Sangca v. City Prosecutor of Cebu
REITERATIONFacts
1. The Antecedents: Lovely Impal Adam was arrested and detained for alleged violation of Section 5, Article 2 of Republic Act No. 9165, the Dangerous Drugs Act of 2002. The arrest stemmed from an entrapment operation conducted by the Philippine Drug Enforcement Agency (PDEA) based on information that Adam was involved in illegal drug trafficking. During the operation, an undercover operative allegedly purchased a sachet of shabu from Adam. Adam, however, denies the charge, claiming she was framed and that the circumstances of her arrest were intertwined with another individual's arrest. 2. Procedural History: Following her arrest, an information was filed against Adam charging her with violation of R.A. No. 9165. The inquest prosecutor initially recommended dismissal, but this was disapproved by the City Prosecutor. A petition for review before the Department of Justice (DOJ) led to a finding of no probable cause by Secretary Raul M. Gonzalez, who directed the withdrawal of the information. The PDEA's motion for reconsideration was denied. The Regional Trial Court (RTC), Branch 58, Cebu City, after reviewing the case and noting the absence of essential elements like proof of payment in the buy-bust operation, granted the motion to withdraw the information and ordered Adam's release unless held for another valid ground. The trial judge issued an order on January 26, 2007, granting the motion to withdraw and ordering the accused's immediate release. 3. The Petition: Petitioner Anisah Impal Sangca filed the instant petition for a writ of habeas corpus, seeking the release of Lovely Impal Adam. The petition was filed after Adam had already been released from detention by order of the Regional Trial Court on January 26, 2007. Consequently, the Supreme Court found the petition to have become moot and academic, leading to its dismissal.
Issue(s)
Whether the petition for habeas corpus has become moot and academic. Whether there was probable cause to file the information for violation of R.A. No. 9165.
Ruling
The petition is DISMISSED. The case has become moot and academic as the detained person, Lovely Impal Adam, has already been released by order of the trial court.
Ratio Decidendi
On the issue of mootness: The Court noted that records show Lovely Impal Adam had already been released upon the trial judge's order on January 26, 2007. A writ of habeas corpus is designed to inquire into all manner of involuntary restraint and to relieve a person from illegal confinement. Its singular function is to protect and secure the basic freedom of physical liberty. Since the detention has ceased, the petition for habeas corpus has become moot and academic, as there is no longer any illegal restraint to inquire into or relieve against. Therefore, the petition must be dismissed. On the issue of probable cause: The Department of Justice Secretary, in his Resolution dated November 10, 2006, found no probable cause to hold Adam liable for the offense charged. The Secretary meticulously scrutinized the records, particularly the affidavit of arrest, and found that no payment was ever made by the police officers for the supposed object of the buy-bust operation. The police officers did not allege that payment was made in exchange for the shabu, and no buy-bust money was presented. The certificate of inventory also did not show any buy-bust money. The Court reiterated the principle that one of the essential elements to be established in the prosecution of drug "buy-bust" cases, namely, "the delivery of the thing sold and the payment therefore," was wanting in this case. Citing People v. Alilin, the Court emphasized that to sustain a conviction for selling prohibited drugs, the same must be clearly and unmistakably established. The absence of proof of sale, specifically the exchange of the prohibited drug for money, renders the charge unsustainable. Consequently, the DOJ Secretary directed the withdrawal of the information, a directive that was later affirmed upon denial of the motion for reconsideration.
Main Doctrine
A petition for habeas corpus becomes moot and academic when the person detained has already been released by order of the trial court.