CA upholds 15-year jail term for man with drugs

CEBU, Philippines – The Court of Appeals has affirmed the conviction of a man for possession of illegal drugs and his penalty of 15 years imprisonment.

Associate Justice Jhosep Lopez found no sufficient reason to reverse the Regional Trial Court decision finding Jason Sarmiento guilty of illegal possession of dangerous drugs.

The appellate court sustained the validity of the arrest of Sarmiento despite the absence of the warrant. According to Lopez, the arrest of Sarmiento was valid because he was previously tagged in another crime.

"There was sufficient reason to justify a warrantless arrest. The search and subsequent seizure of the marijuana in question was lawful and valid, being incidental to a lawful arrest," Lopez ruled.

Sarmiento was meted 15 years imprisonment and P300,000 fine after he was found guilty of possession of marijuana. He appealed his conviction citing alleged error by the trial court.

Sarmiento was arrested on September 20, 2011 at around 1:20 p.m. at the corner of Sanciangko and Osmeña Boulevard in Cebu City after he was identified as one of three suspected snatchers.

The victim, Roy Apor, positively identified Sarmiento as one of the three suspects who grabbed his necklace. Apor's complaint led to Sarmiento's arrest and the subsequent seizure of marijuana in his possession. — Mylen P. Manto/FPL (FREEMAN)