Case Summary (G.R. No. 76005)
Procedural History and Lower-Court Ruling
Bocalan, Fernandez, and Exala were charged under Sec. 4, Art. II, R.A. 6425 for transporting prohibited drugs. The Regional Trial Court found Bocalan guilty as a principal and sentenced him to life imprisonment and a ₱25,000 fine. Fernandez and Exala were convicted as accomplices with lighter penalties. Fernandez appealed; Exala did not. Bocalan’s conviction, being final only with this Court, was reviewed on appeal.
Appellant’s Arguments on Ownership and Search Legality
Bocalan denied ownership of the bag, attributing it to Exala, whom he claimed he merely gave a ride. He also challenged the admissibility of the seized marijuana, contending it was the product of a warrantless search not incident to arrest.
Ownership Immaterial to Transportation Offense
The Court held that Sec. 4, Art. II of R.A. 6425 penalizes “transportation” of prohibited drugs regardless of ownership. Conviction does not require proof that the accused owned the contraband, only that he dispatched or transported it without authority.
Credibility Findings and Direct Involvement
The trial court found Bocalan’s account implausible: he diverted significantly out of his way to pick up Exala, whom he barely knew, solely to fetch the bag. Exala’s shifting explanations further undermined Bocalan’s claim. Witness testimony established Bocalan as driver, principal transporter, and likely owner of the bag. The Court accorded great respect to these factual determinations.
Waiver of Search-Warrant Objection
Bocalan never objected at trial to the warrantless search; thus, any challenge to evidence admissibility was waived. Even absent waiver, the search was justified under the “stop-and-search” doctrine at checkpoints upheld by this Court.
Stop-and-Search Doctrine and Probable Cause
Checkpoints established under “Operation Bakal” permit routine inspection for prohibited items. Officers’ observation of a suspicious, bulging bag combined with the occupants’ nervous, evasive demeanor supplied probable cause for an extended search. The accused’s silence and lack of protest amounted to implie
...continue readingCase Syllabus (G.R. No. 76005)
Background and Checkpoint Apprehension
- On 2 November 1982, about 8:15 PM, a private jeep driven by Restituto B. Bocalan was stopped at a police checkpoint in Cavite City.
- The checkpoint was established under “Operation Bakal” to search for unlicensed firearms and other prohibited items.
- With Bocalan in the jeep were co-accused Jaime P. Fernandez and Rodelio C. Exala.
- Pfc. Ricardo Galang inspected the vehicle, shone a flashlight inside, and observed a black leather bag (approx. 1 ft. by 2 ft.) with bulging sides.
- Upon inquiry, the occupants remained silent and displayed nervous, fidgety behavior.
- Galang ordered the bag opened and discovered what he described as “marijuana, marijuana, napakaraming marijuana.”
- The three accused were immediately taken to the police station for further investigation.
- Laboratory examination confirmed the bag contained more than two (2) kilos of Indian hemp (marijuana).
Trial Court Findings
- The Regional Trial Court of Cavite City found Restituto B. Bocalan guilty beyond reasonable doubt of violating Section 4, Article II of R.A. 6425, as amended (“The Dangerous Drugs Act of 1972”).
- Bocalan was convicted as principal, sentenced to life imprisonment, and fined ₱25,000.00.
- Rodelio C. Exala and Jaime P. Fernandez were convicted as accomplices and received lighter penalties.
- Fernandez appealed to the Court of Appeals; Exala did not.
- Bocalan’s punishment being reviewable only by the Supreme Court, he brought the present appeal.
Appellant’s Contentions
- Ownership Defense: Bocalan argued the bulging bag belonged solely to Exala, who allegedly fetched it in Salitran, Dasmariñas, Cavite, and kept it beside him throughout the trip.
- Warrantless Search: He claimed the seizure of the bag was unlawful because it was co