G.R. No. L-63630 - People vs. Tangliben y Bernardino

PEOPLE OF THE PHILIPPINES, plaintiff-appellee.
MEDEL TANGLIBEN Y BERNARDINO, defendant-appellant.
The Regional Trial Court, Branch 41, Third Judicial Region at San Fernando, Pampanga, convicted the appellant of violating Section 4, Article II of Republic Act 6425 (Dangerous Drugs Act of 1972 as amended) and sentenced him to life imprisonment, a fine of P20,000, and costs.
The appellant appealed to the Supreme Court. Original counsel de oficio Atty. Enrique Chan died; Atty. Katz Tierra was later appointed counsel de oficio and filed the appellant’s brief.

The information alleged that on or about March 2, 1982, at San Fernando, Pampanga, appellant knowingly had in his possession one bag of dried marijuana leaves weighing approximately one kilo and intended to transport the same to Olongapo City without authority of law.
On the late evening of March 2, 1982, Patrolmen Silverio Quevedo and Romeo L. Punzalan, together with Barangay Tanod Macario Sacdalan, conducted a surveillance mission at the Victory Liner Terminal compound, Barangay San Nicolas, San Fernando, Pampanga, based on informations supplied by informers.
At about 9:30 p.m., patrolmen noticed a person carrying a red traveling bag (Exhibit G) acting suspiciously, confronted him, and requested him to open the bag; the person later complied after identification by the patrolmen.
Inside the bag were marijuana leaves (Exhibit B) wrapped in plastic weighing one kilo, more or less. The person identified himself as Medel Tangliben and allegedly stated he was waiting for a ride to Olongapo City to deliver the marijuana leaves.
The person was taken to the San Fernando police headquarters for investigation. Patrolman Silverio Quevedo submitted an Investigators Report (Exhibit F).

On March 3, 1982, Patrolman Silverio Quevedo asked Patrolman Roberto Quevedo, who had special training on narcotics, to conduct a field test on a portion of the seized leaves and to send the remainder to the PCCL at Camp Olivas, San Fernando, Pampanga.
Patrolman Roberto Quevedo conducted a field test (Exhibit H) which produced a positive result for marijuana (Exhibit E).
The remaining quantity was delivered to the PCCL (Exhibits A and A-1) and the forensic chemist Marilene Salangad examined it and also found it to be marijuana (Exhibits C and C-1).

The appellant testified that he was married in October 1981 and employed formerly at a poultry farm in Antipolo, Rizal; he conducted poultry-related business and sometimes went to Subic.
He denied leaving his residence in Antipolo on March 2, 1982; he claimed to have been in Subic on March 3, 1982, to collect P100 and buy C-rations, met a Nena Ballon, drank with her son, and boarded a Victory Liner bus at about 9:00 p.m. while tipsy, not noticing it was bound for San Fernando.
He testified that while waiting for a bus to Manila at the Victory...(Subscriber-Only)

Admissibility of the seized marijuana under Fourth Amendment-type and procedural rules

Whether the marijuana allegedly seized from appellant was the product of an unlawful search without a warrant and therefore inadmissible.
Whether the warrantless seizure could be justified as a search incident to a lawful arrest and/or as an in-flagrante arrest under applicable rules.

Whether the marijuana package brought to the PC Crime Laboratory was properly authenticated and identified as that seized from the appellant.