Case Digest (G.R. No. 208775) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Jorge Dabon v. The People of the Philippines, G.R. No. 208775, decided January 22, 2018 under the 1987 Constitution, petitioner Jorge Dabon, a.k.a. George Debone, was the subject of surveillance and test-buys by the PNP-CIDG in Bohol for suspected illegal drug activity. On July 26, 2003 at around 7:30 a.m., law enforcement officers serving Search Warrant No. 15 entered Dabon’s two-storey apartment in Boal District, Tagbilaran City, for violations of Sections 11 and 12, Article II of Republic Act No. 9165 (the Comprehensive Dangerous Drugs Act of 2002). Present at the search were Barangay Kagawad Ariel Angalot, City Councilor Jose Angalot, Sangguniang Kabataan Chairman Marianne Angalot, a media representative, and a DOJ representative, but only Brgy. Kagawad Angalot accompanied the officers to the second-floor bedroom. There, PO2 Datoy and PO2 Enterina found three sachets of suspected shabu and assorted paraphernalia; at the same time, officers frisked occupant Eusubio Dumalua Case Digest (G.R. No. 208775) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Procedural History
- Petitioner Jorge Dabon filed a petition for review under Rule 45 challenging:
- RTC Omnibus Decision dated July 10, 2008 and Omnibus Order dated February 1, 2010 (Criminal Cases No. 11930–11932, RTC Branch 2, Tagbilaran City).
- CA Decision dated July 27, 2012 and Resolution dated July 8, 2013 (CA-G.R. CEB-CR No. 01414).
- The lower courts convicted Dabon for violation of Sections 11 and 12, Article II of R.A. 9165 based on drugs and paraphernalia seized during a search of his residence.
- Search and Seizure Operations
- Surveillance and test-buy by PNP-CIDG operatives in Bohol established Dabon’s involvement in illegal drug activity.
- Search Warrant No. 15 was issued for violation of Sections 11 and 12, Article II of R.A. 9165.
- On July 26, 2003, at about 7:30 a.m., CIDG officers, accompanied by Barangay Kagawad Angalot, Councilor Angalot, SK Chairman Angalot, a media and DOJ representative, executed the warrant at Dabon’s two-storey apartment.
- In the kitchen, officers found drug paraphernalia. In Dabon’s bedroom they recovered three sachets of suspected shabu (0.80 g) plus paraphernalia. Eusubio Dumaluan in the living room was also frisked and found with drug items.
- Items were inventoried by SPO1 Triste in the presence of civilian witnesses and turned over to the PNP Crime Laboratory.
- Charges, Trial and Appeals
- Informations filed against Dabon:
- Criminal Case No. 11931 (possession of 3 sachets of shabu).
- Criminal Case No. 11932 (possession of drug paraphernalia).
- Dumaluan was separately charged under Section 12, Article II of R.A. 9165.
- Dabon’s defense: He and his family were not permitted to witness the search; they were segregated in the living room.
- RTC convicted Dabon:
- Case No. 11931 – 12 years+1 day to 14 years imprisonment, fine ₱300,000.
- Cases Nos. 11930 & 11932 – 6 months+1 day to 4 years imprisonment, fine ₱25,000 each.
- RTC denied Dabon’s motion for reconsideration. CA affirmed RTC decision and denied Dabon’s motion for reconsideration.
Issues:
- Whether the evidence seized during the search of Dabon’s residence is admissible, given alleged non-compliance with Section 8, Rule 126 of the Rules of Court requiring the presence of lawful occupant or two witnesses during execution of a search warrant.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)