The accused was found guilty by the trial
court of violating RA 6425 (Dangerous Drugs Act of 1972) and Unlawful
possession of firearms. The accused was still at large (into hiding) when the
information was filed in court.
ISSUE:
Whether
the regional trial court of Cavite city, committed a patent reversible error in
not finding that the evidence so far presented was obtained in an illegal search;
HELD:
The accused is GUILTY. The accused was caught
in flagrante delicto, possessing an unlicensed firearm. The search conducted
thereafter was valid. It was within the immediate control of the arrested
person. Likewise, the drugs and paraphernalia obtained where in plain view of
the police when the accused was arrested. Quoting PEOPLE v. Khor, the elements
of illegal possession of dangerous drugs are: 1) the accused is in possession
of an item or object which is identified as a prohibited drug; 2) such
possession is not authorized by law; and 3) the accused freely and consciously
possessed the said drug. All elements concurring, the accused is thus guilty.
Lastly, the accused failed to quash the information against him before
arraignment thus he is estopped from questioning the legality of his arrest.
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