The Supreme Court (SC) has affirmed the life imprisonment sentence of a man convicted of illegal drug possession, ruling that his warrantless arrest was lawful and supported by probable cause.
In a 16-page decision, the Court’s Second Division found Rosello Ampong guilty of violating the Comprehensive Dangerous Drugs Act of 2002. Ampong was arrested in 2014 after he was caught with 50 heat-sealed sachets of suspected shabu.
The ruling, written by Associate Justice Jhosep Lopez, detailed a Philippine Drug Enforcement Agency (PDEA) operation initiated after agents received intelligence that Ampong would claim a package containing drugs hidden inside the soles of a pair of sandals.
Authorities monitored Ampong as he retrieved the parcel from an LBC Express branch at a shopping mall and placed it inside a duffel bag. PDEA agents intercepted him as he attempted to leave and escorted him to the mall’s security office.
A subsequent search in the presence of witnesses revealed the hidden drugs.
Ampong had challenged the conviction, arguing that both the arrest and search were illegal. However, the high court upheld the findings of the Regional Trial Court and the Court of Appeals, ruling the arrest was a valid “hot pursuit” under the Rules of Court.
The justices stressed that law enforcement had a sufficient factual basis to believe Ampong had just committed an offense. The court further held that the search of the package was a valid incident to a lawful arrest.
The Supreme Court also cited that Ampong effectively waived his right to question the legality of the arrest by failing to object before his arraignment and by participating in the trial.