People vs. Dichoso GR No. 101216-18 June 4.1993
Facts:
Redentor Dichoso y Dagdag , the accused, appealed from June 11, 1991 of the RTC of San Pablo City where he has been convicted of the crime violating Sec. 15, Art. II and Sec. 4, Art. II of the Dangerous Drugs Act of 1972 sentencing him to suffer the penalty of reclusion perpetua with all its accessory penalties, to pay fine of P20, 000 and the cost of suit. Likewise, Jaime Pagtakhan, was also charged with illegal possession of regulated drug violating Sec.16 , Art. III of the Dangerous Drug Act . However, Sonia Dichoso y Vinerable could not be arrested because as for the words of the trial court “she cannot be located”. The
three cases were consolidated for a joint trial. In Branch 30 of the RTC San
Pablo City. According to the accused-appellant accused-appellant Redentor Dichoso, Dichoso, the said accusation of illegal possession of dangerous has been framed up or planted evidence. Aside from that, he contends that the search warrant is a general warrant which does not satisfy the particular offense which he violated, and the search conducted was unconstitutional and the items obtained inadmissible. Issues:
1. Whether or not the evidence obtained is inadmissible? inadmissible? 2. Whether or not the search warrant against them is valid? 3. Whether or not the accused-appellant was guilty beyond reasonable doubt in violating the Dangerous Drugs Act? Rulings:
In the first issue, no, because the search warrant cannot be assailed as a general warrant, it particularizes the place to be searched and the things to be seized and specifies the offense involved. Items seized are admissible. For the second one, the search warrant has been examined and found out that it was valid. Lastly, the appealed decision of the Regional Trial Court of San Pablo City is hereby modified that Redentor Dichoso y Dagdag was found guilty beyond reasonable doubt of violation of Sec. 16, Art. III of the Dangerous Drug Act of 1972. Applying the Indeterminate Sentence Law, he is hereby sentenced in each case to suffer the penalty of imprisonment ranging from eight years as minimum to twelve years as maximum, and to pay a fine of P12,000.
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