Title
Quilet y Fajardo vs. People
Case
G.R. No. 242118
Decision Date
Sep 2, 2020
Petitioner acquitted due to procedural lapses in search, inconsistent markings, and absence of required witnesses, upholding presumption of innocence.

Case Summary (G.R. No. 242690)

Applicable Law

The case primarily concerns the illegal possession of dangerous drugs under Section 11(3), Article II of Republic Act No. 9165, referred to as the "Comprehensive Dangerous Drugs Act of 2002." The 1987 Philippine Constitution is the constitutional basis for this decision, given that the case ruling occurred in 2020.

Factual Background

The petitioner was charged with illegal possession of dangerous drugs following an incident that took place on October 7, 2014. During a visit to the Manila City Jail, where he intended to see his boyfriend, a jail officer conducted a body search and discovered a plastic sachet containing marijuana in the padding of the petitioner’s bra. The evidence collected underwent proper procedure according to the officers involved, culminating in the seizure of the illicit substance.

Ruling of the Regional Trial Court

Following a trial, the RTC found petitioner guilty, asserting that the prosecution successfully established all elements necessary for a conviction of illegal possession of dangerous drugs. The RTC imposed an indeterminate sentence of imprisonment ranging from thirteen years and one day to fourteen years, along with a fine. The court ordered the destruction of the confiscated marijuana.

Court of Appeals’ Ruling

The CA affirmed the RTC’s decision, agreeing that the prosecution adequately proved the charge against the petitioner. The CA dismissed the argument regarding the irregularity of the body search, noting it was conducted according to the Bureau of Jail Management and Penology’s Standard Operating Procedure (BJMP SOP No. 2010-05). It stated that the procedural rights concerning strip searches were observed despite the petitioner’s claims to the contrary.

Issues Raised by the Petitioner

Petitioner presented several arguments for reconsideration:

  1. Alleged inadmissibility of the evidence due to being a "fruit of the poisonous tree."
  2. Irregularities in the marking and inventory of the seized item.
  3. The prosecution's failure to sufficiently rebut the presumption of innocence.

Supreme Court’s Ruling

The Supreme Court found merit in the petition, holding that the arresting officers failed to adhere to prescribed procedures regarding the strip search protocol outlined in BJMP SOP No. 2010-05. The Court emphasized that proper search procedures are essential to safeguard constitutional rights and the integrity of evidence. The failure to follow these protocols negated the presumption of regularity that usually accompanies official actions by law enforcement.

Discussion on Procedural Failures

The Court identified significant lapses in the prosecution's adherence to BJMP SOP No. 2010-05. The specifics of how searches are conducted must be rigorously followed, particularly when escalating from a pat/frisk search to a strip search. The petitioner had not exhibited suspicious behavior that would justify such an escalation. The SOP mandates certain conditions must be met, including obtaining a visitor's consent for a strip search, adequacy of warden oversight, and maintaining confidentiality during

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