Case Digest (G.R. No. 129035)
Facts:
In People of the Philippines vs. Annabelle Francisco y David @ Annabelle Tablan (G.R. No. 129035, August 22, 2002), police officers conducted a test‐buy operation and placed Federico Verona and his live‐in partner Annabelle Francisco under surveillance for selling methamphetamine hydrochloride (shabu). On March 30, 1996, SPO2 Teneros and SPO4 Alberto San Juan secured a search warrant from Branch 23 of the Regional Trial Court (RTC) of Manila to search “No. 122 M. Hizon St., Caloocan City,” based on an after‐surveillance report. At 10:30 a.m. that day, eight officers forcibly entered the bedroom of the nine‐month‐pregnant Annabelle in “No. 120 M. Hizon St.”—her leased apartment—and conducted a one‐hour search. They seized 230 grams of shabu, paraphernalia, P22,990.00 in cash, two cellular phones and, allegedly, P180,000.00 additional cash, a Fiat car, jewelry, keys, an ATM card, bank books and car documents. Annabelle was charged under Section 16, Article III, Republic Act No. 64Case Digest (G.R. No. 129035)
Facts:
- Parties and Background
- The People of the Philippines (plaintiff-appellee) charged Annabelle Francisco y David @ Annabelle Tablan (accused-appellant), nine months pregnant, with illegal possession of methamphetamine hydrochloride (shabu) following surveillance and test-buy operations.
- Accused-appellant lived with her live-in partner, Federico Verona, at an apartment compound on M. Hizon Street, Caloocan City, Metro Manila.
- Search Warrant Application and Execution
- On March 29, 1996, SPO2 Teneros and SPO4 Alberto San Juan of the OADDI–WPDC, Manila, filed an application for a search warrant before Branch 23, RTC Manila, to search “No. 122 M. Hizon St., Caloocan City” for shabu and paraphernalia.
- Attached to the application was an After-Surveillance Report and a sketch of the area. Police asset Dante Baradilla described the target house as “two-story, semi-concrete, cream-colored, steel-barred windows, with a terrace and delivery vehicle.”
- Judge Bayhon issued the warrant authorizing the search of 122 M. Hizon Street.
- On March 30, 1996, eight policemen forcibly entered the master’s bedroom of “No. 120 M. Hizon St.” (not 122), searched for about one hour, and seized:
- 230 grams of shabu in a Pyrex salad set and assorted plastics
- Aluminum foil rolls, improvised water pipes, measuring weights, cellular phones, monitoring device
- PHP 22,990.00 in cash (returned later), alleged P180,000.00, a Fiat car, jewelry, keys, ATM card, bank books, car documents
- Procedural History
- Accused-appellant was charged under Sec. 16, Art. III, RA 6425 (Dangerous Drugs Act of 1972) for possession of 230 grams of shabu without license or prescription.
- She moved to quash the warrant, asserting that she leased unit No. 120 (certified by owner) and that the warrant described No. 122. The trial court denied the motion.
- After arraignment and trial, RTC Branch 127, Caloocan City convicted her of illegal possession of shabu, imposed reclusion perpetua, a PHP 1,000,000.00 fine, and ordered forfeiture of seized drugs and paraphernalia.
- On appeal, accused-appellant assigned errors:
- Conviction despite invalid search
- Admission of illegally seized evidence
- Violation of constitutional rights by illegal search
- Serving the warrant at No. 120 instead of No. 122
Issues:
- Whether the search warrant was validly executed when served at No. 120 M. Hizon St. instead of the place described (No. 122).
- Whether the search and seizure violated Section 2, Article III of the Constitution (right against unreasonable searches and seizures).
- Whether evidence seized in the allegedly illegal search is admissible.
- Whether the conviction can stand in the absence of validly obtained evidence.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)