Case Digest (G.R. No. 120915)
Facts:
The People of the Philippines v. Rosa Aruta y Menguin, G.R. No. 120915, April 03, 1998, Supreme Court Third Division, Romero, J., writing for the Court.The prosecution charged Rosa Aruta y Menguin (accused-appellant) with violating Section 4, Article II of Republic Act No. 6425 (Dangerous Drugs Act) for allegedly transporting approximately 8.5 kilos of dried marijuana on December 14, 1988. The information alleged that the marijuana was packed in a plastic bag marked "Cash Katutak" and placed in a travelling bag; upon arraignment Aruta pleaded not guilty.
On December 13–14, 1988, NARCOM officers, led by P/Lt. Ernesto Abello and P/Lt. Jose Domingo, received an informant tip from a source known as "Benjie" that "Aling Rosa" would return from Baguio with a large volume of marijuana. On the evening of December 14 the officers positioned themselves near the Victory Liner unloading area in Olongapo; the informant pointed out Aruta as she alighted with a travelling bag. The officers identified themselves, asked about the bag's contents, and according to their testimony Aruta handed the bag to P/Lt. Abello. Upon inspection they discovered dried marijuana; they confiscated the bag and the bus ticket, brought Aruta to the NARCOM office, and prepared a Receipt of Property Seized. Forensic testing by P/Maj. Marlene Salangad at the PC/INP Crime Laboratory reportedly confirmed the specimen as marijuana.
At trial the prosecution relied chiefly on the arresting officers' testimony and the forensic report. The defense filed a Demurrer to Evidence alleging illegal search and seizure; the trial court denied the demurrer without ruling on the search-and-seizure contention to avoid pre-judgment and proceeded with the case. The defense later objected to the prosecution's formal offer of evidence on constitutional grounds and presented the accused's testimony: Aruta claimed she had just left a theater, an old woman had asked her to carry a shoulder bag, and that no search warrant was shown when the officers arrested her; the old woman could not be located.
The Regional Trial Court, Branch 73, Olongapo City, convicted Aruta of transporting the prohibited drugs and sentenced her to life imprisonment and to pa...(Pro-only)
Issues:
- Was the warrantless search of accused-appellant's travelling bag and her arrest lawful such that the seized marijuana was admissible in evidence?
- Did accused-appellant waive her right to contest the legality of the search and the admissibility of the seized evidence by pleading not guilty and participating in the trial?
- In light of the foregoing, should the conviction and...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)