Court of Appeals upholds man’s drug conviction

CEBU, Philippines - The Court of Appeals 18th division has affirmed the conviction of a man for illegal possession of dangerous drugs.

Associate Justice Edgardo delos Santos found no mistake in the trial court’s decision holding Ronald Sumalinog, a resident of Barangay Pasil, Cebu City, liable for violation of Section 11, Article II of Republic Act 9165 known as Comprehensive Dangerous Drugs Act.

“All told, this court holds that the seized packets of “shabu” are admissible as evidence and could not be considered as fruits of a poisonous tree. Wherefore, foregoing told, the instant appeal is denied for lack of any reversible error. The 13 May 2011 Decision of the Regional Trial Court, Branch 57, Cebu City is affirmed,” the decision reads.

Eight years ago, operatives of the Investigation and Detective Management Branch  of the Cebu City Police Office conducted an intelligence monitoring in Barangay Pasil where alleged illegal gambling machines, such as video karera and moli-moli, were rampant.

The police said that in plain view, they saw a man playing moli-moli inside a two-storey house with a wide open main door exposing its sala. The man was later identified as Sumalinog.

After Sumalinog won in the moli-moli game, police officers went inside the house and introduced themselves and immediately arrested him for violation of Presidential Decree 1602.

The police frisked Sumalinog and found a small clear plastic containing shabu. Sumalinog was arrested for PD 1602 and illegal possession of shabu.

Sumalinog denied the accusations filed against him. He claimed the evidence allegedly seized from his possession was planted.

But with the foregoing, the appellate court ruled in favor of the prosecution, saying it was able to prove that Sumalinog was guilty beyond reasonable doubt.

Sumalinog was sentenced to imprisonment from 12 years to 15 years and was ordered to pay P300,000. (FREEMAN)