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DECISION
The Case
The Defense presented each of the accused’s mother, Commented [Office2]: infra
who testified that the accused AAA, BBB, and CCC were aged
fourteen (14), sixteen (16), and seventeen (17) years old,
respectively. The three accused were also presented and each
denied the charges brought against them, testifying that the
cigarettes they were smoking were altered with marijuana.
The Issues
e.g
they must not be called accused but children in conflict with
The Court’s Ruling the law
The elements for the illegal possession of dangerous Commented [Office6]: Use jurisprudence as basis for
elements
drugs under Section 13, Article II, of Republic Act 9165 are:
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Decision
People v. AAA, BBB, and CCC
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(3) the free and conscious possession of the drug by the
accused;
All the elements are present in this case. Commented [Office7]: How? Isa isa
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People v. AAA, BBB, and CCC
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The warrantless arrest being valid, the search that
proceeded thereafter, which yielded to the discovery of the
twenty (20) grams of marijuana, was also valid.
3
People v. Pasion, G.R. No. 203026, 28 January 2015
4
People v. Cerdon, G.R. No. 201111, 6 August 2014
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People v. AAA, BBB, and CCC
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convincing evidence that the police officers did not properly
perform their duties or that they were prompted with ill
motive.5
proper performance of the police officers of their official duty. Pero I think, not.
In drug-related cases, that presumption of regularity can only So dapat may justifications, etc why not comploied with.
arise if the police officers faithfully observed the chain of Discuss this saka pa lang papasok si substantial compliance.
custody rule, as demanded by Section 21, Article II, of If ako magrule, acquit ko yan. Kasi not complied with, tapos
Republic Act 9165. Thus, in People v. Barte,7 the Supreme no justification sa testimony.
5
Pasion, Supra, Note 3
6
People v. Pavia, G.R. No. 202687, 14 January 2015
7
G.R. No. 179749, 1 March 2017
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People v. AAA, BBB, and CCC
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confiscation, conduct a physical inventory of the seized
items and photograph the same in the presence of the
accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or
counsel, with an elected public official and a representative
of the National Prosecution Service or the media who shall
be required to sign the copies of the inventory and be given
a copy thereof: Provided, That the physical inventory and
photograph shall be conducted at the place where the
search warrant is served; or at the nearest police station or
at the nearest office of the apprehending officer/team,
whichever is practicable, in case of warrantless
seizures: Provided, finally, That noncompliance of these
requirements under justifiable grounds, as long as the
integrity and the evidentiary value of the seized items are
properly preserved by the apprehending officer/team, shall
not render void and invalid such seizures and custody over
said items.
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Decision
People v. AAA, BBB, and CCC
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finding that the matter in question is what the proponent
claims it to be.8
of custody over the dangerous drug must be shown to Ang gusto mo ba sabihin ay ang corpus delicti ay ang
establish the corpus delicti.9 presentation
8
Malillin v. People, G.R. No. 172953, 30 April 2008
9
People v. Hementiza, G.R. No. 227398, 22 March 2017
10
G.R. No. 213607, 25 January 2016
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People v. AAA, BBB, and CCC
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Criminal Liability of the
Individual Accused
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People v. AAA, BBB, and CCC
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A child above fifteen (15) years but below eighteen
(18) years of age shall likewise be exempt from criminal
liability and be subjected to an intervention program, unless
he/she has acted with discernment, in which case, such child
shall be subjected to the appropriate proceedings in
accordance with this Act.
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Decision
People v. AAA, BBB, and CCC
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time of the commission of offense, the evidence showed that
both acted with discernment. Commented [Office22]: How, show it
11
Section 4[j], A.M. No. 02-1-18-SC, or the Rule on Juveniles in Conflict with the
Law, 24 November 2009
12
G.R. No. 40176, 3 May 1934
13
Page 235, Revised Penal Code Book 1, JBL Reyes, 2017 Edition
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Decision
People v. AAA, BBB, and CCC
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in People v. Bon,14 the penalty imposable can only be
reclusion perpetua. The accused shall have the benefit of the
privilege mitigating circumstance of minority, hence the
penalty shall be one degree lower, or reclusion temporal,
which is a divisible penalty. Thus, the two accused BBB and
CCC, aged sixteen (16) and seventeen (17), shall each suffer
the penalty of prision mayor medium as minimum up to
reclusion temporal medium as the maximum.
No pronouncement as to cost.
SO ORDERED.
KGM/14-May-2018
14
G.R. No. 166401, 30 October 2006
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People v. AAA, BBB, and CCC
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