Case Digest (G.R. No. 250306)
Facts:
On April 27, 2010 an Information charged Ronilo Jumarang y Mulingbayan with violating Section 16, Article II of R.A. No. 9165 for allegedly planting three pots of marijuana on April 11, 2010 at Barangay Santiago, Bato, Camarines Sur; police seized the plants after officers approached him following a confidential tip. The Regional Trial Court convicted him on August 30, 2016 and sentenced him to reclusion perpetua and a P500,000 fine; the Court of Appeals affirmed with modification to life imprisonment in a January 16, 2018 decision, prompting this appeal.Issues:
- Whether the marijuana plants seized from accused-appellant are admissible in evidence to prove his guilt for violation of Section 16, Article II of R.A. No. 9165?
- Whether the prosecution proved beyond reasonable doubt that accused-appellant committed violation of Section 16, Article II of R.A. No. 9165?
Ruling:
The Court held that the warrantless arrest of accused-appellant was unlawful and that the subsequent s Case Digest (G.R. No. 250306)
Facts:
- Parties and procedural posture
- PEOPLE OF THE PHILIPPINES, plaintiff-appellee, filed an Information on April 27, 2010 charging RONILO JUMARANG y MULINGBAYAN, accused-appellant, with violation of Section 16, Article II of R.A. No. 9165 (Comprehensive Dangerous Drugs Act of 2002) for planting, cultivating or culturing three pots of fully grown marijuana plants with fruiting tops.
- The accused was arraigned, pleaded not guilty, and underwent trial before the Regional Trial Court of Iriga City, Branch 60 in Criminal Case No. Ir-9174.
- The RTC rendered Judgment dated August 30, 2016 finding the accused guilty beyond reasonable doubt, sentencing him to reclusion perpetua and a fine of P500,000.
- The accused appealed to the Court of Appeals in CA-G.R. CR HC-No. 08654, which in Decision dated January 16, 2018 affirmed with modification by imposing life imprisonment and a fine of P500,000.
- The accused filed the present appeal to this Court seeking reversal of the CA Decision.
- Prosecution evidence and sequence of events as testified
- PO2 Manuel Tanay received a tip that someone in the "De Lima residence" in Santiago, Bato, Camarines Sur was keeping marijuana plants; he relayed this to P/Insp. Salvador Banaria who directed surveillance by PO2 Tanay and PO2 Jeric Buena.
- The two officers positioned themselves about ten meters outside a house inside a compound and observed a man later identified as the accused tending plants on the roof.
- The officers saw the man descend the roof holding a three-foot tall potted plant with "five finger leaves"; they called out to him, instructed him to put the plant down, and the accused complied, asserting it was a medicinal plant.
- The officers asked for permission to go inside the house; the accused allowed them inside; on the rooftop they found two additional pots of what they identified as marijuana plants and brought all three pots down.
- Onlookers gathered, the owner of the compound appeared, and the officers brought the accused and the plants to the police station.
- The officers secured witnesses at the station: Acting Punong Barangay Adam Billiones, media practitioner Glenda Bearis, and Prosecutor Antonio Ramos, Jr.; inventory receipts and photographs were prepared; the plants were turned over to PO2 Rico Dancalan.
- The plants were sent to Camp Simeon Ola for scientific examination; Police Senior Inspector Wilfredo I. Pabustan, Jr., a forensic chemist, testified that laboratory tests confirmed the plants were marijuana.
- Accused's testimony and defense
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Issues:
- Admissibility of seized evidence
- Whether the three pots of marijuana plants seized from the accused are admissible in evidence, given the claim they were obtained through an invalid warrantless search.
- Sufficiency of proof of guilt
- Whether the prosecution proved the accused guilty beyond reasonable doubt of violating Section...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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