FIRST DIVISION
[G.R. No. 243850. June 26, 2019.]
ASRAP ISRAEL y BANDA, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 26, 2019which reads as follows:
"G.R. No. 243850 (Asrap Israel y Banda 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 frin the expiration of the reglementary period.
After review of the records, this Court resolves to DENY the petition for failure of the petitioner to sufficiently show that the Court of Appeals (CA) committed any reversible error in its November 21, 2018 Decision 1 in CA-G.R. CR No. 01594-MIN, as to warrant the exercise of the Court's appellate jurisdiction.
As correctly held by the CA, there was a valid warrantless arrest considering that petitioner was arrested at a checkpoint while committing the crime of illegal possession of dangerous drugs. It ruled that there existed justifiable reason to stop and frisk petitioner after the policemen saw him acting uneasily and constantly inserting and removing an object from his waist. 2 Apparently, petitioner exhibited overt acts that gave the police officers genuine reason to ask or compel him to show what he was hiding under his shirt. 3 Petitioner's suspicious acts constituted probable cause to justify a reasonable belief on the part of the law enforcers that a crime was being committed. 4 HTcADC
Also, the prosecution was able to establish the elements of the crime charged, as well as an unbroken link in the chain of custody. The one sachet of shabu was immediately inventoried and photographed right after the confiscation in the presence of the media representative and two councilors. 5 The same sachet of shabu had been marked and subjected to inventory, brought to the crime laboratory, examined by the forensic chemist and presented to court as evidence. 6 Thus, this Court finds no reversible error in the CA's findings. The assailed ruling must be affirmed.
WHEREFORE, the petition is DENIED. The November 21, 2018 Decision of the Court of Appeals in CA-G.R. CR No. 01594-MIN is AFFIRMED. CAIHTE
SO ORDERED."Jardeleza, J., on official leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 135-146; penned by Associate Justice Ruben Reynaldo G. Roxas, with Associate Justices Edgardo A. Camello and Evalyn M. Arellano-Morales, concurring.
2.Id. at 141.
3.Id.
4.Id. at 141-142.
5.Id. at 144.
6.Id.