Back

People vs. Dimaano [DISSENTING OPINION, BRION, J.]

THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. CRISTY DIMAANO Y TIPDAS, ACCUSED-APPELLANT.

G.R. No. 174481 | 2016-02-10

DISSENTING OPINION

BRION, J.:

I disagree with the ponencia in his conclusion that accused-appellant Cristy Dimaano y Tipdas (Cristy) should be convicted of illegal attempt to transport dangerous drugs under Section 5, in relation to Section 26, of Republic Act (R.A.) No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002.
 
The Antecedents

On November 13, 2002, Non-Uniformed Personnel Florence S. Bilugot (NUP Bilugot), while being detailed as frisker at the initial check-in departure area of the Manila Domestic Airport Terminal 1, frisked Cristy as a standard operating procedure for departing passengers. When NUP...