Case Summary (G.R. No. 208775)
Conduct of the Search and Seizure
On July 26, 2003, at approximately 7:30 a.m., CIDG officers, accompanied by barangay and SK officials, media, and a DOJ representative, executed the warrant at Dabon’s two-storey apartment in Tagbilaran City. They found Dabon and a companion, Eusubio Dumaluan. In the kitchen and bedroom, officers recovered drug paraphernalia and three sachets of suspected shabu weighing 0.80 gram, which were inventoried in the presence of identified witnesses. Subsequent forensic analysis confirmed the presence of methylamphetamine hydrochloride.
Criminal Charges and Trial Court Findings
Two informations charged Dabon with possession of shabu (Section 11) and possession of paraphernalia (Section 12) under R.A. No. 9165; a separate information charged Dumaluan with paraphernalia possession. The RTC upheld the search’s regularity, presumed proper officer performance, and convicted Dabon:
• Section 11 – Indeterminate sentence of 12 years and 1 day to 14 years imprisonment, ₱300,000 fine
• Section 12 – Indeterminate sentence of 6 months and 1 day to 4 years imprisonment, ₱25,000 fine
Court of Appeals Decision
Dabon appealed, arguing the inadmissibility of evidence due to defective search procedure. The CA affirmed, finding any procedural flaw did not undermine seizure locus and holding that rights to question validity were waived for failure to do so before arraignment.
Issue on Admissibility of Evidence
The core issue before the Supreme Court was whether evidence obtained in violation of the Constitution and Rule 126, Section 8, is admissible against Dabon.
Constitutional Provision on Searches and Seizures
Article III, Section 2 of the 1987 Constitution mandates that search warrants issue only upon judge-determined probable cause and particularly describe the premises and items to be seized. Article III, Section 3(2) prescribes the exclusionary rule for evidence obtained in violation of these provisions.
Mandatory Two-Witness Rule (Rule 126, Section 8)
Rule 126, Section 8 requires that a search of a house, room, or premises be conducted in the presence of the lawful occupant or a family member; if absent, two witnesses of sufficient age and discretion residing locally must be present. This hierarchy and requirement are mandatory safeguards against arbitrary searches.
Violation of Witness Requirement and Exclusionary Rule
Testimony established that Dabon and his wife were present but not allowed to witness the bedroom search and only one external witness, Barangay Kagawad Angalot, stood in. The absence of a second qualified witness and exclusion of the occupants violated the two-witness mandate. Pursuant to People v. Go, Del Castillo, and Bulauitan, such non-compliance renders the search unreasonable and the evidence inadm
...continue readingCase Syllabus (G.R. No. 208775)
Facts
- Philippine National Police–Criminal Investigation and Detection Group (PNP-CIDG) in Bohol conducted surveillance and test-buy operations that confirmed Jorge Dabon’s involvement in illegal drug activities.
- Based on these operations, Search Warrant No. 15 was issued for violation of Sections 11 and 12, Article II of Republic Act No. 9165.
- On July 26, 2003 at about 5:30 a.m., P/Insp. Hermano Mallari and a team of CIDG officers proceeded to Dabon’s apartment in Boal District, Tagbilaran City.
- At around 7:30 a.m., they summoned Barangay Kagawad Ariel Angalot, Councilor Jose Angalot, SK Chairman Marianne Angalot, media representative Charles Responte, and DOJ representative Zacarias Castro to witness the search.
- The team entered the second-floor living quarters where they found Eusubio Dumaluan in the living room and Dabon in a bedroom.
- After serving the warrant, PO2 Datoy and PO2 Enterina searched the kitchen and recovered drug paraphernalia. They then frisked Dumaluan and seized more items (coin purse, lighter, metal clip, empty decks, blades, tin foil).
- In Dabon’s bedroom, the officers, in the presence of Brgy. Kagawad Angalot, discovered three plastic sachets of suspected shabu hidden in clothing, plus various paraphernalia (empty wrappers, tinfoil residue, twisted tissues, straw, bamboo clips, blades).
- All seized items were inventoried by SPO1 Triste and placed in evidence bags before the invited witnesses.
- On July 28, 2003, the seized items were delivered to P/Insp. David Tan of the PNP Crime Laboratory for chemical examination, which tested positive for methylamphetamine hydrochloride.
Charges and Trial Court Proceedings
- Two Informations were filed against Dabon:
• Criminal Case No. 11931 for violation of Section 11 (possession of 0.80 g of shabu and traces of shabu on aluminum foil);
• Criminal Case No. 11932 for violation of Section 12 (possession of drug par