Case Digest (G.R. No. 259381)
Facts:
This is People of the Philippines v. Jonel F. Gepitulan, G.R. No. 259381, promulgated February 26, 2024 by the Supreme Court Third Division, Inting, J., writing for the Court. The parties are the People of the Philippines (plaintiff-appellee) and Jonel F. Gepitulan (accused-appellant). Jonel was charged in the Regional Trial Court (RTC), Branch 56, Compostela, Compostela Valley, in Criminal Case No. 100-2018-MNK with violation of Section 16, Article II of Republic Act No. 9165 (Illegal Planting and Cultivation of Marijuana Plant). The Information, dated July 3, 2018, alleged that on or about July 2, 2018 Jonel willfully and knowingly cultivated one marijuana plant weighing 15.9758 grams at a cacao farm in Barangay Poblacion, Monkayo, Compostela Valley. Jonel pleaded not guilty and was tried.The prosecution's theory was that a confidential informant notified the Monkayo police of a man, known as “Islao,” cultivating marijuana on a parcel owned by Leonilla Fabillar. PO1 Armando Calamba and PO1 Danny Daquibig, in civilian clothes, went to the site with the CI; about five to six meters from them they saw a man identified by the CI as Jonel, clearing grasses around a marijuana plant. They arrested Jonel and seized one hill of a fully grown marijuana plant, a white plastic container, and a digging tool. An inventory and photographing were done at the scene in the presence of Barangay Kagawad Ruel Quilang and Jonel; no DOJ or media representative was present at the site. A second inventory was later done at the Monkayo Police Station where a media representative, Oscar Arabyo, signed the certificate. The seized plant was turned over to the Davao del Norte Crime Laboratory; Police Inspector (PINSP) Jade Ryan Bajade, a forensic chemist, tested the specimen and issued Chemistry Report No. D-123-2018DN showing a positive result for marijuana and indicating a weight of 15.9758 grams.
Jonel testified that he was merely walking to buy coffee when police suddenly apprehended him; he claimed he was being framed and said his cousin Dondon Fabillar was the one cultivating marijuana. He also asserted that PO1 Calamba uprooted the plant. The RTC, in a Decision dated December 18, 2018, convicted Jonel beyond reasonable doubt, sentenced him to life imprisonment and a P500,000 fine, and ordered forfeiture of the marijuana. The RTC found the elements established and accepted that any deviation in the inventory procedure was justified by field conditions and cured by a second inventory at the police station. Jonel appealed to the Court of Appeals (CA).
The CA, in a Decision dated November 26, 2020 (CA-G.R. CR-HC No. 02223), affirmed the RTC: it held that “cultivating” under RA 9165 includes clearing to permit growth, found the arrest and seizure valid under the plain view/in flagrante delicto doctrine, and ruled the chain of custod...(Pro-only)
Issues:
- Was Jonel’s warrantless arrest and the warrantless seizure of the marijuana plant lawful under the in flagrante delicto/plain view exception?
- Did the prosecution prove the identity and integrity of the seized marijuana plant (the corpus delicti) through observance of the chain of custody under Section 21, Article II of RA 9165, as amende...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)