Case Digest (G.R. No. 126297) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
On October 2, 2003, at around 5:20 a.m., personnel of the Albay Provincial Police Office, assisted by Barangay Tanod Jose Lagana and Kagawad Lauro Tampocao, executed Search Warrant No. AEK-29-2003 at the residence of Honesto Ogayon y Diaz in Barangay Iraya, Guinobatan, Albay. The warrant purported to authorize the seizure of methamphetamine hydrochloride (“shabu”) and related paraphernalia allegedly concealed in Ogayon’s kitchen and in the comfort room adjacent to his house. During the search, officers allegedly discovered two heat-sealed plastic sachets containing 0.0400 gram of shabu, aluminum foil, disposable lighters, a “Dorco” blade, and other drug paraphernalia. Ogayon and two companions were arrested and the seized items were brought to the police crime laboratory, where a chemistry report positively identified the presence of methamphetamine hydrochloride. Ogayon denied ownership of the contraband, claimed the police never presented the warrant at the time of search, and Case Digest (G.R. No. 126297) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Antecedent Facts
- On October 2, 2003 at around 5:20 a.m., police executed Search Warrant No. AEK 29-2003 at petitioner Honesto Ogayon’s residence in Barangay Iraya, Guinobatan, Albay. Barangay officials assisted. The search covered the house and a nearby comfort room.
- In the comfort room, officers allegedly found two heat-sealed sachets of methamphetamine hydrochloride (shabu) and drug paraphernalia (aluminum foil, lighters, knife, blade). Inside the house, live ammunition was discovered. Seized items were inventoried, initialed by the seizing officer, and subjected to chemical examination.
- Procedural History
- Two informations were filed on December 1, 2003:
- Criminal Case No. 4738 for possession of paraphernalia.
- Criminal Case No. 4739 for possession of 0.040 g of shabu.
- Ogayon pleaded not guilty and underwent joint trial before the RTC, which on September 5, 2007 convicted him under Sections 11 and 12, Article II of RA 9165, sentencing him to terms ranging from six months to 14 years plus fines.
- On appeal, the CA (March 31, 2009) affirmed the conviction, ruling that Ogayon waived his right to challenge the search warrant by not timely objecting during trial and exercising exclusive control over the comfort room.
- Ogayon filed a petition for review on certiorari before the Supreme Court.
Issues:
- Whether petitioner waived his constitutional right to question the legality of the search warrant by failing to file a timely motion to quash or suppress during trial.
- Whether, even assuming no waiver, the search was irregular and the seized items should be suppressed for violating the right against unreasonable searches and seizures.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)