April 2016 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
G.R. No. 190466, April 18, 2016 - LUIS DERILO Y GEPOLEO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
SECOND DIVISION
G.R. No. 190466, April 18, 2016
LUIS DERILO Y GEPOLEO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
D E C I S I O N
BRION, J.:
We resolve the appeal, filed by accused-appellant Luis Derilo y Gepoleo (petitioner), from the September 25, 2009 decision1 and the December 8, 2009 resolution2 of the Court of Appeals (CA) in CA-G.R. CR No. 31602.
The appealed decision affirmed the January 18, 2008 decision3 of the Regional Trial Court (RTC), Branch 65, Sorsogon City, finding the petitioner guilty beyond reasonable doubt of violation of Sections 11 and 12, Article II of Republic Act (RA) No. 9165,4 and sentencing him as follows: for Criminal Case No. 04-711 - imprisonment of twelve (12) years and one (1) day, as minimum, to twenty (20) years, as maximum, and to pay a fine of P300,000.00; and for Criminal Case No. 04-712 - imprisonment of six (6) months and one (1) day, as minimum, to four (4) years, as maximum, and to pay a fine of P10,000.00.
On November 19, 2004, at around 6:00 A.M., a team of police officers, led by SPO1 Sonny Evasco, conducted a police operation to serve a search warrant5 at the residence of the petitioner located in Lay-a, Gate, Bulan, Sorsogon.6 The police officers coordinated with the barangay captain of Gate who, in turn, sent two barangay tanods - Basilio Gueta and Santiago Espa