Case Digest (G.R. No. 228107)
Facts:
Petitioner Gregorio Telen y Ichon was charged with violating Section 11 of Republic Act No. 9165 for allegedly possessing three sachets of methamphetamine hydrochloride on October 7, 2012; the Regional Trial Court convicted him on March 23, 2015, and the Court of Appeals affirmed on June 16, 2016. At trial the prosecution testified that PO3 Mazo saw a metal object on petitioner’s waistband at a Petron station in Guadalupe, Makati, tailed him to Robinsons Galleria, placed his arm around petitioner, patted his waist, discovered a purported hand grenade, arrested him, frisked him and recovered three sachets later tested positive for shabu; petitioner denied the arrest and alleged abuse and irregularities.Issues:
- Was the warrantless stop-and-frisk and subsequent search lawful, and are the seized drugs admissible in evidence?
Ruling:
The Court reversed the Court of Appe Case Digest (G.R. No. 228107)
Facts:
- Parties and nature of the case
- Gregorio Telen y Ichon (petitioner) was charged in an Information with violation of Section 11 of Republic Act No. 9165 for alleged illegal possession of three heat-sealed plastic sachets containing a white crystalline substance that tested positive for methamphetamine hydrochloride.
- People of the Philippines (respondent) prosecuted the case before the Regional Trial Court.
- Allegations and incident as testified by prosecution witnesses
- At about 2:30 p.m. on October 7, 2012, PO3 Marck Andrew M. Mazo was at Petron Gasoline Station, Guadalupe, Makati City, and stood in line behind a motorcycle rider later identified as petitioner.
- After petitioner filled his motorcycle, petitioner drew his wallet from his right back pocket causing his shirt to ride up and revealing part of his waist; PO3 Mazo testified he saw a metal part of what appeared to be a hand grenade tucked in petitioner’s right waistband and experienced a hunch.
- PO3 Mazo called his superior and tailed petitioner to Robinsons Galleria where petitioner parked his motorcycle and walked around the mall entrance area; PO3 Mazo awaited back-up.
- Around 5:00 p.m., with back-up present and Senior Inspector Karl T. Payumo seen at a distance, PO3 Mazo approached petitioner when he returned to his motorcycle, placed his arm around petitioner’s shoulder, patted his right waist, introduced himself as a police officer, and warned petitioner not to make untoward movement.
- PO3 Mazo pulled out the metal object and allegedly confirmed it was a hand grenade; he arrested petitioner, apprised him of constitutional rights, frisked him, and recovered three small plastic sachets of white crystalline substance which he placed in his motorcycle compartment.
- Police brought petitioner to the District Special Operation Unit–Southern Police District, Fort Andres Bonifacio, Taguig City, where PO3 Mazo marked the sachets and prepared booking and arrest reports; the sachets were marked, inventoried, and photographed in petitioner’s presence and that of a reporter, and handed to PO2 Angel Dela Cruz who prepared the Chain of Custody Form and Request for Laboratory Examination.
- The seized items were endorsed to Senior Inspector Anamelisa S. Bacani, the forensic chemist on duty at the Southern Police District Crime Laboratory, and qualitative tests were positive for shabu.
- Defense version and trial testimony
- Petitioner denied the charge and testified he was arrested at about 2:00 p.m. in front of a fast food restaurant at Robinsons Galleria by four men in civilian clothes, none of whom he identified as PO3 Mazo; he alleged he was forced into a black car, taken to the Southern Police District, extorted for P7 million, mauled, detained for three days, and later informed he was charged with possession of illegal drugs.
- Petitioner testified to sustaining no external physical injuries on medical examination at the police station.
- Trial court disposition and appellate proceedings
- On March 23, 2015, the Regional Trial Court convicted petitioner beyond reasonable doubt of violating Section 11 of Republic Act No. 9165, reasoning that petitioner was lawfully arrested in flagrante delicto for illegal possession of a hand grenade under Presidential Decree No. 1866 and that the subsequent search incidental to arrest and chain of custody for the seized drugs were lawful; it imposed an indeterminate penalty and fined petitioner PHP 300,000; ordered physical evidence forfeited and transmitted for destruction.
- Petitioner appealed to the Court of Appeals. On June 16, 2016, the Court ...(Subscriber-Only)
Issues:
- Primary legal issue presented to the Supreme Court
- Whether the warrantless search conducted on petitioner was lawful and, consequently, whether the seized sachets of illegal drugs were admissible in evidence.
- Additional issues raised by petitioner and respondent
- Whether petitioner was lawfully arrested in flagrante delicto for possession of a hand grenade, justifying a search incidental to arrest.
- Whether the prosecution complied with Section 21 of ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)