Republic of the Philippines

DEPARTMENT OF JUSTICE
CITY PROSECUTION OFFICE
Cavite City

PNP CAVITE CITY,

Complainant,
-versus-

I.S. No. IV-14-INV-11E00134

For: Violation of Sec. 11 of
R. A. No. 9165

ARNEL ESPIRITU, ET AL.,

Respondents.
x-----------------------------x
RESOLUTION
Submitted for resolution is the charge of Violation of
Section 11 of Republic Act No. 9165 filed by the elements of PNP
Cavite City against respondents Arnel Espiritu and Joel
Villanueva.
According to the arresting operatives, namely, Police
Officers Sonny Monzon, Ronald Nabos, Marbert Sto. Domingo, and
Ryjan de Guzman, they were directed by their Chief of Police on
May 13, 2011 to conduct a surveillance operation along Brgy. 36,
Bagong Purok, Caridad, Cavite City, owing to reports of rampant
illegal drugs activities in the said place. While conducting
their operations, these operatives saw the respondents, whom they
came across with, handing from one to the other, in front of the
police officers, one (1) piece of plastic sachet. These police
officers were in civilian clothes at that time so as to freely
conduct their surveillance operation. It was found out that the
one handing the plastic sachet to the other person was respondent
Joel Villanueva. And the other individual, whom respondent
Villanueva gave the plastic sachet to, was respondent Arnel
Espiritu. Seeing this act of handing the purported plastic sachet
from one respondent to the other, police officers immediately
arrested both suspects and charged them with Violation of Section
11 of R. A. No. 9165a warrantless arrest was conducted against
the respondent. However, during inquest, the operatives failed to
submit the Chemistry Report to determine the presence of illegal
drugs
from
the
substance
allegedly
recovered
from
the
respondents.
Thus,
the
case
was
referred
for
further
investigation. During the regular preliminary investigation, only
the respondents appeared and submitted their Joint Counter
Affidavit, refuting the accusations against them.
made

This office failed to see the justification in the arrest

by PNP Operatives of the respondents. In their Joint

Affidavit, upon cursory reading thereof, it was noted that the

Police Officers, even without suspicion in good faith necessary
to establish probable cause in their minds, immediately arrested
the respondent upon mere witnessing the conveyance of one (1)
piece of plastic sachet from one person to the other. Even by
mere suspicion, actual suspicion in good faith is necessary in
order to justify a warrantless arrest. In this particular case,
nowhere can this office imply that the police officers suspected
that what was contained in the plastic sachet was a prohibited
substance. They merely went on saying that upon seeing the
exchange of plastic sachet, one operative immediately held the
left arm of one of the respondents, who turned out to be
respondent Joel Villanueva. We cannot supply surmises and
conjectures in this scenario considering that what was at stake
were the life and liberty of certain individuals, which our
Constitution, likewise, protects. Thus, to this office, the
complainant failed to substantiate their allegations necessary to
establish probable cause that a crime has been committed and that
respondents are probably guilty thereof.
WHEREFORE, it is hereby recommended that the charge of
Violation of Section 11 of R. A. No. 9165 against the respondents
be Dismissed for Lack of Probable Cause.