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PDEA vs. Richard Brodett and Jorge Joseph

PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA), PETITIONER, VS. RICHARD BRODETT AND JORGE JOSEPH, RESPONDENTS.

G.R. No. 196390 | 2011-09-28

FIRST DIVISION
D E C I S I O N

BERSAMIN, J.:

Objects of lawful commerce confiscated in the course of an enforcement of the Comprehensive Dangerous Drugs Act of 2002 (Republic Act No. 9165)that are the property of a third person are subject to be returned to the lawful owner who is not liable for the unlawful act. But the trial court may not release such objects pending trial and before judgment.

Antecedents
 
On April 13, 2009, the State, through the Office of the City Prosecutor of Muntinlupa City, charged Richard Brodett (Brodett) and Jorge Joseph (Joseph) with a violation of Section 5, in relation to Section 26(b), of Republic Act No....