Case Summary (G.R. No. 129296)
Procedural Posture
Abe Valdez was charged by information on September 26, 1996 with planting and cultivating seven fully grown marijuana plants weighing 2.194 kg. He pleaded not guilty at arraignment on November 15, 1996. The Regional Trial Court of Bayombong, Branch 27, found him guilty and sentenced him to death by lethal injection on February 18, 1997. The Supreme Court granted automatic review.
Facts: Discovery and Arrest
Acting on a tip, a police team led by Inspector Alejandro R. Parungao trekked to Valdez’s kaingin at Sitio Bulan on September 25, 1996. They found seven five-foot tall flowering marijuana plants approximately 25 meters from Valdez’s nipa hut. Valdez allegedly admitted ownership when questioned and was photographed beside the plants. The plants were uprooted and Valdez was arrested.
Laboratory and Land Certification
One uprooted plant (1.090 kg) was submitted to the PNP Crime Laboratory, where forensic analyst Prevy Fabros Luwis confirmed through microscopic and chemical examinations that it was marijuana. A DENR certification established that the land (Lot 3224 Timberland Block B) formed part of the public domain under Integrated Social Forestry; Valdez was an acknowledged occupant without a stewardship certificate.
Defense Testimony
Valdez testified that he was lured by an unidentified person to a site 100 meters from his hut, where police forced him to admit ownership under threat. He claimed he merely weeded his vegetable farm and denied planting the plants. He alleged coercion by a barangay peace officer with a personal grudge and said he was made to pose for photographs and uproot five plants.
Prosecution Rebuttal
SPO3 Marcelo Tipay, rebuttal witness, presented a sketch showing the marijuana plot 40 meters from Valdez’s old hut and 250 meters from a neighbor’s. He conceded he made measurements without a surveyor and based ownership inference on informant information and proximity.
Trial Court Decision
The trial court held the search valid under the “plain view” doctrine and admitted the uprooted plants and Valdez’s admission. It found guilt beyond reasonable doubt and imposed the death penalty by lethal injection, with costs against Valdez.
Issues on Appeal
- Lawfulness of the warrantless search and seizure
- Admissibility of the seized marijuana plants
- Sufficiency of evidence to prove guilt beyond reasonable doubt
- Validity of Valdez’s admission and imposition of the death penalty
Search and Seizure Analysis
Under the 1987 Constitution, searches require judicial warrant upon probable cause unless specific exceptions apply. The police had ample time to secure a warrant, yet conducted a pre-arranged operation to uproot plants. The “plain view” exception fails because officers actively searched for the plants and they were not immediately apparent without a further search. The absence of fencing does not negate protection against unreasonable searches.
Exclusion of Seized Plants
The uprooted plants are “fruits of the poisonous tree” under Article III, Sections 2 and 3(2) of the Constitution. Their seizure without warrant or valid exception renders them inadmissib
...continue readingCase Syllabus (G.R. No. 129296)
Facts of the Case
- On September 24, 1996, SPO3 Marcelo Tipay received a tip that Abe Valdez y Dela Cruz was cultivating marijuana at Sitio Bulan, Barangay Sawmill, Villaverde, Nueva Vizcaya.
- Police Inspector Alejandro Parungao organized a reaction team (Tipay, SPO2 Libunao, SPO2 Morales, SPO1 Tobias, PO2 Balut) to verify and uproot the plants and arrest the cultivator.
- At 5:00 A.M. on September 25, 1996, the team and their informer arrived at Valdez’s kaingin after a three-hour uphill trek. They found seven five-foot-high, flowering marijuana plants approximately 25 meters from Valdez’s nipa hut.
- According to PO2 Balut’s testimony, Valdez admitted ownership of the plants on being asked. The plants were uprooted, weighed 2.194 kg in total, and photographed beside the accused.
- One uprooted plant (1.090 kg) was submitted to the PNP Crime Laboratory. Forensic analyst Inspector Prevy Luwis confirmed by microscopic and chemical tests that it was marijuana.
- A DENR certification established that the lot where the plants grew was public timberland (Lot 3224, Timberland Block B) under Integrated Social Forestry; Valdez occupied it but held no Certificate of Stewardship.
Procedural History
- September 26, 1996: Information filed charging Valdez with unlawful cultivation of seven fully grown marijuana plants (Section 9, R.A. No. 6425 as amended).
- November 15, 1996: Arraignment; Valdez pleaded not guilty. Trial on the merits ensued.
- February 18, 1997: RTC, Bayombong, Branch 27, found Valdez guilty beyond reasonable doubt and sentenced him to death by lethal injection; plants and land ordered confiscated.
- Automatic review before the Supreme Court ensued under G.R. No. 129296.
Issues Presented
- Was the search and seizure of the marijuana plants lawful, or should the evidence have been excluded as the fruit of an i