Dela Cruz v People (2014, G.R. No. 200748)

Jaime dela Cruz v People

G.R. No. 200748, July 23, 2014

Dela Cruz was arrested for extortion but he was subjected to drug test which yielded positive results. SC: the drug test conducted was immaterial to the charge of extortion, hence within the protection of the right of the accused against self-incrimination. The drug test in this case is not a purely mechanical act.

Facts:

            Family of a suspect arrested claimed that Dela Cruz attempted to extort money from them, in exchange for the freedom of the suspect. Dela Cruz was arrested in an entrapment operation for extortion but was then subjected to a urine drug testing. The test yielded positive results, and Dela Cruz was charged with violation of Sec 15 of RA 9165. Dela Cruz failed to question the validity of his arrest.

 

Issue: W/N the failure of Dela Cruz to question the validity of his arrest is also a waiver to question the admissibility of evidence obtained during an illegal warrantless arrest.

 

Held: No, a waiver of an illegal warrantless arrest does not mean a waiver of the inadmissibility of evidence seized during an illegal warrantless arrest. 

 

            Therefore, Dela Cruz can question the admissibility of the positive drug test results. The same is inadmissible as evidence in Court because (1) the drug test conducted was illegal, and (2) the drug test is not material to the charge of extortion.

 

Re drug testing of arrested persons (Section 15, RA 9165)

 

            The phrase must be read in consonance with RA 9165: i.e., the person arrested can be subjected to drug testing if they are arrested for unlawful acts listed under RA 9165. Dela Cruz was initially charged with extortion, thus the drug test conducted was not sanctioned by RA 9165 because extortion is not a violation under RA 9165. 

 

Re right of an accused against self-incrimination

 

            This right proscribes the use of physical or moral compulsion to extort communications from the accused and not the inclusion of his body in evidence when it may be material. In its essence is testimonial compulsion, that is, the giving of evidence against himself through a testimonial act.

 

Purely mechanical acts are not included in the prohibition as the accused does not thereby speak his guilt, hence the assistance and guiding hand of counsel is not required. 

 

In the instant case, a urine sample is not material to the charge of extortion.