Dela Cruz v. People

Facts:

NBI received a Complaint from Corazon Absin (Corazon) and Charito Escobido (Charito). According to them, Ariel Escobido (Ariel), the live-in partner of Corazon and son of Charito, was picked up by several unknown male persons believed to be police officers for allegedly selling drugs. An errand boy gave a number to the complainants, and when the latter gave the number a ring, they were instructed to proceed to the Gorordo Police Office located along Gorordo Avenue, Cebu City. In the police office, “James” demanded 40,000 pesos in exchange for the release of Ariel. Charito received calls instructing her to bring the money as soon as possible.

The special investigators at the NBI-CEVRO verified the text messages received by the complainants. A team was immediately formed to implement an entrapment operation inside a Jollibee branch at the corner of Gen. Maxilom and Gorordo Avenues, Cebu City. 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. Petitioner was required to submit his urine for drug testing which yielded positive results.

RTC found the accused guilty beyond reasonable doubt of violating Section 15, Article II of RA 9165. Petitioner filed an appeal. The CA found the appeal devoid of merit and affirmed the ruling of the RTC. An MR was filed but was also denied.

Issue:

 Whether or not the drug test conducted is legal.

Held:

According to the Court, drug test conducted upon petitioner is not grounded upon any existing law or jurisprudence. A drug test can be made upon persons who are apprehended or arrested for, among others, the "importation," "sale, trading, administration, dispensation, delivery, distribution and transportation", "manufacture" and "possession" of dangerous drugs and/or controlled precursors and essential chemicals; possession thereof "during parties, social gatherings or meetings"; being "employees and visitors of a den, dive or resort"; "maintenance of a den, dive or resort"; "illegal chemical diversion of controlled precursors and essential chemicals"; "manufacture or delivery" or "possession" of equipment, instrument, apparatus, and other paraphernalia for dangerous drugs and/or controlled precursors and essential chemicals; possession of dangerous drugs "during parties, social gatherings or meetings"; "unnecessary" or "unlawful" prescription thereof; "cultivation or culture of plants classified as dangerous drugs or are sources thereof"; and "maintenance and keeping of original records of transactions on dangerous drugs and/or controlled precursors and essential chemicals." Hence, admissible.