Case Digest (G.R. No. 148825)
Facts:
In People of the Philippines vs. Susan Canton (G.R. No. 148825, December 27, 2002), appellant Susan Canton was charged under Section 16, Article III of Republic Act No. 6425 (Dangerous Drugs Act of 1972), as amended, for allegedly possessing 998.2809 grams of methamphetamine hydrochloride (“shabu”) without a prescription at Ninoy Aquino International Airport (NAIA) on February 12, 1998. She pleaded not guilty before Branch 110 of the Regional Trial Court (RTC) of Pasay City. The prosecution presented Forensic Chemist Julieta Flores, lady frisker Mylene Cabunoc, and SPO4 Victorio de los Reyes, while the defense offered SPO2 Jerome Cause and recalled Cabunoc as a hostile witness; Susan herself did not testify. Evidence showed that upon triggering a metal detector alarm, Cabunoc frisked Susan, discovered three taped packages concealed under her garments, and, in a subsequent strip search in the ladies’ room, recovered the packages, which tested positive for shabu. Susan was arresteCase Digest (G.R. No. 148825)
Facts:
- Procedural Antecedents
- On February 12, 1998, Susan Canton (appellant) was charged under Section 16, Article III of R.A. No. 6425 for possession of 998.2809 grams of methamphetamine hydrochloride without prescription.
- She pleaded not guilty when arraigned before RTC Pasay City, Branch 110 (Crim. Case No. 98-0189).
- Circumstances of Search, Seizure and Arrest
- At about 1:30 p.m. at NAIA departure lounge, metal detector alarmed when Canton passed. Civilian frisker Mylene Cabunoc conducted a pat-down, felt bulges on her abdomen, genital area, and thighs.
- Canton declined to identify contents, saying “money only.” Supervisor SPO4 de los Reyes summoned Customs Examiner Lorna Jalac. In a ladies’ comfort room, a strip search (removal of skirt, girdles, panty) revealed three gray-taped packages. Canton handed these over voluntarily.
- Packages opened on a customs table to reveal white crystalline substance. Laboratory tests by Forensic Chemist Flores confirmed methamphetamine hydrochloride (“shabu”). Canton was then arrested.
- Trial, Sentencing and Post-Trial Motions
- Prosecution witnesses: Flores (chemist), Cabunoc (frisker), SPO4 de los Reyes. Defense witnesses: SPO2 Jerome Cause and hostile recall of Cabunoc. Canton did not testify.
- RTC convicted Canton of violation of R.A. No. 6425, imposed reclusion perpetua and ₱1,000,000 fine.
- Canton filed Motion for Reconsideration/New Trial (challenging hearsay medical certificate, shifted burden, validity of search, lack of counsel) and Motion to Inhibit Judge Macaraeg. Both were denied by order dated November 26, 2001. Canton appealed to the Supreme Court.
Issues:
- Whether the warrantless strip search was valid as “search incidental to a lawful arrest.”
- Whether airport security frisk may extend to concealed contraband under R.A. No. 6235 or is limited to weapons under Terry v. Ohio.
- Whether People v. Johnson precedent on airport searches applies.
- Whether Canton was under custodial investigation without counsel, violating Art. III, Sec. 12 of the Constitution.
- Whether the unmarked, unoffered medical certificate (Dr. Arcena) was erroneously admitted in evidence.
- Whether reliance on Katz v. U.S. is appropriate instead of People v. Johnson.
- Whether Canton’s arrest without warrant was lawful as flagrante delicto.
- Whether other seized items (passport, ticket, girdles) properly confiscated.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)