CA backs man’s drug conviction

CEBU, Philippines - The Court of Appeals in Cebu has affirmed the conviction of a man charged for illegal possession of dangerous drugs.

 In a decision penned by Associate Justice Jhosep Lopez, the CA found no strong reason to reverse the judgment of the trial court finding Jason Sarmiento guilty beyond reasonable doubt of the offense charged.

 “We find no cogent reason to overturn accused-appellant's conviction. There was sufficient reason to justify a warrantless arrest. The search and subsequent seizure of the marijuana in question was lawful and valid, being incidental to a lawful arrest,” the decision read.

 Sarmiento appealed his conviction before the CA, claiming the trial court erred in convicting him and sentencing him to 15 years imprisonment and a fine of P300,000.

 He alleged the prosecution failed to prove his guilt beyond reasonable doubt.

 The CA, however, ruled that the evidence and the witnesses presented by the prosecution were sufficient enough to convict Sarmiento.

 Sarmiento was arrested on September 20, 2011 at around 1:20 p.m. at the corner of Sanciangko and Osmeña Boulevard, Cebu City, for illegal possession of dangerous drugs.

Sarmiento was frisked after he was identified as one of the three perpetrators who snatched the necklace of a certain Roy Apor.

Police claimed they seized marijuana from Sarmiento’s possession but the latter said it was planted by the police.

 The CA ruled the warrantless arrest of the appellant is valid contrary to his contention.

 “Here, there is no bad faith that can be seen from the act of the police officers. At around 11:35 a.m. on 20 September 2011, PO3 Victorioso and his companions SPO3 Hortelano, SPO4 Babiera, PO3 Sanchez, and PO3 Mahinay, went out of the police station in order to respond to a theft alarm at Osmeña Boulevard,” the decision read.  (FREEMAN)