Philippine Supreme Court Resolutions

G.R. No. 184544 - NASSER SAID, petitioner -versus- PEOPLE OF THE PHILIPPINES, respondent.

  RESOLUTION 

This is a Motion for Reconsideration filed by petitioner Nasser Said against our Resolution,^[1] dated November 24, 2008, which denied his petition for failing to show any reversible error committed by the Court of Appeals in affirming his conviction for illegal possession of shabu. The petitioner, through counsel, argues that his conviction should be re-examined in light of circumstances showing that his plea of guilt was entered improvidently, and considering too that he was illegally arrested.

In her Comment,^[2]  the Solicitor General, representing the People, prayed that the motion be denied for lack of merit.

We deny the motion.

First, we have already passed upon the validity of the petitioner's plea of guilt when we denied the petition. The records in this respect show that the petitioner's plea of guilt was in full accord with the prescribed procedure under Section 1, Rule 116 (Arraignment and Plea) of the Rules of Court.

Second, any objection to the arrest or acquisition of jurisdiction over the person of the accused must be made before entering a plea, otherwise the objection is deemed waived.^[3]

ACCORDINGLY, premises considered, the Motion for Reconsideration is hereby DENIED, no substantial arguments having been raised to warrant a reconsideration of the denial of the petition.

Let entry of judgment be made in due course.

SO ORDERED.

Very truly yours,

(Sgd.) WILFREDO V. LAPITAN
  Asst. Clerk of Court

Endnotes:

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^[1] Rollo, p. 121.

^[2] In compliance with our Resolution dated March 25, 2009. 

^[3] People v. Ayangao, G.R. No. 142356, April 14, 2004, 427 SCRA 428.