Case Summary (G.R. No. 47048)
Key Dates
- September 21, 1996: Alleged surveillance, arrest, search, and seizure
- September 15, 1998: Trial court decision rendered
- February 4, 2003: Supreme Court decision
Applicable Law
- 1987 Philippine Constitution, Article III, Section 2 (protection against unreasonable searches and seizures)
- Republic Act No. 6425 (Dangerous Drugs Act of 1972), Section 16, as amended by R.A. 7659 (possession of methamphetamine hydrochloride – “shabu”)
- Rules on warrantless arrests in flagrante delicto and stop‐and‐frisk searches under Fourth Amendment principles as applied in Philippine jurisprudence
Procedural History
Binad Sy Chua was charged in two informations: Criminal Case No. 96-507 for illegal possession of approximately 1.955 kilograms of shabu and Criminal Case No. 96-513 for possession of twenty (.22 cal.) live ammunition rounds without a license. He pleaded not guilty. The trial court tried both cases jointly, acquitting him for Illegal Possession of Ammunition but finding him guilty beyond reasonable doubt for illegal possession of shabu, sentencing him to reclusion perpetua and a ₱1,000,000 fine. Chua appealed, contesting the legality of his warrantless arrest, the search and seizure, and the sufficiency of evidence.
Statement of Facts
On September 21, 1996, at around 10:00 p.m., SPO2 Nulud and PO2 Nunag, acting on a confidential informer’s tip that Chua would deliver illegal drugs near Thunder Inn Hotel, set up surveillance with civilian assets. At approximately 11:45 p.m., the informer identified a car driven by Chua parked near the hotel. As Chua alighted carrying a sealed Zest-O juice box, officers “pounced” on him, introduced themselves as police, and conducted a body search. They retrieved a small transparent bag containing a crystalline substance from his back pocket and twenty live .22-caliber bullets from another pocket. Upon inspecting the juice box, they discovered two large plastic bags of crystalline substance. The officers confiscated these items and Chua’s vehicle, brought them to Col. Gutierrez at PNP Headquarters, and conducted a field test that was positive for shabu. Subsequently, forensic chemist S/Insp. Daisy Babor confirmed the total weight at 1.955815 kilograms.
Accused’s Version and Corroboration
Chua denied wrongdoing, claiming he was en route to Manila when a “policeman” abruptly accosted and arrested him at gunpoint in front of a store near Thunder Inn Hotel. He alleged he was then taken to a station bathroom, held for fifteen minutes, and forced to display the juice box for media photographs ordered by Col. Gutierrez. Wilfredo Lagman, a bystander, partially corroborated Chua’s account, testifying to witnessing the arrest sequence.
Trial Court Decision
The Regional Trial Court of Angeles City, Branch 59, held that:
- The warrantless arrest and search were valid because Chua was caught in flagrante delicto with regulated drugs.
- Probable cause existed based on the informer’s tip, justifying a stop‐and‐frisk akin to a Terry stop.
- Chua was acquitted of ammunition possession due to insufficient evidence but convicted of shabu possession and sentenced accordingly.
Issues on Appeal
- Whether the warrantless arrest was lawful under in flagrante delicto or stop‐and‐frisk principles.
- Whether the search and seizure were valid or tainted by illegality.
- Whether the prosecution evidence proved guilt beyond reasonable doubt.
Analysis on Warrantless Arrest
Neither exception to the warrant requirement applies:
- In flagrante delicto arrests demand that the accused commit or attempt the crime in the officer’s presence. Chua displayed no overt act of committing, attempting, or immediately having committed a crime when approached. The arresting officers relied solely on prior informer reports rather than real‐time observation.
- Stop‐and‐frisk searches require an immediate reasonable belief of danger based on unusual conduct, limited to outer clothing for weapons. Chua exhibited no suspicious or threatening behavior warranting protective frisk. Moreover, the search preceded any lawful arrest, contrary to allowable scope.
Analysis on Search and Seizure
- The evidence was not in plain view. Officers first arrested Chua, then intentionally searched his person and the sealed juice box.
- The informant’s longsta
Case Syllabus (G.R. No. 47048)
Facts of the Case
- On September 21, 1996, in Angeles City, PNP operatives acting on a tip from a confidential informant prepared a drug and ammunition sting targeting accused-appellant Binad Sy Chua.
- The informant reported that appellant would deliver shabu at the Thunder Inn Hotel and distribute drugs in local karaoke bars.
- A police team was formed under Col. Neopito Gutierrez, with SPO2 Mario Nulud and PO2 Emmeraldo Nunag among the arresting officers.
- The informant identified appellant’s car parked near the hotel entrance; upon accosting him, officers introduced themselves as police.
- Appellant pulled out his wallet, revealing a small bag containing crystalline substance; a body search yielded twenty .22-caliber live rounds in his back pocket.
- Officers opened appellant’s sealed Zest-O juice box and found two large plastic bags of crystalline substance.
- Initial field test and subsequent laboratory analysis confirmed the substances as methamphetamine hydrochloride (shabu), weighing a total of approximately 1.955 kilograms.
Charges and Informations
- Criminal Case No. 96-507: Violation of Section 16, Article III of R.A. 6425, as amended, for possession of regulated drug (shabu) without authority, alleging two kilos plus fifteen grams.
- Criminal Case No. 96-513: Illegal possession of twenty pieces of live .22-caliber ammunition without license or permit.
- Appellant pleaded not guilty; the cases were tried jointly in the Regional Trial Court (RTC), Angeles City, Branch 59.
Prosecution Evidence
- Testimony of SPO2 Mario Nulud and PO2 Emmeraldo Nunag: described the informant’s tip, surveillance positions, and the moment of arrest and seizure.
- Confiscated items taken to Camp Pepito headquarters, where Col. Gutierrez opened the Zest-O box; field test by SPO2 Danilo Cruz indicated presence of shabu.
- Forensic chemist S/Insp. Daisy Babor at Camp Olivas crime laboratory authenticated the substances as shabu, with precise weight measurements.
Defense Version
- Appellant claimed he was driving his wife’s car to follow family to