Case Digest (G.R. No. 162852)
Facts:
On December 7, 1995, Florencio Doria y Bolado and Violeta Gaddao y Catama ("Neneth") were charged with violation of Section 4, in relation to Section 21 of the Dangerous Drugs Act of 1972 for allegedly selling 11 plastic bags of marijuana weighing 7,641.08 grams in Mandaluyong City. The police, through an informant, arranged a buy-bust operation to apprehend "Jun" (Doria). On December 5, 1995, the operation was executed when Doria sold a kilo of marijuana to PO3 Manlangit, the poseur-buyer. Doria was arrested and led the police to Neneth's house, where a box under the dining table containing 10 bricks of marijuana was discovered. Marked money of Php 1,600 was recovered. Both were arrested and turned over to the investigator. The marijuana was confirmed by PNP Crime Laboratory.
Doria and Gaddao denied the charges. Doria testified he was unjustly accused and led police to a "Totoy's" house. Gaddao stated she was performing daily chores and th
Case Digest (G.R. No. 162852)
Facts:
- Charging and Operation Background
- On December 7, 1995, accused-appellants Florencio Doria y Bolado and Violeta Gaddao y Catama @ "Neneth" were charged with unlawful sale of marijuana under Sections 4 and 21 of the Dangerous Drugs Act of 1972.
- The charge alleged that on or about December 5, 1995, in Mandaluyong City, the accused illegally sold eleven plastic bags of marijuana fruiting tops weighing 7,641.08 grams.
- The Philippine National Police Narcotics Command (Narcom) received information from two civilian informants about an individual named "Jun" involved in drug activities.
- Buy-Bust Operation
- A buy-bust operation was planned targeting "Jun" on December 5, 1995, at E. Jacinto Street, Mandaluyong City.
- PO3 Celso Manlangit was designated the poseur-buyer with SPO1 Edmund Badua as back-up; the team was given P2,000 by the Narcom chief for operations, with P1,600 set aside as buy-bust money.
- At 7:20 AM, contact was made with "Jun," who accepted P1,600 marked money and promised to deliver one kilo of marijuana.
- About an hour later, "Jun" returned and gave the poseur-buyer a plastic-wrapped object, later identified as marijuana.
- Arrest and Search
- "Jun" was arrested after delivering the marijuana but did not have the marked money on him; he stated it was left at the house of his associate named "Neneth."
- The police proceeded to "Neneth's" house where they found the door open and a woman inside identified as "Neneth" (Violeta Gaddao).
- PO3 Manlangit noticed a carton box under the dining table with a partially open flap revealing something wrapped in plastic resembling marijuana.
- Without a warrant, the box was seized, revealing ten bricks of dried marijuana leaves; the marked buy-bust money was recovered from "Neneth."
- Both accused, "Jun" (Florencio Doria) and "Neneth" (Violeta Gaddao), were arrested and their respective evidences turned over to investigators.
- Laboratory examination confirmed the eleven bricks as dried marijuana fruiting tops weighing 7,641.08 grams.
- Defendants' Account
- Florencio Doria claimed police forced him to accompany them to "Totoy's" house where the drug paraphernalia was found, denying knowledge of or involvement in drug dealing.
- Violeta Gaddao described her routine on the day, asserting innocent involvement and denial of possession or knowledge of the seized marijuana and money.
- Trial Court Decision
- The Regional Trial Court convicted both accused, finding an organized crime group involved.
- Both were sentenced to death and fined P500,000 each, with orders for transfer to appropriate penal institutions.
- Appeals and Assigned Errors
- Florencio Doria's errors challenged witness credibility and legality of evidence obtained via warrantless search.
- Violeta Gaddao disputed the credibility of Police accounts, inconsistencies in testimonies regarding buy-bust money recovery, and legality of warrantless search and seizure.
Issues:
- Whether the buy-bust operation resulting in Florencio Doria's apprehension was valid and free from entrapment.
- Whether the warrantless arrest, search of Violeta Gaddao's person and residence, and the seizure of evidence were lawful and admissible.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)