Case Summary (G.R. No. 61584)
Prosecution Evidence
PO1 Mariano and PO3 Ramirez testified to witnessing the shooting, chase, and seizure of the bag and its contents. The taxi driver, Crisendo Amansec, corroborated that two passengers fired shots and fled. Documentary evidence included the request for laboratory examination, the physical sciences report, photographs of the bricks, referral slip, and sworn affidavits of the officers and the taxi driver.
Defense Account
Calantiao claimed the incident stemmed from a traffic altercation. He alleged PO1 Mariano assaulted him and Reyes, planted marijuana, and fabricated drug charges. He denied knowledge or possession of the bricks, asserting coercion and framing by police.
RTC Ruling
The Regional Trial Court found the prosecution’s witnesses credible, held the warrantless search and seizure lawful as incident to a valid arrest, and ruled all elements of Section 11, Article II, RA 9165 were proven beyond reasonable doubt. Calantiao was sentenced to life imprisonment and a ₱500,000 fine.
Court of Appeals Ruling
The Court of Appeals affirmed the RTC decision, concluding the officers’ warrantless arrest was justified by hot pursuit and reasonable suspicion, and that the subsequent search and seizure fell within the search‐incident‐to‐arrest exception. It also held the chain of custody intact.
Issue on Warrantless Search
Calantiao challenged the admissibility of the marijuana, arguing the seizure violated the Plain View Doctrine and that the search exceeded lawful bounds, rendering the evidence inadmissible.
Search Incident to Lawful Arrest
Under Rule 126, Section 13, a warrantless search incident to a lawful arrest is permissible to protect officers and prevent evidence destruction. The black bag containing the bricks was in Calantiao’s immediate control, justifying the search and seizure.
Plain View Doctrine Not Applicable
The Supreme Court explained the Plain View Doctrine supplements other exceptions (e.g., search incident to arrest) when officers inadvertently discover evidence. Here, the officers deliberately searched Calantiao upon arrest; they did not merely observe the bag in plain view.
Chain of Custody and Inventory
RA 9165, Section 21, and its IRR req
...continue readingCase Syllabus (G.R. No. 61584)
Facts
- On November 11, 2003, in Caloocan City, accused‐appellant Medario Calantiao y Dimalanta was alleged to have possessed two bricks of dried marijuana fruiting tops weighing a total of 997.9 grams.
- The charge, filed on November 13, 2003, accused him of violating Section 11, Article II of Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002).
- PO1 Nelson Mariano and PO3 Eduardo Ramirez responded to a report by towing‐truck driver Edwin Lojera of a shooting incident involving a white taxi cab.
- At the corner of 8th Avenue and C-3 Road, Caloocan City, the taxi’s passengers allegedly alighted, fired at the officers, and fled on foot.
- In the ensuing chase, Mariano and Ramirez apprehended Calantiao; from his person they recovered a black bag containing two bricks of marijuana and a .38‐caliber magazine, and from his companion a revolver.
- Specimens were marked by PO1 Mariano, photographed, and forwarded to the PNP Crime Laboratory, where P/S Insp. Jesse Dela Rosa confirmed the material was positive for marijuana.
Evidence of the Prosecution
- Testimony of PO1 Nelson Mariano: arrival at scene, pursuit, seizure of black bag with marijuana and ammunition.
- Testimony of PO3 Eduardo Ramirez: corroboration of Mariano’s account, personal sighting of the bricks, and confiscation of revolver from companion.
- Testimony of taxi driver Crisendo Amansec: confirmation of two passengers firing three shots before fleeing.
- Documentary exhibits:
• Request for Laboratory Examination (Nov. 12, 2003)
• Physical Sciences Report No. D-1423-03 (Nov. 12, 2003)
• Photographs of each marijuana brick
• Referral Slip (Nov. 12, 2003)
• Joint sworn statement of Ramirez and Mariano (Nov. 12, 2003) and their signatures
• Sworn statem