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* THIRD DIVISION.
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VELASCO, JR., J.:
Assailed and sought to be set aside in this petition for
review under Rule 45 are the December 28, 2011 Decision1
and
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By Order of September 19, 2006, the MeTC classified the
cases as falling under, thus to be governed by, the Rule on
Summary Procedure.
When arraigned, petitioner, as accused, pleaded Not
Guilty to both charges.
During the trial of the two consolidated cases, the
prosecution presented in evidence the oral testimonies of
SPO4 Efren Bodino (Bodino),7 PO2 Emanuelle Parungao8
and Ms. Laura
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The petition is meritorious.
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18 Rollo, p. 45.
19 People v. Dela Cruz, G.R. No. 175929, December 16, 2008, 574
SCRA 78, 90.
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20 People v. Laxa, G.R. No. 138501, July 20, 2001, 361 SCRA 622.
21 Tan v. People, G.R. No. 148194, April 12, 2002, 381 SCRA 74
Olimpio Pangonorom Metro Manila Transit Corporation v. People, G.R.
No. 143380, April 11, 2005, 455 SCRA 211.
22 Balais v. Abuda, A.M. No. R565P, November 27, 1986, 146 SCRA
56.
301
Instead of requiring the vehicles occupants to answer
one or two routinary questions out of respect to what the
Court has, in Abenes v. Court of Appeals,23 adverted to as
the motorists right of free passage without [intrusive]
interruption, P/Insp. Aguilar, et al. engaged petitioner in
what appears to be an unnecessary conversation and when
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302
Panos above account ironically finds in a way
collaboration from the arresting officers themselves who
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xxxx
That we arrested the suspect, Edmund Sydeco y Siozon xxx for
violation of RA 4136 (Driving under the influence of liquor), and
violation of Article 151 of the RPC (Resisting Arrest) x x x
committed on or about 3:30 AM, June 11, 2006 along xxx Malate,
Manila. x x x He began to raise his voice and converse with us
rudely without considering that we are in uniform, on duty and
performing our job. P/INSP Manuel Aguilar pointed out that we
saw him swerving and driving under the influence of liquor that
was why we are inviting him to our police station in which
our intention was to make him rest for a moment before he
continue to drive. xxx (Emphasis added)
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303
Swerving is not necessarily indicative of imprudent
behavior let alone constitutive of reckless driving. To
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Going over the records, it is fairly clear that what
triggered the confrontational standoff between the police
team, on one hand, and petitioner on the other, was the
latters refusal to get off of the vehicle for a body and
vehicle search juxtaposed by his insistence on a plain view
search only. Petitioners twin gestures cannot plausibly be
considered as resisting a lawful order.28 He may have
sounded boorish or spoken crudely at
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27 Records, p. 491.
28 Abenes v. Court of Appeals, supra note 23.
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29 Reyes, The Revised Penal Code, Book II, 18th ed., p. 154 (2008).
30 1987 Constitution of the Republic of the Philippines, Article III,
Section 2.
The right of the people to be secure in their persons, houses, papers,
and effects against unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to be seized.
31 Ynot v. IAC, No. L74457, March 20, 1987, 148 SCRA 659.
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At the outset, the records of the case show that the same were
not testified upon by the doctor who issued it. Instead, the
Records Custodian of the Ospital ng Maynila was presented by
the Prosecution to testify on the said documents.
However, although the doctor who examined the accused was
unable to testify to affirm the contents of the Medical Certificate
he issued (re: that he was found to have an alcoholic breath), this
court finds that the observation of herein private complainants as
to the accuseds behavior and condition after the incident was
sufficient.
307
In sum, the MeTC, as echoed by RTC and CA later, did
not rely on the medical certificate Dr. Balucating issued on
June 12, 2006 as to petitioners intoxicated state, as the
former was not able to testify as to its contents, but on the
testimony of SPO4 Bodino, on the assumption that he and
his fellow police officers were acting in the regular
performance of their duties. It cannot be emphasized
enough that smelling of liquor/alcohol and be under the
influence of liquor are differing concepts. Corollarily, it is
difficult to determine with legally acceptable certainty
whether a person is drunk in contemplation of Sec. 56(f) of
RA 4136 penalizing the act of driving under the influence
of alcohol. The legal situation has of course changed with
the approval in May 2013 of the AntiDrunk and Drugged
Driving Act of 2013 (RA 10586) which also penalizes
driving under the influence of alcohol (DUIA),33 a term
defined under its Sec. 3(e) as the act of operating a motor
vehicle while the drivers blood alcohol concentration level
has, after being subjected to a breath analyzer test reached
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