People of The Philippines, G.R. No. 186471
People of The Philippines, G.R. No. 186471
Criminal Case No. Q-03-122556
(Violation of Section 11 [Possession], Article II of RA 9165)
That on or about the 9th day of November, 2003, in the Quezon City,
Philippines, the said accused, not being authorized by law, to possess or use any
dangerous drug, did, then and there, wilfully, unlawfully and knowingly have in
his/her possession and control zero point eighteen (0.18) gram of
methamphetamine hydrochloride, a dangerous drug.
Contrary to law.
On February 16, 2004, appellant was arraigned and pleaded “not guilty” to the charge
against him. After the pre-trial conference, trial on the merits ensued.
During the trial, the parties agreed to stipulate on the testimonies of Engr. Leonard
Jabonillo, the Forensic Chemist, and Police Officer 1 (PO1) Oliver Estrelles, the police
investigator of these cases. The prosecution thereafter presented PO2 Noel Magcalayo as its
witness. The defense, on the other hand, presented Rodante De Leon, the accused himself.
Version of the Defense
On the other hand, appellant testified that, prior to his arrest, he was a police officer of
Station 7, Araneta, Cubao, Quezon City and had been connected with the PNP for 10 years. On
November 9, 2003, at around 3 o’clock in the afternoon, he went to Sarmiento St., Barangay Sta.
Monica, Novaliches, Quezon City to look for a kumpadre from whom he intended to borrow
money when policemen accosted him and poked their guns at him. The people around him ran,
and as he was the only one left on the scene, the policemen asked him to sit down. He told SPO3
Concepcion, whom he knew, that he was a police officer but he was told to shut up and to
explain his side at the police station instead.
Upon arrival at the police station in Novaliches, Quezon City, his wallet, with his I.D.
and police badge, were taken from him. PO2 Magcalayo told him that he had a fake police I.D.
When appellant tried to explain himself, PO2 Magcalayo allegedly kicked him saying, “Hindi na
uso ang pulis, sundalo na ang nakaupo ngayon.”
The following night, he was presented on inquest during which he was charged with
violation of Secs. 5 and 11 of RA 9165. He denied all the charges against him claiming that the
alleged shabu marked as Exhibits “B-1” and “B-2” came from the arresting police officers. He
did not file a case against them, because he had no money and because he knew that he was not
guilty.
On cross-examination, appellant further testified that he was a follow-up operative at the
Station Investigation Division of Police Station 7. He admitted that he was separated from the
service because he was absent without official leave due to a business problem he had to attend
to. He likewise said that he did not know his arresting officers, whom he saw then for the first
time, and that he was not familiar with RA 9165.