Case Digest (G.R. No. 128514) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In People of the Philippines v. Marlon Cristobal y Ambrosio (G.R. No. 234207, June 10, 2019), the accused-appellant Marlon Cristobal was charged by Information filed in the Regional Trial Court (RTC) of Pasig City, Branch 154, on November 21, 2013, with violation of Section 11, Article II of Republic Act No. 9165 for possession of seven heat-sealed sachets of crystal-like substance (total weight 5.96 grams) tested positive as methamphetamine hydrochloride (“shabu”). At arraignment Cristobal pleaded not guilty. The prosecution’s evidence, primarily the testimony of PO2 Rexy Ramos and supporting officers, narrated that during an “Oplan Sita” checkpoint in Barangay Rosario, Pasig City, Cristobal was stopped for not wearing a helmet and for failure to produce the motorcycle’s OR/CR. While being cited he fled but was apprehended, then frisked. Ramos allegedly found a bulge in Cristobal’s pocket, recovered the sachets, marked and inventoried them in the presence of a barangay kagawad, Case Digest (G.R. No. 128514) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Information and Charge
- On November 21, 2013 in Pasig City, Cristobal was charged under Section 11, Article II of RA 9165 for illegal possession of seven heat-sealed sachets of white crystalline substance (total 5.96 g) later found to be methamphetamine hydrochloride (shabu).
- The Information alleged Cristobal, without legal authority, willfully and feloniously possessed the said dangerous drug.
- Checkpoint Encounter and Seizure
- At around 6:00 PM, PO2 Rexy Ramos, manning “Oplan Sita” checkpoint, flagged down Cristobal for riding a motorcycle without a helmet and lacking OR/CR. While Ramos prepared a ticket, Cristobal fled but was apprehended.
- During a frisk for weapons, Ramos noticed a bulge in Cristobal’s pocket. Cristobal removed a small plastic bag containing the seven sachets. The items were marked in his presence, inventoried before a barangay kagawad, turned over to SAID-SOTG, brought to a crime lab for qualitative exam (positive for shabu), and thereafter into evidence.
- Proceedings Below
- RTC, Branch 154, Pasig City (Dec. 14, 2015) found Cristobal guilty, applying “stop and frisk” doctrine to justify warrantless search, and sentenced him to 20 years+1 day to life and P400,000 fine.
- CA (June 29, 2017) affirmed conviction, rejecting Cristobal’s denial and frame-up defense and deeming procedural lapses under Sec. 21, RA 9165 nonfatal.
Issues:
- Whether the RTC and CA erred in convicting Cristobal when the search that led to the discovery of the seized items was unlawful.
- Whether the evidence obtained from the invalid search should have been excluded, mandating Cristobal’s acquittal.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)