Saturday, July 27, 2013

G.R. No. 117952-53 February 14, 2001 PEOPLE vs. PEREZ YNARES-SANTIAGO, J.:



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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