Case Digest (A.M. No. MTJ-97-1116)
Facts:
In Domingo Agyao Macad @ Agpad v. People of the Philippines (G.R. No. 227366, August 1, 2018), petitioner Domingo Agyao Macad was charged on November 29, 2011 before the Regional Trial Court (RTC), Bontoc, Mountain Province, Branch 36, with violating Section 5, Article II of R.A. No. 9165 (Comprehensive Dangerous Drugs Act of 2002) for transporting marijuana. On November 27, 2011, PO1 Davies Falolo, off duty and in plain clothes, boarded a “Bing Bush” bus bound for Bontoc and sat on its roof. At the Botbot stop, petitioner tossed a carton baggage to Falolo and mounted the roof himself, carrying in addition a Sagada-woven bag. Noting an irregular shape and the pungent odor of marijuana emanating from the baggage, Falolo attempted to summon backup but ran out of load for his phone. After both alighted, Falolo located petitioner at the Community Police Assistance Center (COMPAC) circle, sought permission to open the baggage, and, upon petitioner’s flight, chased and arrested him beCase Digest (A.M. No. MTJ-97-1116)
Facts:
- Antecedents
- On November 29, 2011, an information was filed charging Domingo Agyao Macad (petitioner) with violating Section 5, Article II of R.A. No. 9165 (Comprehensive Dangerous Drugs Act of 2002) for transporting marijuana.
- Petitioner pleaded “not guilty,” and trial ensued before the RTC of Bontoc, Mountain Province, Branch 36 (Crim. Case No. 2011-11-29-108).
- Prosecution Version
- On November 27, 2011, PO1 Davies Falolo, off duty and in plainclothes, boarded a fully loaded Bing Bush bus bound for Bontoc, Mountain Province, and sat on top. At the Botbot stop, petitioner boarded the same bus, tossed a carton baggage to Falolo, and ascended to the top two meters away. Petitioner also carried a Sagada woven bag.
- Falolo immediately detected a distinct marijuana odor from the carton’s irregular shape and hardness of both containers. He intended to alert colleagues but lacked load for his cellphone.
- Upon arrival at Bontoc, petitioner alighted at Lower Caluttit; Falolo went down at the DPWH compound to buy load but failed to find any. He then hailed a tricycle back to Caluttit and sat behind the driver. Petitioner boarded the same tricycle.
- At the COMPAC circle, Falolo stopped the tricycle, summoned SPO2 Suagen, and requested permission to inspect petitioner’s baggage. Petitioner initially consented but fled toward Pines Kitchenette upon seeing Suagen. Officers pursued and apprehended him in front of Sta. Rita Parish Church, handcuffed him, and brought him and his baggage to the Municipal Police Station.
- At the station, they opened the carton and Sagada woven bag, discovering eleven bricks of marijuana (10.1 kg) in the carton and six bricks (5.9 kg) in the woven bag. The items were marked, photographed, and inventoried in the presence of petitioner, the barangay chairman, a DOJ prosecutor, and a media representative. Forensic examination confirmed marijuana.
- Defense Version
- Petitioner claimed that an unidentified man had the carton. When the man asked him to drop the baggage at the “circle,” he complied and had no knowledge of its contents.
- He denied owning the baggage, ran when he saw police reinforcements, and alleged coercion into a confession at the municipal hall.
- RTC Proceedings and Judgment
- On September 16, 2013, the RTC convicted petitioner of transporting illegal drugs, sentenced him to life imprisonment and a P500,000 fine, and ordered forfeiture of the drugs in favor of the Government.
- The RTC ruled that the warrantless arrest was valid under in flagrante delicto, the search constitutional as incident to lawful arrest, and the chain of custody intact.
- The RTC denied petitioner’s motion for reconsideration on January 10, 2014.
- CA Proceedings
- On March 17, 2016, the CA in CA-G.R. CR-H.C. No. 06638 affirmed the RTC, finding probable cause from the smell and petitioner’s flight.
- On September 23, 2016, the CA denied petitioner’s motion for reconsideration.
Issues:
- Warrantless Arrest and Search
- Whether the CA erred in finding petitioner in flagrante delicto, thus justifying the warrantless arrest and incidental search.
- Whether petitioner validly consented to the search.
- Admissibility of Seized Marijuana
- Whether the CA gravely abused its discretion by not excluding the seized marijuana under Article III, Section 3(2) of the Constitution.
- Chain of Custody
- Whether the CA erred in holding that the chain of custody of the seized drugs was properly established.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)