Case Summary (G.R. No. 243022)
Facts of the Anti-Narcotics Operation
At around 5 p.m. on April 7, 2010, a CI informed PDEA-CAR of a planned delivery of marijuana by “Paul” and “Warton.” A PDEA team, led by IA3 Tacio and supervised by Dir. Apalla, surveilled near the Strawberry Farm entrance. At 9 p.m., the CI identified Paul (carrying a striped plastic bag) and Warton (carrying a carton).
Seizure and Chain of Custody
Agents Yapes and Asiong approached Paul, smelled marijuana upon opening the bag, cut a portion for inspection, and seized three bricks. Agent Langwas chased and apprehended Warton, who dropped a carton containing seven similar bricks. All items were marked on site, inventoried at PDEA-CAR headquarters in the presence of barangay, media, and DOJ representatives, and later turned over to PDEA and PNP custody for laboratory examination. PSI Biadang Jr. confirmed via physical, chemical, and confirmatory tests that the specimens were marijuana.
RTC Decision
The Regional Trial Court ruled the warrantless search and arrest lawful under the in flagrante delicto exception, finding reasonable grounds based on the CI’s tip and the accused’s conduct. It admitted the seized evidence despite no photographs, citing preservation of integrity and presumption of regularity. Both accused were convicted and sentenced to life imprisonment plus fines; Paul’s recognizance was cancelled upon reaching majority.
CA Decision
The Court of Appeals affirmed, holding that:
- The CI tip and the accused’s flight constituted overt acts justifying in flagrante delicto arrest under Rule 113, Section 5(a).
- Search was incidental to lawful arrest; inventory and markings preserved chain of custody.
- Failure to photograph did not undermine evidentiary integrity.
Issues on Appeal
- Validity of warrantless arrest of Warton
- Reasonableness of warrantless search
- Compliance with Section 21, Article II of R.A. 9165 (inventory and photography)
Supreme Court Analysis on Warrantless Arrest
The Court held that flagging a taxi and waiting on a highway are innocent acts that do not satisfy the “overt act” requirement for in flagrante delicto under Rule 113, Section 5(a). No personal knowledge existed for hot pursuit (Section 5(b)), and Warton was not an escapee (Section 5(c)). His flight was a consequence of the CI-prompted approach, not an independent overt act. Thus, the arrest was illegal.
Supreme Court Analysis on Illegal Search and Seizure
Under the 1987 Constitution, evidence
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Procedural History
- G.R. No. 243022, promulgated July 14, 2021 by the Supreme Court, First Division
- Appeal by Warton Fred y Layogan from the CA Decision (Sept. 8, 2017) in CA-G.R. CR-HC No. 07870
- CA had affirmed the RTC Judgment (Nov. 21, 2013) convicting both accused of illegal possession of dangerous drugs under Section 11, Article II, R.A. 9165
- Dispositive portion of CA decision: Life imprisonment and a fine of ₱500,000 each; transfer to National Bilibid Prison; cancellation of minor co-accused’s recognizance
Accusatory Portion and Pleas
- Date, time and place: April 7, 2010, around 9:00 p.m., Km. 6, Betag, La Trinidad, Benguet
- Offense: Possession of 17,599 grams of marijuana bricks, in violation of R.A. 9165
- Accused: Paul Mark Malado y Balang (minor of 16 years, 8 months, acted with discernment) and Warton Fred y Layogan
- Both pleaded not guilty
Prosecution Evidence
- Six witnesses: Five PDEA-CAR agents (Yapes, Asiong, Langwas, Apalla, Tindaan) and PNP PSI Alex Biadang Jr. (Forensic Chemical Officer)
- Key events:
• CI’s tip to IA3 Jeoffrey Tacio confirmed by Dir. Apalla, leading to an anti-narcotics operation
• Surveillance team positioned near Strawberry Farm entrance at 8:30 p.m.
• CI identified Paul (with plastic bag) and Warton (with carton) upon emergence from residential gate
Seizure and Arrest
- Paul accosted:
• Agents Yapes and Asiong asked and forced him to open bag
• Three brick-shaped packages in brown tape smelled of marijuana; one brick cut and identified on site
• Seized items marked “MWY, 4-7-2010” and “MWY-1 to MWY-3, 4-7-2010” - Warton chased and apprehended:
• Fled toward swamp area, abandoned carton
• Carton contained seven bricks identical to Paul’s; marked “MWY-4 to MWY-10, 4-7-2010”
• Both accused informed of constitutional rights before arrest
Inventory, Marking and Laboratory Examination
- Items turned over to Agent Tindaan at PDEA-CAR office; documents prepared: Joint Affidavit of Arrest, Booking Sheets, Arrest Report, Inventory of Seized Items, Requests for Physical and Laboratory Examination
- Inventory conducted at 1:00 a.m. on April 8, 2010, in presence of barangay, media, DOJ rep
- Seized items stored in PDEA evidence room
- Medico-legal certificates issued after physical exam at Benguet General Hospit