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Violation of Section 5 of Article II of Republic Act No. (RA) 9165 or the Comprehensive Dangerous Drugs Act

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Fishy


Arresto Menor
My friends and I were at the house of our friend celebrating a birthday party when suddenly police officers came to their house. Our friend was arrested for violating Section 5 of Article II of Republic Act No. (RA) 9165 or the Comprehensive Dangerous Drugs Act ( ne reasearch namin ito sa net) which the crime happened 2 months ago "daw". We were all in shocked because it came to us by surprise because our friend never saw it coming that their was a crime that happened and how much more that of a warrant of arrest. My question is would it take 2 months for the warrant of arrest to be served after the said crime happened? We done some researched and para makasuhan ang isang tao ng section 5, dba dapat may buy bust operation na ng yari, and may mark money na nah na retrieve. . . Pls enlightened us about this... can we file for a motion to quash about this? hoping for a reply

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attyLLL


moderator
absence of a buy bust operation will not serve to quash an information.

but i do find it strange that a warrant of arrest was issued in just 2 months if he was not previously arrested.

sorry, my guess is that he was arrested, then was released and the case was referred for investigation but he did not appear at the preliminary investigation. just speculating.

sec 5 is punished with life imprisonment so bail is not allowed. he can consider filing a motion for bail to force the prosecution to present its evidence, but this may backfire if the evidence is actually strong.

my best recommendation is that he acquires legal counsel, even if from the PAO, many of whom are experts on drug cases.


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Fishy


Arresto Menor
the strange thing was the warrant of arrest was not addressed on their current address were he and his family really lives but was addressed on their other house which serves as a family retreat house or bakasyonan which was out of town..that is why we were speculating why he did not know their was a preliminary investigation going on because no noticed came at their house because it was not addressed on their house talaga. . . . when we asked the police why they did not address it sa talaga house nila ang sabi hindi daw nila alam kung saan talaga naka tira ang friend namin which was strange because for the last 2 years the court often send him notice( i don't know what its called) the notice from the court stating when would be your next hearing ( the hearing was regarding the case in which he was involved on a car accident 2 years ago). The warrant was addressed on the other house (bahay bakasyonan) but they arrested him sa bahay talaga nila?

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resjudicata


Arresto Mayor
Your friend was arrested by virtue of a warrant of arrest issued by a court and not thru a buy-bust operation done in a social occassion such as a birthday party where you happened to witness on that night. The said section of the Comprehensive Dangerous Drugs Law penalizes the sale of prohibited drugs. Your friend, if he's out on bail, or his legal representative can inquire the details of his case in the "folder" which is in the custody of the court where the WA originated. There's a recent Supreme Court decision where a suspected drug peddler was acquitted due to the negligence of the arresting officers which broke the proper chain of custody of the evidence.

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attyLLL


moderator
a warrant of arrest can be implemented in any part of philippine territory. get over the fact of arrest, it's done.

i recommend that he files the motion for bail. hopefully the case of the prosecution is not strong. he should also focus on his defense and gathering his witnesses.


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sean1991


Arresto Menor
hmmmm... can i ask for a favor.???what is the unique scenario of conducting the report regarding to section 5 article 2 of "controlled precursors and essential chemicals".???that is our final report for this trime,,hope some one can suggest.please help me.thanks.

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attyLLL


moderator
your better move is to interview someone at the PNP or PDEA crime labs.


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sean1991


Arresto Menor
hmmmm...thanks for the answer..but i already go to Headquarters of proj 4 but no one would like to give some information regarding to my topic..hmmm...but i'm gonna try to another HQ...anyways thanks again...

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cashgats


Arresto Menor
This gist is formed from the arrest affidavit submitted by the apprehending team:

1. A supposed buy bust operation was conducted to a suspected peddler of shabu at a town plaza on valentines day.

2. The PNP performed a test buy using an asset as 'posseur' to make the purchase from the said pusher using a marked 500 peso bill.

3. After the alleged exchange of hands, the asset showed proof of the evidence bought to the team leader and said that the marked money had been received by the peddler.

4. Upon receiving information of the said posseur, the PNP Team moved in for the arrest of the peddler, where he and his accomplice were with the crowd of people celebrating the town festivities of valentine's day.

5. Upon seeing, the Police Officers approaching them, the two alleged pushers sped off on their motorcycle to escape the authorities.

6. A different team of PNP Officers, had set-up a checkpoint station at one area of the three exit routes of the plaza, where the escaping peddlers riding on tandem coincidentally passed through. They were forced to stop and be searched, and obtained were the shabu items and paraphernalias from the two persons.

7. They were then arrested and brought to the station for booking. The police then called for a brgy chairman and his kagawad to sign over the inventoried items of the evidences obtained.

8. A formal complaint was charged for violations of Sec. 5, 11. 12 and 15 of RA 9165 to the suspects and detained at the BJMP. An arraignment set with a plea of not guilty was moved.

9. The complaint information was submitted to the office of the provincial prosecutor tainted with erasures and corrections, most especially on the subtext where the evidences were enumerated, and duly countersigned by the officers who executed the affidavits.

10. Upon perusal of the erasures and corrections done by them, it appeared that the name of the alleged pusher was stricken out with 'white correction fluid' to replace it with that of the supposed 'asset'.

11. Perusing further, it then showed that the replacement correction done was to assign one (1) sachet of 'shabu' from the evidences obtained to the supposed asset.

12. Putting suspicion at the correction, it was then ascertained by comparing the inventoried items during the apprehension (signed by those brgy officials) to establish, that there were 12 items of evidences (including paraphernalias, etc) taken from the (2) apprehended suspects that day. However, on the arrest affidavit submitted as part of the complaint information, there were now (3) personalities owing to the 12 evidences obtained. The addition, in the person of the so-called 'asset', had been manifested to obtain from him, one (1) item in the form of a plastic sachet of 'shabu'.

Questions raised:
A. why the erasures?
B. why replace the pushers name and replace his for the asset in conjunction to the single item obtained?
C. were they asked by the prosecutor at the time of the filing of charges, "o, kung buy-bust to, asan ang binili nang asset nyo kapalit nitong marked money na tinanggap nya?"
D. if they did forget to include the asset in the inventory, where is the 13th item of the find to form part of the evidences obtained from the buy bust operation?
E. could it be a probability then, that there was no buy bust operation, and that the evidences were modified, circumvented, or customized to fit a buy-bust scenario?
F. can the court rely on an affidavit tainted with erasures and placed into question?

This August, a hearing is set for the presentation of evidences.

The accused is moving to file a motion for bail using the discrepancies above cited for insufficient proof to establish that a buy-bust operation had indeed taken place?

Issue to Counsel:
- what would be the arguments or grounds used to contain the appeal for bail?

Can anyone shed, legal light on this query? God bless you.

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