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Nurullaje Sayre y Malampad @ "Inol" vs. Xenos etc. [SEPARATE CONCURRING OPINION, LEONEN, J.]

NURULLAJE SAYRE Y MALAMPAD @ "INOL", PETITIONER, VS. HON. DAX GONZAGA XENOS, IN HIS CAPACITY AS THE PRESIDING JUDGE OF REGIONAL TRIAL COURT OF PANABO CITY, DAVAO DEL NORTE, BRANCH 34; HON. MENARDO I. GUEVARRA, SECRETARY OF THE DEPARTMENT OF JUSTICE; AND PEOPLE OF THE PHILIPPINES, RESPONDENTS.

G.R. Nos. 244413 & 244415-16 | 2020-02-18

SEPARATE CONCURRING OPINION

LEONEN, J.:

With the ponente's indulgence, I offer my views and observations.

On June 14, 2017, Nurullaje Sayre y Malampad alias "Inol" (Sayre) was charged with violating Sections 5, 11, and 12 of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002. The Informations against him read:

 
[Criminal Case No. CRC 416-2017]

That on or about 09 June 2017, within the City of Panabo, Davao del Norte, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, without being authorized by law, did then and there, willfully, unlawfully and...