Collado y Pitil v. People

FIRST DIVISION

[G.R. No. 215499. March 18, 2015.]

CYNUFF COLLADO Y PITIL, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, First Division, issued a Resolution dated March 18, 2015which reads as follows:

"G.R. No. 215499 (Cynuff Collado y Pitil v. People of the Philippines). — The petitioner's motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.

After a judicious perusal of the records, the Court resolves to DENY the instant petition and AFFIRM the April 29, 2014 Decision 1 and November 17, 2014 Resolution 2 of the Court of Appeals (CA) in CA-G.R. CR No. 35361 for failure of Cynuff Collado y Pitil (petitioner) to show that the CA committed any reversible error in affirming his conviction for Illegal Possession of Dangerous Drugs punishable under Section 11, Article II of Republic Act No. (RA) 9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002."

As correctly held by the CA, all the elements in the prosecution for illegal possession of dangerous drugs were established, as in fact, the plastic sachets containing shabu were found in the hands of petitioner after a search on his person was made. Neither was the in flagrante delicto arrest unlawful, since the offense was committed in the presence of the arresting officer who personally witnessed the same, thus, dispensing with the need for a warrant. 3 Lastly, it is settled that when the integrity and evidentiary value of the drugs seized were shown to have been duly preserved, as in this case, the failure to strictly follow the directives of Section 21 of RA 9165 is not fatal and will not render the evidence inadmissible. 4

SO ORDERED." SERENO, C.J., on official travel; JARDELEZA, J., designated acting member per S.O. No. 1952 dated March 18, 2015.

Very truly yours,

 

(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court

Footnotes

1. Rollo, pp. 73-83. Penned by Associate Justice Jane Aurora C. Lantion with Associate Justices Vicente S.E. Veloso and Nina G. Antonio-Valenzuela, concurring.

2. Id. at 96-97.

3. See Rebellion v. People, 637 Phil. 339 (2010).

4. Marquez v. People, G.R. No. 197207, March 13, 2013, 693 SCRA 468, 474.