Tuesday, September 20, 2016

SC acquits drug convict over warrantless arrest | Metro, News, The Philippine Star | philstar.com



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MANILA, Philippines - The Supreme Court (SC) has acquitted a man convicted by a trial court for illegal drug possession after he was apprehended at a police checkpoint without a warrant of arrest in 2007.

In an 11-page decision released yesterday, the high court’s First Division ordered the dismissal of drug charges against Gerr­jan Manago.

The SC set aside the 2013 ruling of the Court of Appeals (CA), which affirmed the conviction of Manago for possession of illegal drugs under Republic Act 9165 by the Cebu City Regional Trial Court.

“Routine inspections do not give police officers discretion to conduct warrantless searches in the absence of probable cause,” read the SC ruling penned by Associate Justice Estela Perlas-Bernabe.

In 2009, Manago was found guilty by the lower court of possession of 0.3852 gram of shabu and sentenced him to 12 years in prison.

The court also ordered Manago to pay a fine of P300,000.

The case reached the CA, which affirmed Manago’s conviction, prompting him to elevate the case to the high court.

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