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SC upholds life sentence for man in shabu possession case

SUPREME Court of the Philippines
SUPREME Court of the PhilippinesDAILY TRIBUNE images
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The Supreme Court (SC) has affirmed the life imprisonment sentence of a man convicted of illegal possession of dangerous drugs, ruling that his warrantless arrest was lawful and supported by probable cause.

In a 16-page decision penned by Associate Justice Jhosep Lopez, the Court’s Second Division found Rosello Ampong guilty of violating Section 11 of Republic Act No. 9165. 

SUPREME Court of the Philippines
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He was caught in possession of 50 heat-sealed sachets of methamphetamine hydrochloride, commonly known as shabu.

In its 2014 operation, the Philippine Drug Enforcement Agency (PDEA) received intelligence that Ampong would claim a package containing illegal drugs concealed inside the inner sole of a pair of sandals. 

The parcel, sent through LBC Express, was delivered to a shopping mall.

Authorities monitored Ampong as he retrieved the package and placed it inside a red duffel bag. 

As he attempted to leave the premises, PDEA agents approached and escorted him to the mall’s security office. There, in the presence of witnesses, the package was opened, revealing 50 sachets of shabu.

Ampong denied the charges, arguing that both his arrest and the search were illegal. However, both the Regional Trial Court and the Court of Appeals upheld his conviction, citing the existence of probable cause based on the agents’ prior knowledge and surveillance.

The SC agreed, ruling that the arrest fell under a valid “hot pursuit” operation as defined under Rule 113, Section 5 of the Rules of Court. 

The justices emphasized that law enforcement officers had a sufficient factual basis to believe that Ampong had just committed an offense.

The high court further held that the search of the package was valid as an incident of a lawful arrest, in line with procedural rules requiring a legitimate arrest before a warrantless search can be conducted.

In addition, the SC noted that Ampong effectively waived his right to question the legality of his arrest. 

By failing to raise objections before arraignment, entering a plea, and actively participating in trial proceedings, he was deemed to have submitted to the court’s jurisdiction.

The ruling also affirmed that the prosecution preserved the integrity of the seized evidence. 

The drugs were properly handled, from confiscation to forensic examination and eventual presentation in court, ensuring an unbroken chain of custody.

Alongside life imprisonment, Ampong was ordered to pay a fine of P500,000.

The decision reinforces established legal standards on warrantless arrests and highlights the Court’s deference to factual findings of lower courts, absent any showing of arbitrariness or serious error.

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