Title
People vs. Cristobal y Ambrosio
Case
G.R. No. 234207
Decision Date
Jun 10, 2019
Cristobal acquitted as warrantless search for shabu was unlawful; evidence inadmissible due to lack of lawful arrest and unconstitutional search.

Case Summary (G.R. No. 234207)

Petitioner

People of the Philippines

Respondent

Marlon Cristobal y Ambrosio

Key Dates

  • November 21–22, 2013: Alleged seizure of shabu
  • December 14, 2015: RTC conviction
  • June 29, 2017: CA affirmed conviction
  • June 10, 2019: Supreme Court decision

Applicable Law

  • 1987 Constitution (Art. III, Secs. 2–3[2]: protection against unreasonable searches and seizures)
  • RA 9165, Sec. 11, Art. II (possession of dangerous drugs)
  • RA 10054 (penalties for motorcycle helmet violation)
  • LTO Dept. Order No. 2008-39 (penalty for failure to carry OR/CR)

Facts

  1. At a Pasig City checkpoint, Cristobal was stopped for riding without a helmet and failing to produce OR/CR.
  2. While awaiting a citation ticket, he allegedly fled but was apprehended.
  3. PO2 Ramos frisked Cristobal for weapons (found none) but discovered a bulge in his pocket.
  4. Under order, Cristobal retrieved seven sachets of white crystalline substance later confirmed as methamphetamine hydrochloride.
  5. Seized items underwent proper marking, inventory before a barangay witness, transfer to crime lab for testing, and custody by the evidence custodian.

Procedural History

  • RTC found Cristobal guilty of illegal possession under RA 9165, sentencing him to 20 years and one day to life imprisonment plus a ₱400,000 fine.
  • CA affirmed, rejecting Cristobal’s denial and upholding evidentiary integrity despite procedural lapses.

Issue

Whether the warrantless search and seizure were lawful under the Constitution and RA 9165.

Supreme Court Ruling

  1. Constitution applies (decision date post-1990).
  2. No lawful arrest: Helmet and OR/CR violations carry fines only, prohibiting warrantless arrest or incidental search.
  3. Stop-and-frisk doctrine inapplicable:
    • Officers admitted finding no weapon.
    • Search continued beyond a limited outer-clothing pat-down for weapons.
    • Lacked
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