Case Digest (G.R. No. 83767)
Facts:
On April 15, 2016 at around 10:30 p.m., in Barangay Palanan, Makati City, police officers executed Search Warrant No. SW-16-288-MN dated April 13, 2016 issued by Judge Jimmy Edmund G. Batara of Branch 72, RTC Malabon City, against one Jay Tan at house No. 5379 Curie Street. They forced entry, broke open a door, and saw petitioner Joemarie Mendoza y Bucad alias “Joe” seated on the floor inside a ground-floor room holding a pen gun, with a small transparent sachet of alleged shabu and two glass pipes in plain view. Mendoza was arrested, informed of his rights, and an inventory of “LFM-27” (the plastic sachet) and “LFM-32” (the pipes) was made in the presence of Barangay Kagawad Jose Villa Jr. Thereafter, officers opened a vault inside the house and found firearms, ammunition, a digital scale, additional drugs and paraphernalia, money, checks, and passports bearing the name Joseph Eugene Tan y Baltonado. The seized items were turned over to investigators, and laboratory examinationCase Digest (G.R. No. 83767)
Facts:
- Antecedent Events
- On 13 April 2016, Judge Jimmy Edmund G. Batara of RTC Malabon Branch 72 issued Search Warrant SW-16-288-MN against Jay Tan, for violations of RA 9165 (Comprehensive Dangerous Drugs Act) and RA 10591 (Comprehensive Firearms and Ammunition Regulation Act).
- On 15 April 2016 at around 10:30 p.m. in Barangay Palanan, Makati City, PO3 Rojas, PO3 Marcelo, PO2 Gimena, PO3 Cahanding, and other SAID-SOTG operatives forcibly entered the premises at No. 5379 Curie Street.
- Encounter, Arrest, and Seizure
- In a ground-floor room, the operatives saw petitioner Joemarie Mendoza alias “Joe” seated on the floor holding a pen gun, with in front of him:
- One small transparent plastic sachet of shabu (marked “LFM-27”).
- Two glass pipes/improvised tooters (marked “LFM-32”).
- Petitioner was arrested, read his rights, and the operatives continued searching:
- They opened a vault and seized firearms, ammunitions, digital scale, additional sachets of shabu and marijuana, ecstasy fragments, Celebrex capsules, cash, checks, and passports.
- An inventory and photographs were taken in the presence of Barangay Kagawad Villa; evidence was noted in an Inventory Receipt.
- Chain of custody and laboratory examination:
- PO3 Marcelo turned over items to SPO2 Esperanzate for case documentation.
- PSSI Sahagun conducted the laboratory exam confirming methamphetamine hydrochloride.
- Procedural History
- Inquest proceedings before the City Prosecutor included the Final Investigation Report, laboratory results, inventory receipt, chain of custody, mug shots, copy of the search warrant, joint affidavit of arrest, and other documents.
- On 22 April 2016, the City Prosecutor recommended indictment for violations of RA 10591 (firearms) and Sections 11 and 12, Article II of RA 9165.
- Two informations were filed in RTC Makati as Criminal Case Nos. R-MKT-16-765-CR (possession of 0.65 g shabu) and R-MKT-16-766-CR (possession of drug paraphernalia). Petitioner pleaded not guilty.
- RTC Decision of 5 July 2017 convicted petitioner:
- For Sec. 11, RA 9165 – 12 years and 1 day to 20 years imprisonment, ₱300,000 fine.
- For Sec. 12, RA 9165 – 6 months and 1 day to 4 years imprisonment, ₱50,000 fine.
- CA Decision of 11 February 2019 affirmed the RTC; CA Resolution of 11 July 2019 denied reconsideration.
- Petitioner filed a Petition for Review on Certiorari with the Supreme Court.
Issues:
- Whether the Court of Appeals erred in affirming petitioner’s conviction despite the invalidity of the search warrant and consequent inadmissibility of evidence.
- Whether the CA erred in affirming conviction despite failure to conduct the inventory in the presence of the required witnesses under Section 21, Article II of RA 9165, as amended.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)