That on or about the 23rd day of March 2004 in the municipality of Talibon, Province of Bohol, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, with intent of disregarding existing laws, did then and there, willfully, unlawfully, feloniously and knowingly have in his possession, custody and control dangerous drugs consisting of 0.17 gram of Methamphetamine Hydrochloride locally known as "Shabu" contained in seven (7) heat-sealed transparent plastic packs without first obtaining a permit or authority to possess the same from the proper government authority, to the damage and prejudice of the Republic of the Philippines.Īcts committed contrary to the provision of Section 11, Art. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002. In two separate informations, Evardo and Justo Algozo (Algozo), now deceased, were charged with illegal possession of dangerous drugs or violating Section 11 of Republic Act No. 9165, or the Comprehensive Dangerous Drugs Act. This Court resolves the Petition for Review 3 assailing the Decision 4 and Resolution 5 of the Court of Appeals, which affirmed the conviction 6 of petitioner Virgilo Evardo y Lopena (Evardo) for violation of Section 11 of Republic Act No. Thus, when law enforcers are predisposed to perceive guilt-as when specific persons are the targets of checkpoints, patrols, and similar operations-their subjective perception cannot anchor probable cause. Further, they must each be independently suspicious. 1 It must be founded on probable cause where "here must be a confluence of several suspicious circumstances." 2 As the cause for the search, each such circumstance must occur before the search is commenced. PEOPLE OF THE PHILIPPINES, RESPONDENT.Ī warrantless, intrusive search of a moving vehicle cannot be premised solely on an initial tip. VIRGILIO EVARDO Y LOPENA, PETITIONER, VS.
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