This case has been cited 2 times or more.
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2008-04-30 |
QUISUMBING, J. |
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| The police officers led by Chief Inspector Merced conducted a lawful entrapment operation on the petitioner who was reportedly the operator of the said illegal gambling operation. Police officers arrested petitioner while petitioner's companions got away. When SPO2 Natividad noticed a conspicuous bulge in the petitioner's pocket, he asked him to show its contents. Petitioner yielded a brown coin purse which contained a sachet of shabu. After a frisking made on the person of the petitioner, an unlicensed gun with three bullets were also confiscated. Patently, the warrantless search and seizure of the unlicensed gun, ammunition and shabu was lawfully made in plain view and as an incident to a lawful arrest. [25] | |||||
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2000-11-23 |
DAVIDE JR., C.J. |
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| Considering the reduction of the penalty herein imposed, the other contention of VICENTE that the penalty of fine should be deleted must be sustained. Section 17 of Republic Act No. 7659 does not prescribe any fine in cases involving a quantity of less than 750 grams of Indian hemp or marijuana.[16] Fine is imposed as a conjunctive penalty only if the penalty is reclusion perpetua to death.[17] In light of the foregoing disquisitions, VICENTE's other assignment of error as to the failure of the trial court to comply with the requirements of Section 3, Rule 116 of the Rules of Court must fail. | |||||