G.R. No. 237422 - People vs. Ben G. Bation

On March 3, 2010, the Information was filed against Ben G. Bation for illegal planting and cultivation of marijuana plants in Kinamandagan, Lazi, Siquijor.
Bation pleaded not guilty.

Intelligence was received on February 28, 2010, that Bation and a cohort have been growing marijuana since 2009 near his house.
Police Inspector Edgar Almaden formed a team for an anti-illegal drug operation.
At around 1:00 a.m. on March 1, 2010, guided by a confidential informant, police found 15 marijuana plants in pots and poly bags in a bushy area surrounded by grass.
The police confirmed the plants were marijuana and waited to arrest the culprit tending the plants.
At around 5:50 a.m., Bation was seen watering the plants and was arrested on the spot.
Barangay officials were called to witness the scene, and photographs were taken with Bation and the plants.
Due to difficulty, the inventory of the seized plants was conducted later at the police station in presence of DOJ and barangay officials but without media representatives despite efforts to contact them.
Items were properly marked, sampled, and a Certificate of Inventory was prepared and signed.
The samples were brought to the forensic lab and tested positive for marijuana.

Bation denied the charges, stating he was outside at dawn to feed his animals and relieve himself, carrying a pail of water.
Police allegedly forced him at gunpoint to water the plants.
He claimed the land where plants were found belonged to “Bayuyong,” located about 300 meters away from his house.
Barangay officials arrived but no inventory was conducted at the site.
Bation asserted that he had no prior conflict with police officers.

RTC convicted Bation of violating Section 16, Article II of RA 9165, sentencing him to life imprisonment and a fine.
RTC ruled that Bation was caught in the act of tending the plants, establishing him as planter and cultivator without legal authority.
Warrantless arrest was valid as he was caught in flagrante delicto.
The defense’s denial was uncorroborated, and the police officers’ actions had presumption of regularity.
Chain of custody was substantially complied with, allowing inventory at the police station due to practical difficulty.
Absence of media representatives was justified due to unavailability.
Confiscation of the plants was ordered, but not the land, since plants were in movable containers.

CA affirmed RTC’s decision, holding that the arrest and search were valid as Bation was caught tending the marijuana plants.
The warrantless search was justified as the plants were in Bation’s immediate control.
The plain view doctrine was inapplicable as the search was deliberate.
Chain of custody was sufficiently established despite absence of media witnesses, which was justified by earnest efforts by the police.
Integrity and evidentiary value of the seized items were preserved.

Bation filed an appeal to the Supreme Court.
The Court sua sponte ruled on the validity of arrest, warrantless search, and chain of custody.
The Court recognized non-compliance with the “three-witness rule” during inventory, specifically absence of media representative.
The police failed to exert earnest efforts to secure media presence, instead limiting their efforts to one outlet.
Bation was acquitted and ordered released for failure of prosecution to prove guilt beyond reasonable doubt.

Whether Bation’s warrantless arrest was valid.
Whether the warrantless search leading to the seizure of marijuana plants was valid.
Whether the chain of custody of the seized marijuana plants was properly observed.
Whether the absence of a media representative during marking, inventory, and photographing of evidence affects the evidentiary value of the seized plants.
Whether Bation should be acquitted based on procedural lapses and failure of the prosecution to prove guilt beyond reasonable doubt.