People of The PH VS Dejos
People of The PH VS Dejos
SUPREME COURT
Manila City
SECOND DIVISION
FACTS:
At around 11:30 p.m. of July 17, 2012, operatives from the Provincial Anti-Illegal Drugs
Special Operations Task Group (PAIDSOTG), led by Police Officer I Julmar J. Berdejo (PO1
Berdejo) and PO3 Serito C. Ongy (PO3 Ongy), successfully conducted a buy-bust operation
against accused-appellant in the interior part of Colon Extension, Taclobo, Dumaguete City.
They recovered seven bultos of shabu, with a total net weight of 31.75 grams, from the
accused.
In the middle of the discussion, accused-appellant's phone rang. The operatives heard a
female voice on the other line, later identified as belonging to one May Flor Saraña y
Buncalan a.k.a. Darlene (May Flor). She asked accused-appellant of his whereabouts and
the money. PO3 Ongy talked to May Flor and signified his intention to buy three bultos of
shabu. May Flor agreed to meet them at her place. Consequently, the operatives hatched an
entrapment.
The operatives recovered from her three bultos of shabu after a successful operation against
May Flor. The operatives decided to finally hold the inventory of the seized items from
accused-appellant and May Flor at the NBI office considering that the place of arrest of May
Flor was not well-lighted.
The seized 10 bultos of shabu (seven bultos from accused-appellant and three bultos from
May Flor) were then inventoried and photographed in the presence of accused-appellant,
May Flor, Barangay Captain Gregorio Suasin, Jr. (Brgy. Captain Suasin), Department of
Justice (DOJ) representative Ramonito Astillero (Astillero), and media representative Neil Rio
(Rio). Later, the operatives brought the seized items to the crime laboratory where, after
examination by Police Chief Inspector Josephine S. Llena (PCI Llena), the contents tested
positive for methamphetamine hydrochloride or shabu, a dangerous drug.
ISSUE:
The accused-appellant maintains his position that there is no moral certainty on the identity
and integrity of the corpus delicti; and that his warrantless arrest was invalid as he was not
doing anything illegal at the time of his arrest.
RULING:
No
The appeal is turned down. The Court of Appeals' July 31, 2017 Decision in CA-G.R.
CR-HC No. 02269 is confirmed by this. Under Section 11, Article II of Republic Act No. 1, the
accused appellant Neil Dejos y Pinili is found guilty beyond a reasonable doubt of the offense
of Illegal Possession of Dangerous Drugs. 9165, and he received a sentence of life in prison
and a P400,000.00 fine.