PEOPLE vs. PENAFLORIDA
Facts: SPO3 Vicente Competente narrated that in his capacity as chief of the Investigation and Operation Division of the PNP station in Tigaon, Camarines Sr, that he received a tip from an asset that a !nd"e of mari#ana $as !eing transported !y appe""ant to %yon&hyon from another !arangay in Tigaon, Camarines Sr' (a#or Domingo )gravante, chief of po"ice in Tigaon, then organi*ed a team composed of Competente as team "eader, SPO+ Ca""o, SPO Portga", PO3 Pi""os and PO+ -dgar .atam' The team !oarded the po"ice mo!i"e car and proceeded to Sitio Nas"an in /arangay %yon&hyon' They overtoo0 appe""ant $ho $as on a !icyc"e' The po"ice officers f"agged appe""ant do$n and fond mari#ana $rapped in a ce""ophane and ne$spaper together $ith other grocery items' The amont of P112'22 $as a"so fond in appe""ants possession' The po"ice officers confiscated these items and too0 photographs thereof' )ppe""ant $as then !roght to the head4arters $here he $as !oo0ed' (a#or .or"ie )rroyo, a forensic chemist at the PNP Crime .a!oratory 5egiona" Office No' V, $as presented as an e6pert $itness to identify the s!#ect mari#ana "eaves' She re"ated that after ta0ing a representative samp"e from the 7+8&gram confiscated dried "eaves, the same $as tested positive of mari#ana' )ppe""ant denied the accsations against him' That on his $ay home, they met /oyet O!ias 9O!ias $ho re4ested appe""ant to !ring a pac0age $rapped in a ne$spaper to ;immy =+1, other$ise 0no$n as The Dangeros Drgs )ct of 7?+, hence, the instant case is no$ !efore this Cort on atomatic revie$' In assai"ing his conviction, appe""ant s!mits that there is do!t that he had free"y and conscios"y possessed mari#ana' One of the isses raised is that, pon receipt of the information from the asset, the po"ice officers sho"d have first investigated and tried to o!tain a $arrant of arrest against appe""ant, instead of ar!itrari"y arresting him' Isse: @hether or not the contention of the appe""ant is tena!"eA 5"ing: No' The po"ice $as tipped off at arond :22pm that appe""ant $as transporting mari#ana to %yon&hyon' Certain"y, they they had no time to secre an arrest $arrant as appe""ant $as a"ready in transit and a"ready committing a crime' The arrest as effected after appe""ant as caght in f"agrante de"icto' %e $as seen riding his !icyc"e and carrying $ith him the contra!and, hence, demonstrating that a crime $as then a"ready !eing committed' Bnder the circmstances, the po"ice had pro!a!"e case to !e"ieve that appe""ant $as committing a crime' Ths, the $arrant"ess arrest is #stified' )rtic"e II, Section = of 5) No' >=+1, as amended !y 5) No ?>17, states: Sec' =' Sa"e, )dministration, )dministration, De"ivery, Distri!tion and Transportation of Prohi!ited Drgs The pena"ty of rec"sion perpeta to death and a fine ranging from five hndred thosand pesos to ten mi""ion pesos sha"" !e imposed pon any person $ho, n"ess a thori*ed !y "a$, sha"" se"", administer, de"iver, give a$ay to another, distri!te, dispatch in transit or transport any prohi!ited drg, or sha"" act as !ro0er in any of sch transactions' 6 6 6' ;risprdence defines transportE as to carry or convey from one p"ace to another'E In the instant case, appe""ant $as riding his !icyc"e $hen he $as caght !y the po"ice' %e admitted that he $as a!ot to convey the pac0age, $hich contained mari#ana, to a certain ;immy =+1 !y mere possession of a prohi!ited drg $ithot "ega" athority' Intent, motive or 0no$"edge thereof is not necessary Fina""y, the "o$er corts correct"y sentenced appe""ant to sffer the pena"ty of rec"sion perpeta and to pay a fine of one mi""ion pesos !y virte of the amendment to Section =, 5) No' >=+1 !y 5) No' ?>17' TCs decision is affirmed'