Case Digest (G.R. No. 200370)
Facts:
In Mario Veridiano y Sapi vs. People of the Philippines (G.R. No. 200370, June 7, 2017), petitioner Mario Veridiano was charged in the Regional Trial Court of San Pablo City, Laguna, with illegal possession of dangerous drugs under Article II, Section 11 of Republic Act No. 9165. The Information alleged that on January 15, 2008, in Nagcarlan, Laguna, Veridiano unlawfully possessed a heat-sealed sachet containing 2.72 grams of dried marijuana. At trial, police officers testified that a citizen informant reported an alias “Baho” was en route to obtain illegal drugs. A checkpoint was established at Barangay Taytay, where officers recognized Veridiano aboard a jeepney, frisked him, and seized a tea bag containing what appeared to be marijuana. The seized item was initialed, lab-tested positive, and Veridiano was arrested and read his rights. He pleaded not guilty and presented defense testimony that plainclothes men had frisked him at a checkpoint without finding anything, then lateCase Digest (G.R. No. 200370)
Facts:
- Prosecution’s Version
- On January 15, 2008, a concerned citizen alerted PO3 Esteves of Nagcarlan Police Station that “Baho” (later identified as petitioner Mario Veridiano y Sapi) was traveling to San Pablo City to obtain illegal drugs.
- The information was relayed to PO1 Cabello and PO2 Vergara, who, under Chief of Police Urquia’s instruction, manned a checkpoint at Barangay Taytay, Nagcarlan, Laguna.
- At around 10:00 a.m., the officers hailed a jeepney from San Pablo City and instructed all passengers to disembark, raise their shirts and empty their pockets.
- From petitioner’s pocket, PO1 Cabello retrieved a small heat-sealed transparent plastic sachet (“tea bag”) containing what appeared to be dried marijuana leaves; he initialed and confiscated it.
- Petitioner was arrested, Mirandized, brought to the station, and the tea bag was turned over to PO1 Solano, who requested laboratory examination at the PNP Crime Laboratory; the test confirmed the contents as marijuana (2.72 g).
- Defense’s Version
- Petitioner attended a fiesta in San Pablo City and boarded a jeepney bound for Nagcarlan after the festivities.
- He observed three unmarked motorcycles trailing the jeepney; at Barangay Buboy two armed men in civilian clothes boarded, frisked him and found nothing.
- He was nonetheless brought to the police station and informed that illegal drugs were found in his possession.
- Proceedings Below
- RTC of San Pablo City (July 16, 2010) found petitioner guilty beyond reasonable doubt of illegal possession of marijuana (RA 9165, Art. II, Sec. 11) and sentenced him to 12 years and 1 day to 20 years of imprisonment plus a ₱300,000 fine.
- On appeal, the Court of Appeals (Nov. 18, 2011 Decision; Jan. 25, 2012 Resolution) affirmed, ruling:
- Petitioner was caught in flagrante delicto.
- Any defect in arrest was waived by his plea and submission to jurisdiction.
- His passive compliance constituted consent to the warrantless search.
- Petitioner filed a Petition for Review on Certiorari before the Supreme Court, contending:
- Arrest was illegal, without probable cause or warrant;
- Warrantless search was invalid;
- Evidence should be excluded as fruit of the poisonous tree;
- Chain of custody was not strictly observed.
Issues:
- Was petitioner’s warrantless arrest lawful under Rule 113, Section 5 of the Revised Rules of Criminal Procedure?
- Was the warrantless search and seizure valid under any exception to the warrant requirement (search incident to arrest, stop-and-frisk, consent, moving vehicle/ checkpoint)?
- Is the remaining evidence sufficient to sustain petitioner’s conviction for illegal possession of dangerous drugs?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)