Case Digest (G.R. No. 136292)
Facts:
On June 28, 1989, Petitioner Rudy Caballes y Taino was stopped in Barangay Sampalucan, Pagsanjan, Laguna by police who, suspecting smuggled goods because the jeepney's load was covered with kakawati leaves, inspected the vehicle and found sacks of aluminum conductor wires owned by National Power Corporation; petitioner was detained and charged in an Information dated October 16, 1989 with theft. The Regional Trial Court convicted petitioner on April 27, 1993, the Court of Appeals affirmed with modification on September 15, 1998 and deleted civil indemnity, and the appellate denial of reconsideration was dated November 9, 1998; petitioner sought relief in the Supreme Court (G.R. No. 136292).Issues:
- Was Petitioner's right against unreasonable search and seizure violated when police searched his vehicle and seized the wires without a warrant?
- Did the Court of Appeals err in rejecting Petitioner's defense of entrapment?
- Did the prosecution fail to prove Petitioner's guilt bey
Case Digest (G.R. No. 136292)
Facts:
- Parties and procedural posture
- RUDY CABALLES Y TAINO, Petitioner, was charged in an Information dated October 16, 1989, with theft.
- Respondents were the Court of Appeals and the People of the Philippines prosecuting on behalf of National Power Corporation (NPC).
- Petitioner pleaded not guilty at arraignment and trial ensued; conviction was rendered by the Regional Trial Court (RTC) and affirmed by the Court of Appeals; petitioner filed the present appeal by certiorari to the Supreme Court.
- Allegations in the Information and recovery of evidence
- The Information alleged that on or about June 28, 1989, in Pagsanjan, Laguna, petitioner wilfully, unlawfully and feloniously took about 630 kilograms of aluminum cable conductors valued at P27,450.00, belonging to NPC.
- On the night of June 28, 1989, at about 9:15 p.m., two policemen on patrol, Sgt. Victorino Noceja and Pat. Alex de Castro, flagged down a passenger jeepney driven by petitioner because its cargo was unusually covered with kakawati leaves.
- Upon inspection of the jeepney the officers discovered bundles of 3.08 mm aluminum/galvanized conductor wires in sacks, which the officers later quantified as weighing 700 kilos and valued at P55,244.45.
- The officers brought petitioner and the vehicle to the Pagsanjan Police Station; photographs were taken by Danilo Cabale and turned over to the Police Station Commander; petitioner was incarcerated for seven days.
- Petitioner’s defense at trial
- Petitioner denied guilt and asserted an alibi and an entrapment/arrangement defense: he testified he was a jeepney driver and a NARCOM civilian agent (ID expired) who agreed to transport conductor wires for one Resty Fernandez from Cavinti after being promised P1,000; loading was performed by masked men; petitioner claimed he informed his NARCOM superior and was to be intercepted by back-up; he asserted he told the police the wires belonged to Resty Fernandez when stopped.
- Trial court judgment and Court of Appeals disposition
- On April 27, 1993, the RTC found petitioner guilty beyond reasonable doubt of theft and sentenced him to imprisonment and ordered indemnity to NPC in the amount of ...(Subscriber-Only)
Issues:
- Admissibility of evidence obtained without a warrant
- Whether the warrantless search of petitioner’s vehicle and seizure of the aluminum wires were lawful and whether the evidence obtained thereby was admissible.
- Validity of claimed consent and application of exceptions
- Whether petitioner gave valid consent to the search, and whether any recognized exception to the warrant requirement (including *search of moving vehicle* and *plain view*) justified the warrantless intrusion.
- Sufficiency of evidence and asserted defenses
- Whether the prosecution proved petitioner’s guilt b...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)