Title
People vs. Nunez y Revilleza
Case
G.R. No. 177148
Decision Date
Jun 30, 2009
Raul Nuñez convicted for possessing 233.93g of shabu; search warrant valid, but unrelated seized items ordered returned. Defense of frame-up dismissed; guilt proven beyond reasonable doubt.

Case Digest (G.R. No. 177148)
Expanded Legal Reasoning Model

Facts:

  • Background and Charging
    • The case involves Raul R. NuAez y Revilleza, charged with a violation of Section 16, Article III of Republic Act No. 6425 (the Dangerous Drugs Act of 1972, as amended by RA No. 7659).
    • Appellant was charged for possession of regulated drugs—the case centered on his alleged possession of methamphetamine hydrochloride (“shabu”).
  • Arrest and Search Operations
    • On April 26, 2001, at around 6:00 a.m., operatives from the Sta. Cruz, Laguna Police, in coordination with the Los BaAos Police Station (LBPS) and IID Mobile Force, executed a search at NuAez’s residence in Barangay San Antonio, Los BaAos, Laguna.
    • Prior to entering, Barangay Captain Mario Mundin and Chief Tanod Alfredo Joaquin were summoned to assist in serving the search warrant.
    • Upon arrival, appellant was called out and the search warrant was shown to him.
    • During the search, SPO1 Odelon Ilagan and PO2 Gerry Crisostomo entered appellant’s room while his family and other officers remained in the living room.
  • Discovery of Evidence and Seizure
    • In appellant’s room, SPO1 Ilagan discovered:
      • Thirty-one (31) heat-sealed transparent plastic sachets containing a total of 233.93 grams of shabu.
      • Various drug paraphernalia including lighters, improvised burners, tooters, and aluminum foil with shabu residue.
    • Additional items were also confiscated:
      • A lady’s wallet containing P4,610.
      • Tools and equipment such as a component, camera, electric planer, grinder, drill, jigsaw, electric tester, and assorted carpentry tools—items not provided for in the search warrant.
  • Judicial Proceedings and Prior Decisions
    • The Regional Trial Court (RTC) of Calamba, Laguna, Branch 36, convicted appellant in Criminal Case No. 8614-01-C on February 11, 2002, sentencing him to reclusion perpetua and a fine of two million pesos.
    • The Court of Appeals, in its Decision dated January 19, 2007, affirmed the RTC’s conviction despite appellant’s assertion of a “frame-up” and alleged inconsistencies in the testimonies of the prosecution witnesses.
    • Appellant then elevated the case to the Supreme Court through a petition for certiorari.
  • Contentions and Evidence Presented
    • Appellant contended that:
      • The shabu found in his room had been planted.
      • There were discrepancies in the testimonies of police officers (SPO1 Ilagan and PO2 Ortega), particularly regarding:
        • Whether barangay officials were with the police before arriving at his house.
        • Whether appellant was present inside the room during the search.
      • The search warrant was defective, as it did not indicate his exact address but only the barangay and street.
      • None of the occupants of his house had witnessed the search since they remained in the living room.
      • The barangay officials, who could corroborate the search details, were not called to testify.
    • The Office of the Solicitor General (OSG) argued that:
      • The evidence clearly established appellant’s guilt beyond reasonable doubt.
      • The testimonies of the police officers were credible and consistent on the material points of the case.
      • Appellant’s testimony (including that of his daughter) lacked corroboration and was self-serving.
      • The search warrant’s alleged defects were immaterial to the overall evidentiary picture.

Issues:

  • Main Issue
    • Whether appellant is guilty beyond reasonable doubt of possessing a regulated drug (shabu) under Republic Act No. 6425.
  • Subsidiary Issues
    • Whether the search warrant was valid despite its lack of specification regarding the exact address.
    • Whether the alleged discrepancies in the testimonies of the police officers (SPO1 Ilagan and PO2 Ortega) were material enough to undermine the prosecution’s case.
    • Whether the seizure of items not specified in the search warrant (e.g., lady’s wallet, carpentry tools, etc.) violates procedural rules and should be excluded from evidence.
    • Whether the defense of “frame-up” has any merit given the evidence and testimony on record.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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