Dela Cruz vs.

People

GR No. 200748

July 23, 2014

Ponente: Sereno, CJ
FACTS:
The petitioner here was Jaime De La Cruz, a police officer, who was charged of
violation of Sec 15, Art 2 of RA 9165 or Comprehensive Dangerous Drugs Act of 2002.
According to the prosecution, the NBI received a complaint from Corazon and Charito
that Ariel, who was the live-in partner of Corazon and the son of Charito was picked up
by unknown persons whom were believed to be police officers for allegedly selling
drugs. After that, an errand boy came and gave a phone number to the complainants.
During the call, complainants were instructed to go to Gorordo Police Office wherein
they met James who demanded them money worth P100,000 which was lowered to
P40,000 in exchange of the release of Ariel. After the meeting, they went to the NBI to
file a complaint. Thus, the NBI conducted an entrapment operation. During the course of
entrapment, the officers were able to nab Jaime Dela Cruz by using a pre-marked 500
bill dusted with fluorescent powder which was made part of the amount demanded by
James and handed by Corazon. After that, petitioner Jaime was required to submit his
urine for drug testing which produces a positive result for having presence of dangerous
drug. However, petitioner denied the charge against him.
RTC and CA found the accused guilty.
Issue:
WON the drug test conducted upon the petitioner is legal
Held:
No. Drug test can be made upon persons who were apprehended or arrested
under the situations listed in Art 2 of RA 9165. It must be noted that the accused was
here was arrested in the alleged act of extortion. Extortion is not listed in Art 2 of RA
9165. Thus, drug test in Sec 15 does not cover persons apprehended or arrested for
any crime, but only for unlawful acts listed under Art 2 of RA 9165.