G.R. No. 185848
People
Vs. Michael Castro Sembrano
August
16, 2010
Facts:
In a buy-bust operation and after a follow up
search, Accused Appellant was arrested and charged with the violation of
Section 5 (illegal sale) and Section 11, Article II (illegal possession) of
R.A. 9165. He was then found guilty by the lower courts.
Accused-appellant appealed the lower court’s
ruling, contending that the arrest made on him was illegal and thus the alleged
evidence seized during such warrantless arrest shouldn’t have been admitted
(‘fruit of the poisonous tree doctrine”). He further averred that he had been
framed by the police officers.
Ruling:
The court held that the arrest made was
legal. Appellant
was arrested during an entrapment operation where he was caught in flagrante
delicto selling shabu. When an arrest is made during an entrapment operation,
it is not required that a warrant be secured in line with the provisions of
Rule 113, Section 5(a) of the Revised Rules of Court allowing warrantless
arrests.
The contention of frame-up in the case at bar could not be looked upon
by the Court with favor in light of straightforward and positive testimony of
poseur-buyer identifying him as the seller of shabu. Moreover, the
accused-appellant failed to prove that there had been ill-motive on the part of
the officers to impute such crimes. Police officers are presumed to have
performed their duties in a regular manner, unless there is evidence to the
contrary.
Court found the accused-appellant guilty beyond
reasonable doubt and was sentenced to an indeterminate penalty of imprisonment
ranging from twelve (12) years and one (1) day, as minimum, to fourteen (14)
years, as maximum, and to pay a fine of Three Hundred Thousand Pesos (P300,000.00) for illegal possession of 0.27 grams of
shabu. For illegal sale of drugs, regardless of quantity, he was sentenced to suffer the penalty of LIFE IMPRISONMENT
and to pay a fine in the amount of FIVE HUNDRED THOUSAND PESOS (P500,000.00) PESOS;
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