Title
People vs. Tangliben y Bernardino
Case
G.R. No. L-63630
Decision Date
Apr 6, 1990
Police surveilled San Fernando Terminal; seized marijuana from Medel Tangliben ’82; conviction upheld despite warrantless search, evidence sufficiency affirmed; penalty modified.
A

Case Summary (G.R. No. L-63630)

Factual Background

In the late evening of March 2, 1982, Patrolmen Silverio Quevedo and Romeo L. Punzalan, together with Barangay Tanod Macario Sacdalan, were conducting surveillance at the Victory Liner terminal in Barangay San Nicolas, San Fernando, Pampanga. The patrolmen observed a man carrying a red traveling bag who acted suspiciously, stopped him and, after identifying themselves, requested that he open the bag. Inside were dried leaves wrapped in plastic which the patrolmen identified as marijuana and which they estimated to weigh approximately one kilo. The man gave his name as Medel Tangliben and allegedly told the officers that he was waiting for a ride to Olongapo City to deliver the contents. The man was taken to the police station for investigation.

Prosecution Evidence

The prosecution presented oral testimony of Patrolmen Silverio Quevedo and Romeo Punzalan and documentary exhibits including the red traveling bag (Exhibit G), the seized material (Exhibit B), an investigator’s report (Exhibit F), a field test report by Patrolman Roberto Quevedo (Exhibit H and E), and laboratory examination results from the PCCL at Camp Olivas (Exhibits A, A-1, C, C-1). Patrolman Roberto Quevedo conducted an on-the-spot field test that yielded a positive result for marijuana and transported the remaining material to the PCCL, where forensic chemist Marilene Salangad examined the sample and likewise found it to be marijuana.

Defense Evidence

The accused testified as sole defense witness. He denied leaving his residence in Antipolo on March 2, 1982, and recounted activities in Subic on March 3, 1982, including drinking and attempting to catch a Manila-bound bus. He asserted that when approached at the Victory Liner terminal he was accosted by Patrolman Punzalan, who took his wallet and money and later brought him to the municipal building for verification, where Patrolman Silverio Quevedo allegedly took a fifty-peso bill. The accused denied ownership of the marijuana and alleged misconduct by the arresting officers.

Trial Court Proceedings and Conviction

The Regional Trial Court found the prosecution witnesses credible, accepted the positive field and laboratory tests as corroboration, and concluded that the accused willfully and unlawfully possessed one bag of dried marijuana leaves weighing approximately one kilo and intended to transport them to Olongapo City. The trial court convicted the accused of violating Section 4, Article II of Republic Act 6425 and sentenced him to life imprisonment, fined him P20,000, and ordered costs.

Appellate Contentions

On appeal the accused initially assigned a single error asserting conviction on insufficient and doubtful evidence. New appellate counsel later raised three assignments of error: that the marijuana was the product of an unlawful warrantless search and therefore inadmissible; that the alleged seized package was not properly authenticated; and that the prosecution failed to prove guilt beyond reasonable doubt.

Search Incident to Arrest and Warrantless Seizure

The Supreme Court addressed the contention that the seizure was unlawful. It observed that a person lawfully arrested may be searched without a warrant under Rule 126, Section 12, and that a peace officer may arrest without a warrant when the offense was committed in his presence under Rule 113, Section 5(a). The Court found that the accused was caught in flagrante while carrying the contraband and that the warrantless search was incident to a lawful arrest. The Court distinguished People v. Aminnudin, 163 SCRA 402, on the ground that the present arrest involved urgency and on-the-spot information from an informer, whereas in Aminnudin the police had time to obtain a warrant. The Court relied on People v. Claudio, 160 SCRA 646, to support the lawfulness of warrantless seizure in in flagrante cases.

Authentication of the Seized Package

The Court rejected the claim of non-authentication. Patrolman Roberto Quevedo testified that he delivered the marijuana package to the PCCL together with a letter-request for examination, and the forensic chemist testified that she received the substance together with the letter-request bearing the accused’s name. The Court concluded that the requirements for authentication were sufficiently complied with and that, even if authentication were imperfect, the independent positive field test by Patrolman Roberto Quevedo corroborated the nature of the seized material.

Admissibility of Extrajudicial Confession

The Court disallowed reliance on any alleged extrajudicial admission by the accused that he intended to transport the marijuana, because the record did not show that the accused had been apprised of his rights to remain silent and to counsel prior to custodial questioning. The Court cited People v. Duero, 104 SCRA 379, and People v. Tolentino, 145 SCRA 597, for the rule that the prosecution must prove that a custodial confession was preceded by appropriate warnings and an intelligent waiver.

Sufficiency of Evidence, Credibility, and Intent to Transport

The Court afforded deference to the trial court’s assessment of credibility and upheld the prosecution witnesses’ testimonies as positive and corroborated by laboratory results. The Court noted the weaknesses in the accused’s uncorroborated, self-serving testimony and his failure to pr

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