DAISY MAE N.

VIÑA IV- ARELLANO LEGAL COUNSELING

JAIL VISIT SUMMARY

Name : Juven Jie Matas Mondoñedo

Nickname : “Juven”
Age : 25 years old
Status : Married
Address : Purok Ubhay, Orellana, Tubod, Iligan City
Date of Detention : May 15, 2019
Case : Possession of Illegal Drugs (Violation of RA 9165)

ACCUSED’s VERSION OF THE CASE

Juven Jie (Juven for brevity) was a dispatcher for a “Tubod” Line jeepney. He

was working there almost every day. A guy named “Babor” was a neighbor, a friend of

his and a known drug user like him. He even considers Babor a “barkada”. Never did he

know that police authorities were looking for Babor not until one day.

Around 1PM near the outpost of Tubod just beneath the intersection of the traffic

light, allegedly while walking from home, going straight to approach Babor who called

him, for a moment was interrupted by two unidentified Police officers. Babor upon

identifying the police officers immediately ran and escaped, leaving Juven without a

clue. The police officers then introduced themselves and arrested Juven saying that he

was accused for possession of illegal drugs while a gun was secretly pointed on his

neck at the same time was punched on his stomach for him to crouch and lay half of his

body on the ground. He answered back saying how can he be using something in broad

daylight with people around. Instantly he was asked to come with them to the precinct.

Without hesitance proving that he is not doing something bad, he followed the

command of the policemen and followed them. Jouven was asked several questions

about “Babor” and it was Babor that they were after at. But the police officers became

frustrated of not having Babor and caught him instead.

While in the police’s custody, a drug test was conducted upon him. It gave a

“negative” result which he eventually did not see its hard copy. Then later, he was told

that he had a “positive” result. A bail was then asked from him for such possession and

until know his family has no money to produce for his bail.
OPINION

I knew from the conversation with Juven that the drug paraphernalia were

planted and used as evidence against him. Because in the spot of the arrest allegedly

there was nothing found in his body nor seen in Joven’s possession. Under Section 12

par 2 of RA 9165, possession is defined as, The possession of such equipment,

instrument, apparatus and other paraphernalia fit or intended for any of the purposes

enumerated in the preceding paragraph shall be prima facie evidence that the

possessor has smoked, consumed, administered to himself/herself, injected, ingested

or used a dangerous drug and shall be presumed to have violated Section 15 of the Act.

So therefore, it must be in the found in the body at hand by the person. In this case,

there was none found. He has not spoken nor encountered who witnessed his arrest.

The evidence seemed weak.

During the arrest, if it was based on a warrantless arrest, it is not valid. Because

it seemed like if it is possession it must be seen on hand by Joven. As the law says, the

following requisites must be satisfied:

1. When, in his presence, the person to be arrested has committed, is actually

committing, or is attempting to commit an offense;

2. When an offense has just been committed and he has probable cause

to believe based on personal knowledge of facts or circumstances that the person

to be arrested has committed it;

3. When the person to be arrested is a prisoner who has escaped from

a penal establishment or place where he is serving final judgment or is temporarily

confined while his case is pending, or has escaped while being transferred from one

confinement to another

4. Hot pursuit

In the present case, it is evident that the location of the arrest itself is broad day

light, there must be a witness that an exchange of drugs is taking place. But there was

no witness, that is why as of the moment, the case was still not arraigned because

probable cause has not yet been established.

 If the basis will be hot pursuit, the drug paraphernalia must be present on the

crime scene. In such case, allegedly it was found after he was arrested. It is again, not

an attending pre requisite to a valid warrantless arrest.

If it was true that a gun was pointed at him, it is unlawful that he would be treated

that way because there was no resistance in Joven’s part. He could have been told of

the violation the he incurred nor he be advised of what should be done to capture Babor

because he is willing to cooperate just to pinpoint the whereabouts of Babor.

I believe that this inmate be found not guilty for having not establish probable

cause and thereby be released.