Janitor gets 12 years for selling marijuana

CEBU, Philippines - The appellate court has affirmed the conviction of former janitor of Lipata Elementary School for peddling illegal drugs within the vicinity of the school.

Associate Justice Edgardo delos Santos found no reason to reverse the ruling of the trial court finding Jose Jaime Dioko guilty of illegal possession of 29 hand rolled marijuana sticks.

“This court finds the conviction of herein accused-appellant for illegal possession of drugs is therefore in order,” the decision reads.

Delos Santos likewise affirmed the penalty imposed against Dioko of 12 years and one day to 15 years imprisonment and a fine of P300,000.

Dioko questioned the conviction. He said the trial court made a mistake in convicting him as there was no probable cause for the police to arrest him because he was merely talking with students.

“Thus, the defense strongly argues that the arrest was invalid and, consequently, the evidence seized is inadmissible,” accused-appellant said in his appeal.

However, delos Santos disagreed with the contention of Dioko.

He said Dioko did not question his arrest by filing a motion to quash Information and did not raise the issue of the warrantless arrest.

He was arrested on October 25, 2004 at 1:30 p.m. in Lipata Central School, barangay Lipata, Minglanilla town.

Police officers assigned at the Minglanilla Police Station said they received a call from an alleged immediate family of the accused-appellant that he was selling marijuana in the vicinity of the school.

They verified the report. They said they saw accused-appellant surrounded by students and seemed to be offering sticks of marijuana.

The police said they asked Dioko if he was selling drugs.                He replied that what he had in his possession was for personal use.

SPO4 Ernesto Navales frisked Dioko and found 29 hand-rolled marijuana sticks.

During interrogation, Dioko admitted he got the marijuana from his house. He said he grew his own marijuana plants.

The police went to Dioko’s house in Spring Valley, Pakigne, Minglanilla and uprooted three full grown marijuana plants.  (FREEMAN)