Case Digest (G.R. No. 95847-48)
Facts:
People of the Philippines v. Gabriel Gerente y Bullo, G.R. Nos. 95847-48, March 10, 1993, Supreme Court First Division, Grino-Aquino, J., writing for the Court.The accused-appellant is Gabriel Gerente y Bullo; the prosecution is the People of the Philippines. Two other persons, Totoy and Fredo Echigoren, were implicated as co-accused but remained at large. The criminal cases below were Criminal Case No. 10255‑V‑90 (Violation of Section 8, R.A. 6425 — possession of marijuana) and Criminal Case No. 10256‑V‑90 (Murder).
On April 30, 1990, at about 7:00 a.m., eyewitness Edna Edwina Reyes testified that she observed Gerente, Fredo Echigoren and Totoy Echigoren drinking and smoking marijuana at Gerente’s house and overheard the three conspiring to kill Clarito B. Blace. At about 2:00 p.m. the same day, Reyes witnessed the three men beating Blace with a piece of wood and later (after he fell) a hollow block was dropped on his head; the men dragged the victim behind Gerente’s house. Blace was brought to Valenzuela District Hospital and was declared dead on arrival; cause of death reported as massive skull fracture from a hard heavy object.
Police, having been informed by the Palo Police Detachment and by Reyes, inspected the scene and recovered a bloodstained piece of wood, a hollow block and two roaches of marijuana. About three hours after the incident the police went to Gerente’s house, awakened him and, after identifying themselves, frisked him; Patrolman Jaime Urrutia found a coin purse containing dried leaves wrapped in foil on Gerente’s person. The leaves were submitted to the NBI and the forensic chemist identified them as marijuana.
On May 2, 1990, Assistant Provincial Prosecutor Benjamin Caraig filed two informations against Gerente: one for Violation of Section 8, Article II of R.A. 6425 (possession of marijuana) and another for Murder (with allegations of conspiracy, evident premeditation and treachery). Gerente pleaded not guilty on arraignment (May 16, 1990) and the two cases were tried jointly. On September 24, 1990, the Regional Trial Court of Valenzuela, Branch 172, convicted Gerente of both offenses, sentencing him to 12 years and one day to 20 years and a fine for the drug charge, and to reclusion perpetua with civil indemnity and funeral expenses for the murder conviction; the trial court credited him with his preventive detention.
Gerente appealed, assigning as errors: (1) that the marijuana leaves were improperly admitted because seized in a warrantless arrest and thus in violation of his constitutional right against illegal search ...(Subscriber-Only)
Issues:
- Was the warrantless arrest of appellant and the search of his person — resulting in seizure of the dried marijuana leaves — lawful under the rules on arrest and search incident to arrest?
- Was the evidence sufficient to support appellant’s conviction for Murder (and conspiracy thereto) be...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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