SC convicts man for operating drug den

CEBU, Philippines -  The Supreme Court has affirmed the decision of the lower courts finding an alleged drug pusher guilty for violating the Comprehensive Dangerous Drugs Act for maintaining a drug den in his house.

The Sc found no error on the part of the Regional Trial Court and Court of Appeals in convicting Andrew Lopez of South Poblacion, San Fernando.

“Wherefore, the decision of the Court of Appeals in CA-G.R. CEB-CR-H.C. No. 00998, finding appellant guilty beyond reasonable doubt of the crime of maintenance of a drug den, is affirmed,” the high court said.

He added that the RTC has correctly imposed a penalty of life imprisonment and a fine of half million against Lopez.

Lopez has appealed the decision of the CA citing that the appellate court erred in affirming the judgment of the RTC convicting him for violation of Section 6, Article II of Republic Act 9165.

The accused-appellant claimed that he was not living in the subject house allegedly used as a drug den, where any dangerous drugs is used or sold in any form, as he is residing in Liloan.

The house searched by the police was owned by his mother and leased to a certain Wengweng, added Lopez.

The SC, however, said it did not delve into the allegation of Lopez as the RTC and CA both ruled that he resided in that house from the time of surveillance conducted by the police officers to the test-buy and even up to the implementation of the search warrant.

The police said Lopez was able to escape when the warrant was implemented.

According to Lopez, the search was illegal and the items seized were inadmissible as evidence because the search was conducted without his presence.

The SC, however, said “obviously, the search could not have been conducted in his presence in view of his escape upon the approach of the police.”

The SC noted the findings of the RTC and CA that the search was conducted in the presence of two representatives of the barangay, as well as the appellant’s brother who signed and received a copy of the receipt of the seized property.

The evidence recovered from the house and the test-buy, according to SC, supported the reports that Lopez maintained a drug den.

“It may be pointed out that the surveillance was initiated based on reports to the police that appellant used his residence as a drug den. What bolstered this report was the successful test-buy in the house, where appellant himself sold shabu to the civilian asset of the police. The discovery of the 26 packs of shabu, together with drug paraphernalia, in the residence of appellant by virtue of the search warrant ultimately settled the question of whether or not he maintained a drug den,” the notice reads. —/NSA (FREEMAN)