Case Summary (G.R. No. 75954)
Petitioner
People of the Philippines
Respondent
Ely Policarpio y Natividad alias “Dagul”
Key Dates
• April 11, 2007 – Issuance of Search Warrant No. 0085 by RTC Branch 35, Santiago City
• April 12, 2007 – Implementation of search warrant at respondent’s residence
• October 15, 2013 – RTC Decision convicting respondent of drug and gun‐ban violations
• August 18, 2016 – Court of Appeals Decision affirming drug convictions, acquitting on COMELEC gun‐ban charge
• April 5, 2017 – Supreme Court Resolution adopting CA ruling on drug convictions
• January 20, 2021 – Supreme Court Resolution on Motion for Reconsideration
Applicable Law
• 1987 Constitution, Article III (Search and Seizure)
• Batas Pambansa Blg. 881, Section 261(q) (COMELEC gun ban)
• Republic Act No. 9165, Sections 11 & 12, Article II (Illegal Possession of Dangerous Drugs and Paraphernalia)
• R.A. 9165, Section 21(1) and its IRR (Chain of Custody)
Facts
A PDEA team secured and executed Search Warrant No. 0085 at respondent’s home in Barangay Malvar, Santiago City. They confiscated nine sachets of shabu (21.07 g), drug paraphernalia, cash, deposit slips, and a .45-caliber Colt pistol. Respondent was arrested on the spot and charged with:
- Illicit possession of shabu (R.A. 9165, Secs. 11 & 12);
- Possession of drug paraphernalia (R.A. 9165, Secs. 11 & 12);
- Violation of the COMELEC gun‐ban (BP 881, Sec. 261[q]).
Prosecution’s Evidence
• Testimony of IO3 Asayco and Agent Sanchez: Proper reading and service of warrant; marking and turnover of seized items; presence of barangay officials and media during inventory; instant arrest and rights advisement.
• Forensic Chemist Agcaoili (stipulated): Chemical report confirming methamphetamine hydrochloride in seized sachets.
• Search Warrant, Inventory Receipts signed by respondent and barangay officials.
Defense’s Evidence
Respondent denied signing confiscation receipts, claimed irregularity in warrant reading, absence of household members during inventory, and no knowledge of seized items.
Trial Court Decision
RTC Branch 35 found search warrant valid, admitted evidence, and convicted respondent of all three charges: life imprisonment and fine for shabu possession; six months–one day and fine for paraphernalia; one‐year imprisonment for gun‐ban violation.
Court of Appeals Decision
The CA affirmed convictions for illegal possession of shabu and paraphernalia, citing unbroken chain of custody and valid warrant. It acquitted respondent of the COMELEC gun‐ban violation.
Issues on Appeal
Whether:
- Search Warrant No. 0085 was fatally defective in description of place and items;
- Prosecution failed to establish an unbroken chain of custody under R.A. 9165, Sec. 21(1) and IRR.
Supreme Court Ruling
- Validity of Search Warrant
– Under the 1987 Constitution, particularity is measured by whether officers can, with reasonable effort, identify the place and things described.
– Although the warrant cited “Purok 4, Malvar, Santiago City” and “undetermined quantity of shabu; several drug paraphernalia,” the deponents and barangay officials guided the team unerringly to respondent’s house.
– The description of narcotics and paraphernalia was sufficiently particular as directly related to the offense. - Chain of Custody Lapses
– No evidence that seized shabu and paraphernalia were phot
Case Syllabus (G.R. No. 75954)
Facts
- Ely Policarpio y Natividad (“Dagul”) was charged with:
- Possession of a .45 caliber pistol without COMELEC authority during election period (Sec. 261(q), BP Blg. 881; Crim. Case No. 35-5585).
- Unlawful possession of 21.07 g shabu (Sec. 11, Art. II, RA 9165; Crim. Case No. 35-5586).
- Possession of drug paraphernalia (Sec. 12, Art. II, RA 9165; Crim. Case No. 35-5587).
- He pleaded not guilty; the three cases were tried jointly after pre-trial before RTC, Branch 35, Santiago City, Isabela.
Prosecution’s Version
- PDEA IO3 Dexter Asayco and Agent Seymoure D. Sanchez executed Search Warrant No. 0085 on April 12, 2007 at Policarpio’s house, with PSI Jaime De Vera leading and barangay officials present.
- Seized items:
- Nine heat-sealed sachets containing white crystalline substance (suspected shabu).
- Eleven deposit slips and Php 17,700 in cash in a blue clutch bag.
- Drug paraphernalia hidden in a wall-box.
- One .45 caliber Colt pistol (Serial No. 452857), magazine, and live rounds beneath a bed cushion.
- Items were marked “DBA” (Asayco) and “SDS” (Sanchez), inventoried before the accused, his mother, barangay officials, media, and CI Natividad; confiscation receipts signed by all.
- Policarpio was Mirandized and arrested on the spot.
- Forensic Chemist Roda Agcaoili (stipulated) confirmed methamphetamine hydrochloride in Chemistry Report No. D-20-2007.
- Search Warrant No. 0085, issued April 11, 2007 by RTC Judge Efren M. Cacatian, authorized search for “undetermined quantity of shabu” and “several drug paraphernalia used in repacking shabu.”
Defense’s Version
- Policarpio claimed:
- He was awakened at 6 a.m. by armed officers; warrant was neither explained nor validly served.