pasig City, for their drug sessions. A buy-bust
    operation team was thereafter formed. The asset introduced PO2 Noble to Marcelino as a regular
    buyer of shabu. Myra accepted the money. Marcelino then took from his pocket a small metal
    container from which he brought out a small plastic sachet containing white crystalline substance
    and gave it to PO2 Noble.

    Meanwhile, SPO2 Cruz and another police officer went inside the house of Marcelino and Myra,
    where they found Apelo, Cipriano, Ranada, Abache, Sumulong, Madarang and Latario gathered
    around a table littered with various drug paraphernalia such as an improvised water pipe, strips
    of aluminum foil with traces of white substance, disposable lighters, and plastic sachets. A strip
    of aluminum foil used for smoking marijuana was recovered from Ranada.
    RTC found Marcelino and Myra guilty of Secs. 5, 6, and 11 of RA 9165. Apelo, Cipriano,
    Ranada, Abache, Sumulong, Madarang and Latario are guilty of Sec. 14 of RA 9165. CA
    affirmed the decision with modification that Apelo, Abache, Sumulong, and Madarang are
    accessories, not principals.

    Issue:
    Whether or not irregularities attended the arrest, detention, and the procedure in handling the
    specimen seized from them

    Held:
    The arrest of the appellants was an arrest in flagrante delicto made in pursuance of Sec. 5(a),
    Rule 113 of the Rules of Court. The arrest was effected after Marcelino and Myra performed the
    overt act of selling to PO2 Noble the sachet of shabu and Ranada of having in his control and
    custody illegal drug paraphernalia.

    As for the specimen, the failure of the police officers to inventory and photograph the
    confiscated items are not fatal to the prosecution's cause, provided that the integrity and
    evidentiary value of the seized substance were preserved, as in this case.

    In Rañada’s case, he was actually caught having custody and control of the confiscated drug
    paraphenalia intended for smoking, injecting, etc. into one's body. It was also indubitably shown
    that he failed to present authority to possess the prohi ited articles, uch less, an explanation of
    his possession thereof owever, as regards the other accused who were seen in the co pany of
    Rañada, the evidence of conspiracy against the was insufficient hey were in close proxi ity
    to Rañada at the ti e and place of the incident ut ere presence at the scene of the cri e does
    not imply conspiracy. The prosecution failed to show specific overt acts that would link these
    accused to Ranada's possession of the said contrabands. The CA erred in ruling that they were
    accessories to the crime.

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