Case Summary (G.R. No. 133917)
Facts Leading to Arrest
In June 1996, SPO1 Paguidopon received information regarding a marijuana pusher in Davao City. In early July, while on surveillance with an informer, Paguidopon briefly observed Gregorio Mula riding a motorcycle. He did not see Nasario Molina at that time, nor did he know the accuseds’ names or addresses until after their arrest.
Arrest and Seizure
On the morning of August 8, 1996, Paguidopon learned the pusher would pass through NHA, Ma-a. He assembled a PNP team at his residence. At around 9:30 AM, a trisikad carrying Molina and Mula passed by. Paguidopon pointed them out; the team overtook the vehicle, ordered it to stop, and, upon a request to open a black bag, discovered 946.9 grams of dried marijuana. The accuseds were then handcuffed.
Trial Court Proceedings
Arraigned on September 4, 1996, the accused-appellants pleaded not guilty. They filed a Demurrer to Evidence arguing the marijuana was seized in violation of their constitutional rights; the trial court denied the demurrer and a subsequent motion for reconsideration. Opting not to present evidence, they filed a joint memorandum. On April 25, 1997, the RTC convicted them of violating Section 8 of RA 6425 as amended, sentencing them to death by lethal injection. The court ordered automatic elevation of the case to the Supreme Court.
Issues on Appeal
I. Whether the marijuana is inadmissible because it was obtained through an unreasonable search and seizure
II. Whether, assuming admissibility, the evidence fails to prove guilt beyond reasonable doubt
III. Whether the death penalty is improper absent aggravating circumstances
Constitutional Basis for Search and Seizure
Article III, Section 2 of the 1987 Constitution guarantees the inviolability of persons, houses, papers, and effects against unreasonable searches and seizures, requiring warrants based on probable cause. Section 3(2) provides that evidence obtained in violation of these rights is inadmissible.
Exclusionary Rule and Recognized Exceptions
The exclusionary rule bars unlawfully obtained evidence. Exceptions include:
- Search incident to lawful arrest
- Search of a moving vehicle
- Search under customs law
- Seizure in plain view
- Voluntary waiver of rights
- Stop-and-frisk (Terry) searches
In Flagrante Delicto Standard
A warrantless in flagrante delicto arrest must satisfy two requisites:
- Personal knowledge by the arresting officer of an overt act that the person has committed, is committing, or is attempting a crime
- The overt act must occur in the officer’s presence or view
Probable cause for such an arrest demands reasonable grounds supported by articulable facts, not merely uncorroborated information.
Application to the Case
The Court found no overt act by Molina or Mula indicating criminal conduct. Holding a bag on a trisikad, without more, did n
...continue readingCase Syllabus (G.R. No. 133917)
Facts of the Case
- In June 1996, SPO1 Marino S. Paguidopon, Jr., received information about an alleged marijuana pusher in Davao City.
- First sighting of accused-appellant Gregorio Mula occurred in early July 1996, when an informer pointed him out while driving a motorcycle; Paguidopon had never seen Nasario Molina prior to the arrest.
- On August 8, 1996, at around 7:30 AM, Paguidopon was informed that the pusher would pass by NHA, Ma-a, Davao City.
- By 8:00 AM, a police team led by SPO4 Dionisio Cloribel, with SPO1 Pamplona and SPO2 Paguidopon (brother of SPO1 Marino Paguidopon), deployed to Paguidopon’s house.
- At approximately 9:30 AM, a “trisikad” carrying Mula and Molina passed; Paguidopon identified them as the suspects, and the team overtook the vehicle.
- During the stop, Mula handed a black bag to Molina. SPO1 Pamplona identified himself and demanded the bag be opened; Molina said, “Boss, if possible we will settle this.”
- Opening the bag revealed 946.9 grams of dried marijuana. Both accused-appellants were then handcuffed and arrested.
Procedural History
- August 10, 1996: Information filed, charging both accused with possession of 946.9 g of dried marijuana, in violation of Section 8, Republic Act No. 6425, as amended by RA 7659.
- September 4, 1996: Accused-appellants pleaded not guilty upon arraignment.
- Prosecution presented three police officers as witnesses: Police Superintendent Eriel Mallorca, SPO1 Pamplona, and SPO1 Paguidopon, Jr.
- December 6, 1996: Accused-appellants filed a Demurrer to Evidence, claiming violation of their constitutional rights against unreasonable searches and seizures.
- Trial court denied the demurrer and the subsequent motion for reconsideration. Accused waived presentation of evidence and filed a joint memorandum.
- April 25, 1997: Regional Trial Court, Branch 17, Davao City found both accused guilty beyond reasonable doubt and sentenced them to death by lethal injection under RA 8176, elevating the case for automatic re