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    People of The PH VS Dejos

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    People of The PH VS Dejos

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    andrew.daculla
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    PEOPLE OF THE PH VS DEJOS

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    People of The PH VS Dejos

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    andrew.daculla

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    of 2

    Republic of the Philippines

    SUPREME COURT
    Manila City
    SECOND DIVISION

    G.R. No. 237423, October 12, 2020


    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs.
    NEIL DEJOS Y PINILI, Accused-Appellant.

    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.

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