Case Digest (G.R. No. 144639)
Facts:
In People v. Go, appellant Benny Go, a Chinese national, was charged by Information dated June 14, 1999 in RTC Manila, Branch 41, with violating Section 16, Article III in relation to Section 2(e-2), Article I of Republic Act No. 6425, as amended, for allegedly possessing 204 grams of white crystalline methamphetamine hydrochloride (“shabu”) without a license. On April 28, 1999, police officers and a confidential informant conducted a “test buy” at Go’s residence at 1480 General Luna Street, Ermita, Manila, purchasing P1,500 worth of shabu. Believing a larger quantity was inside, they secured Search Warrant No. 99-0038 from RTC Pasay City Branch 109, authorizing immediate search of the two-storey house and seizure of shabu, paraphernalia and proceeds of crime. On June 14, 1999 at about 6:00 p.m., the raiding team side-swiped Go’s Toyota Corolla to gain entry, handcuffed Go’s son Jack Go, then searched the premises—absent any family or lawful occupant—seizing Exh. A (white crysta...Case Digest (G.R. No. 144639)
Facts:
- Indictment and prior operation
- April 28, 1999 “test buy” of methamphetamine (shabu) worth ₱1,500 at appellant’s residence, 1480 General Luna St., Manila.
- Search Warrant No. 99-0038 issued by RTC Pasay permitting immediate day-or-night search for “METAMPHETAMINE HYDROCHLORIDE (Shabu), weighing scale, other drug paraphernalia and proceeds of the above crime.”
- June 14, 1999 Information charges Benny Go with unlawful possession of 204 g of shabu under RA 6425, as amended.
- Execution of search and seizure
- Around 6:00 PM, raiding team sideswiped Go’s parked Toyota to force entry; Jack Go (appellant’s son) was immediately handcuffed.
- Barangay Kagawads Lazaro and Manalo summoned as witnesses five minutes later; search lasted until 11:00 PM.
- Items seized:
- Exhibit A – plastic bag with white crystalline substance (204 g, positive for meth).
- Exhibit B – plastic bag with yellowish powder (later negative).
- Weighing scale, passports, bankbooks, checks, typewriter, check writer, dry seals, stamp pads, cash (₱52,760 and ¥25,000), and the Toyota Corolla.
- Inventory, lab work, and detention
- Handwritten Inventory Receipt and “Affidavit of Orderly Search” prepared by SPO1 Fernandez; signed by appellant and witnesses after search; no counsel present.
- Seized items brought to Camp Bagong Diwa; Exhibit A sent to PNP Crime Lab (positive for meth), Exhibit B negative; other items forwarded to respective agencies; appellant detained.
- Defense allegations and contradictions
- Defense witnesses (Jack Go, Lazaro, Manalo) denied recovery of Exhibit A or scale, alleged police coercion to sign, planting of evidence, false inventory.
- Police allegedly extorted sums from appellant; discrepancies over the first page of the Inventory Receipt (entry substituted).
- Procedural history
- RTC Manila Branch 41 convicted Go on June 7, 2000 (reclusion perpetua + ₱1 M fine), denied reconsideration July 24, 2000.
- Go appealed to the Supreme Court; filed Motion for Return of Personal Documents, Vehicle and Paraphernalia.
Issues:
- Was the search of appellant’s residence and seizure of Exhibit A lawful, and must Exhibit A be excluded?
- Should items not described in Search Warrant No. 99-0038 be returned to appellant?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)