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Mariñas vs. People [SEPARATE CONCURRING OPINION, PERALTA, J.]

LAMBERTO MARIÑAS Y FERNANDO, PETITIONER, V. PEOPLE OF THE PHILIPPINES, RESPONDENT.

G.R. No. 232891 | 2018-07-23

SEPARATE CONCURRING OPINION
 
PERALTA, J.:
 
I concur with the ponencia in acquitting accused-appellant Lamberto Mariñas y Fernando of the charge of illegal possession of dangerous drugs, or violation of Section 11, Article II of Republic Act No. 9165 (R.A. No. 9165),[1]respectively. I agree that the prosecution failed to provide justifiable grounds for the arresting officers' non-observance of the three-witness rule under Section 21[2] of R.A. No. 9165, i.e., why an elected public official and a representative from the Department of Justice were not present during the inventory of the seized items. At...