G.R. No.

126252

August 30, 1999

PEOPLE OF THE PHILIPPINES, vs. JESUS GARCIA !ANA"AT FACTS# For review is the conviction of accused-appellant JESUS GARCIA !A"A#A$ for ille%al possession of five &'( )ilos of *ari+uana for which he was initiall sentenced to death. $hat on or a,out the -.th da of "ove*,er, /001, in the Cit of #a%uio, 2hilippines, and within the +urisdiction of this 3onora,le Court, the a,ove-na*ed accused, did then and there willfull , unlawfull and feloniousl have in his possession, custod and control five &'( )ilos of co*pressed *ari+uana dried leaves, without the authorit of law to do so. $he prosecutions case hin%es on the testi*on of Senior Inspector 45I6ER E"!47IAS. 3e recounted that on "ove*,er -., /001, he and S248 J4SE 2A"GA"I#A" ,oarded a passen%er +eepne fro* their office in Ca*p 7an%wa, 5a $rinidad, #en%uet, en route to #a%uio Cit . 3e too) the seat ,ehind the +eepne driver while S248 2an%ani,an sat opposite hi*. $he were in civilian attire. 9hen the +eepne reached :*. 1 or ', accused JESUS GARCIA ,oarded the +eepne carr in% a plastic ,a%. 3e occupied the front seat, ,eside the driver and placed the plastic ,a% on his lap. After a couple of *inutes, the police*en s*elled *ari+uana which see*ed to e*anate fro* accused;s ,a%. $o confir* their suspicion, the decided to follow accused when he %ets off the +eepne . $he accused ali%hted at the #a%uio cit hall and the police officers trailed hi*. $he accused proceeded to Ri<al 2ar) and sat , the *onu*ent. 3alf a *eter awa , the police officers saw the accused retrieve a %reen travellin% ,a% fro* the ,ac) poc)et of his pants. 3e then transferred five &'( pac)a%es wrapped in newspaper fro* the plastic ,a% to the %reen ,a%. As the newspaper wrapper of one of the pac)a%es was partiall torn, the police officers saw the content of the pac)a%e. It appeared to ,e *ari+uana. Forthwith, the police*en approached the accused and identified the*selves. $he accused appeared to ,e nervous and did not i**ediatel respond. $he police*en then as)ed the accused if the could inspect his travellin% ,a%. $he accused surrendered his ,a% and the inspection revealed that it contained five &'( ,ric)s of what appeared to ,e dried *ari+uana leaves. $he police officers then arrested the accused and sei<ed his ,a%. $he accused ad*itted ,ein% at the locus criminis ,ut denied possessin% *ari+uana or carr in% an ,a%. 3e alle%ed that on said da , at a,out .=>> a.*., he left his residence in An%eles Cit to visit his ,rother, "IC: GARCIA, who* he had not seen for ten &/>( ears. 3e arrived in #a%uio Cit at /-=8> p.*. #efore proceedin% to his ,rother;s house, he too) a stroll at the Ri<al 2ar). At a,out -=>> p.*., two &-( *en accosted hi* at the par). $he did not identif the*selves as police officers. $he held his hands and ordered hi* to %o with the*. 7espite his protestations, he was forci,l ta)en to a waitin% car and ,rou%ht to a safehouse. $here, he was as)ed a,out the source of his suppl of illicit dru%s. 9hen he denied )nowled%e of the cri*e i*puted to hi*, he was ,rou%ht to a dar) roo* where his hands were tied, his feet ,ound to a chair, his *outh covered , tape and his e es ,lindfolded. $he started *aulin% hi*. Initiall , he clai*ed he was )ic)ed and punched on the chest and thi%hs. 9hen as)ed further whether he suffered ,ruises and ,ro)en ri,s, he answered in the ne%ative. $hereafter, he e?plained that there were no visi,le si%ns of ph sical a,use on his ,od as he was onl punched, not )ic)ed. "otwithstandin% the

*altreat*ent he suffered, the accused clai*ed he stood fir* on his denial that he was dealin% with illicit dru%s. ISSUE# 9hether or not the police is %uilt of ar,itrar detention &Art. /-' R2C( HEL$# Firstly, appellant pointed out that if the police officers indeed s*ell and the *ari+uana he was alle%edl carr in% while the were all on ,oard the +eepne , the should have i**ediatel arrested hi* instead of waitin% for hi* to ali%ht and stroll at the Ri<al 2ar). Secondly, appellant faulted the procedure adopted , the arrestin% officers who, after the arrest, too) hi* to the CIS office at the #a%uio 9ater 7istrict Co*pound for investi%ation instead of ,rin%in% hi* to the nearest police station, as *andated under Section ', Rule //8 of the Rules on Cri*inal 2rocedure. Finally, appellant theori<ed that the prosecution;s o*ission or failure to present the other arrestin% officer, S248 2an%ani,an, to corro,orate the testi*on of its witness Senior Inspector En*odias was fatal to the prosecution;s case as the lone testi*on of En*odias failed to prove his %uilt ,e ond reasona,le dou,t. $hese contentions of appellant fail to persuade. $he police officers, without co*pro*isin% their sworn dut to enforce the law, the police officers e?ercised reasona,le prudence and caution in desistin% to apprehend appellant inside the +eepne when the initiall suspected he was in possession of *ari+uana. $he sou%ht to verif further their suspicion and decided to trail appellant when the latter ali%hted fro* the +eepne . It was onl after the saw that one of the pac)a%es with the torn wrapper contained what loo)ed li)e *ari+uana fruitin% tops did the accost appellant and *a)e the arrest. At that precise ti*e, the had o,tained personal )nowled%e of circu*stances indicatin% that appellant had illicit dru%s in his possession. $he had reasona,le %round upon which to ,ase a lawful arrest without a warrant. "either can the police officers ,e held lia,le for ar,itraril detainin% appellant at the CIS office. Article /-' of the Revised 2enal Code, as a*ended, penali<es a pu,lic officer who shall detain another for so*e le%al %round and fail to deliver hi* to the proper authorities for 8@ hours for cri*es punisha,le , afflictive or capital penalties.