Case Summary (G.R. No. 229071)
Procedural History
• July 15, 2013: Information filed for violation of Section 11, Article II of RA 9165 (illegal possession of marijuana)
• November 22, 2013: RTC, Branch 13, Laoag City convicts respondent (12 years + 1 day to 14 years imprisonment; ₱300,000 fine)
• February 9, 2016: Court of Appeals (CA) affirms RTC Decision
• July 21, 2016: CA denies respondent’s motion for reconsideration
• December 10, 2018: Supreme Court grants respondent’s appeal; oral arguments held
• November 25, 2019: Supreme Court promulgates Decision under the 1987 Constitution
Applicable Law
• 1987 Constitution, Article III, Section 2 (unreasonable searches and seizures); Section 14(2) (presumption of innocence)
• Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002), Section 11 (possession) and Section 21 (custody and disposition of seized drugs)
• DDB Regulation No. 1, s. 2002, Section 1(b) (definition of chain of custody)
• ICAO Annex 17; RA 6235 (Anti-Hijacking Law), Section 9 (ticket proviso on searches)
Prosecution’s Case
• Hearsay by CSI Flor Tamayo: smelled marijuana at departure-area parking, observed a Caucasian man smoking
• Security Screening Officer (SSO) Suguitan conducts pat-down search (with consent)
• Two Marlboro packs retrieved: one with cigarettes; the other containing two rolled sticks of dried marijuana leaves
• SSO Suguitan turns over the pack to PO3 Joel Javier (PNP-ASG investigator)
• At PNP-ASG office: barangay officials and an ABS-CBN cameraman witness marking (“EO-1,” “EO-2”), inventory, and photographing of the two sticks in a Ziploc bag
• Specimens submitted to Ilocos Norte Crime Lab; forensic chemist testifies positive for marijuana
Defense Version
• Respondent smoked pre-rolled tobacco and a Marlboro cigarette outside initial checkpoint; returned to screening voluntarily
• Claims cigarette pack contained flavored tobacco wrapped in paper, not marijuana
• Officer at final checkpoint allegedly mistook tobacco for marijuana; no personal observation of actual marijuana smoking
• Camera bag search yielded only tiny grains which respondent insists were tobacco remnants
RTC Findings
• Search upheld as valid administrative airport security check (1987 Constitution, Art III, Sec 2 exception) and voluntary consent
• SSO Suguitan deemed credible; defense inconsistencies trivial and self-serving
• Chain of custody sustained: immediate placement on screening table, turnover to PO3 Javier, marking/inventory/photograph at office, lab submission, and positive chemistry report
• Conviction affirmed; respondent sentenced to 12 years + 1 day to 14 years imprisonment and ₱300,000 fine; seized sticks confiscated
Court of Appeals Ruling
• Affirms RTC on probable cause and legality of warrantless search under routine airport procedure and consent
• Elements of possession under RA 9165 established: unlawful custody of marijuana without license, conscious possession
• Minor inconsistencies in testimony deemed immaterial; chain of custody requirements found satisfied
Supreme Court Analysis
- Constitutional Basis
– 1987 Constitution applies (Decision date post-1990)
– Section 2, Article III safeguards against unreasonable searches but recognizes administrative-security exceptions (airport screening) - Administrative Search Exception
– Airport screenings are reasonable administrative searches to deter threats to civil aviation (People v. Johnson and subsequent jurisprudenc
Case Syllabus (G.R. No. 229071)
Procedural Background
- Accused‐Appellant Eanna O’Cochlain, a 53-year-old Irish national residing in Barangay Aring, Badoc, Ilocos Norte, was charged by Information dated July 15, 2013 with illegal possession of 0.3824 gram of dried marijuana leaves in violation of Section 11, Article II of R.A. 9165.
- At arraignment, O’Cochlain pleaded “not guilty.” He posted bail, but a hold‐departure order was issued and his passport was surrendered to the court.
- The Regional Trial Court (RTC), Branch 13, Laoag City, convicted him on November 22, 2013, sentencing him to 12 years and 1 day to 14 years imprisonment and a ₱300,000 fine; his motion for reconsideration was denied.
- On appeal, the Court of Appeals (CA) affirmed the RTC’s Decision on February 9, 2016 and denied his motion for reconsideration on July 21, 2016.
- O’Cochlain filed a notice of appeal with the Supreme Court, raising the validity of the warrantless search and alleged gaps in the chain of custody.
Facts of the Case
- On July 14, 2013, Civil Aviation Security Intelligence Officer Tamayo reported to Screening Officer Suguitan that a male Caucasian smoking near the terminal smelled of marijuana.
- Around 7:00 p.m., Suguitan was directed to frisk O’Cochlain at the final security checkpoint. During a voluntary pat-down search, Suguitan felt objects in O’Cochlain’s pockets.
- O’Cochlain produced two packs of Marlboro Red cigarettes. One pack contained two rolled sticks of what Suguitan, relying on Tamayo’s tip, believed to be dried marijuana leaves.
- The sticks were placed on a table at the checkpoint and later turned over to PO3 Javier, who marked them “EO-1” and “EO-2,” conducted an inventory, and had them photographed in the presence of barangay officials and a media witness.
- O’Cochlain was brought for medico-legal examination; the sticks were submitted to the Ilocos Norte Provincial Crime Laboratory, where a forensic chemist certified they tested positive for marijuana.
- O’Cochlain’s defense asserted he smoked flavored t