People vs Dela Cruz 571 SCRA 469

Facts:
On November 15, 2002, charges against accused-appellant were made before the
RT for !llegal "ossession of #irearm and $mmunition and "ossession of %angerous %rug& The
RT ac'uitted accused-appellant of illegal possession of (rearm and ammunition but
convicted him of possession of dangerous drugs& On %ecember ), 2005, accused-appellant
(led a Notice of $ppeal of the RT %ecision claiming that* +1, the version of the prosecution
should not have been given full credence- +2, the prosecution failed to prove be.ond
reasonable doubt that he was guilt. of possession of an illegal drug- +/, his arrest was
patentl. illegal- and +0, the prosecution failed to establish the chain of custod. of the illegal
drug allegedl. in his possession&
The $ sustained accused-appellant1s conviction& !t pointed out that accused-
appellant was positivel. identi(ed b. prosecution witnesses, rendering his uncorroborated
denial and allegation of frame-up wea2& $s to accused-appellant1s alleged illegal arrest, the
$ held that he is deemed to have waived his ob3ection when he entered his plea, applied
for bail, and activel. participated in the trial without 'uestioning such arrest&
$ccused-appellant claims that the presence of all the elements of the o4ense of
possession of dangerous drug was not proved be.ond reasonable doubt since both actual
and constructive possessions were not proved& 5e asserts that the shabu was not found in
his actual possession, for which reason the prosecution was re'uired to establish that he had
constructive possession over the shabu& 5e maintains that as he had no control and
dominion over the drug or over the place where it was found, the prosecution li2ewise failed
to prove constructive possession&
Issue: 6hether or not the court a 'uo gravel. erred in (nding the accused-appellant guilt.
of violation of section 11, $rticle !!, R$ 7185 despite the failure of the prosecution to prove
the commission of the o4ense charged be.ond reasonable doubt9
Ruling: The : ac'uitted accused-appellant of violation of sec& 11+2, of R$ 7185& The
prosecution in this case clearl. failed to show all the elements of the crime absent a showing
of either actual or constructive possession b. the accused-appellant&
The elements in illegal possession of dangerous drug are* +1, the accused is in possession of
an item or ob3ect which is identi(ed to be a prohibited drug- +2, such possession is not
authori;ed b. law- and +/, the accused freel. and consciousl. possessed the said drug& On
the third element, the court have held that the possession must be with 2nowledge of the
accused or that animus possidendi e<isted with the possession or control of said articles&
!n the instant case, there is no 'uestion that accused-appellant was not the owner of the
nipa hut that was sub3ect of the bu.-bust operation& 5e did not have dominion or control
over the nipa hut& Neither was accused-appellant a tenant or occupant of the nipa hut, a fact
not disputed b. the prosecution& The target of the operation was =o. =icol& $ccused-
appellant was merel. a guest of =o. =icol&
:ince accused-appellant was not in possession of the illegal drugs in =o. =icol1s nipa
hut, his subse'uent arrest was also invalid& The warrantless arrest of accused-appellant was
e4ected under :ec& 5+a,, Rule 11/ of the Rules on riminal "rocedure, arrest of a suspect in
fagrante delicto& #or this t.pe of warrantless arrest to be valid, two re'uisites must concur*
+1, the person to be arrested must e<ecute an overt act indicating that he has 3ust
committed, is actuall. committing, or is attempting to commit a crime- and +2, such overt
act is done in the presence or within the view of the arresting o>cer& The prosecution was
not able to ade'uatel. prove that accused-appellant was committing an o4ense& $lthough
accused-appellant merel. denied possessing the (rearm, the prosecution1s charge was wea2
absent the presentation of the alleged (rearm& 5is arrest, independent of the bu.-bust
operation targeting =o. =icol, was therefore not lawful as he was not proved to be
committing an. o4ense&