Man gets 15 years in jail for marijuana possession

Saying that the arrest was proper even without a warrant, the Regional Trial Court sentenced a man to 15 years in jail for possession of marijuana.

In convicting Adel Bacalan, Judge Gabriel Ingles said that the admission of the accused that he tried to evade the policemen had established a valid warrantless arrest while Bacalan was committing a crime in or flagrante delicto.

Bacalan admitted in court that he sped away when policemen tried to stop him and his companion for their failure to wear a helmet while on board a motorcycle. Upon being frisked, policemen discovered a film container with five sticks of marijuana.

In his decision, Ingles said Bacalan''s admission clearly established that the police validly arrested the accused without a warrant, while the accused was committing an offense in or flagrante delicto, "thus, it is not difficult to believe that the warrantless search upon the person of the accused followed as a matter of course."

Because of this, Ingles said the warrantless search and body frisking were proper and were incidents to a valid, through warrantless arrest.

As regards Bacalan''s allegations that the arresting officers planted the marijuana on him, the court was unconvinced. Ingles said the testimonies of the arresting officers had corroborated on material points and remained consistent despite cross-examination.

Ingles said that if the arresting officers were angry at having to chase Bacalan, they could have filed a case against the driver, thus, no evidence was offered to establish any illegal consideration.

Ingles further said that no improper or ill-motive was established by clear and convincing evidence for the police officers to falsely accuse Bacalan of the charge. - Joeberth M. Ocao/QSB