Case Summary (G.R. No. 241610)
Procedural Background
The case originates from a Petition for Review on Certiorari seeking to overturn the decisions of the Court of Appeals (CA) and the Regional Trial Court (RTC) that found Tabingo guilty of illegal possession of dangerous drugs and drug paraphernalia. This petition was sparked by a police operation that took place on December 6, 2013, which led to the discovery of illegal drugs and paraphernalia in Tabingo’s residence.
Factual Assertions of the Prosecution
During the execution of Search Warrant No. 2013-115 on Tabingo’s residence in Tayug, Pangasinan, police officers discovered controlled substances concealed beneath furniture, leading to the arrest of Tabingo. Evidence presented included various drug paraphernalia and sachets containing suspected methamphetamine (shabu) residue. Following the search, the items were inventoried with barangay officials present, and Tabingo was charged under Sections 11 and 12 of RA 9165.
Defense Claims
Tabingo claimed he was not present in his home during the search, asserting that he was at a nearby location and was not permitted to witness the search of his residence. His defense argued that the search conducted was irregular and brought forward several procedural deficiencies occurring during the search and subsequent handling of evidence.
Trial Court Decision
On November 17, 2016, the RTC found Tabingo guilty as charged, imposing significant prison terms and fines for the illegal possession of drugs and paraphernalia. The trial court held that the prosecution met its burden of proof, as the items seized were linked to Tabingo without establishing reasonable doubt.
Appeal and Court of Appeals Ruling
Tabingo’s appeal highlighted alleged violations of the Revised Rules of Criminal Procedure concerning the execution of the search warrant. The CA upheld the RTC's conviction on May 30, 2018, dismissing the appeal and affirming the lower court's findings.
Grounds for Petition to the Supreme Court
In his petition, Tabingo claimed that the appellate court erred in affirming his conviction despite significant procedural missteps by the law enforcement officers during the search. He insisted that the police failed to adhere to mandatory provisions outlined in the rules, thereby tainting the evidence obtained as inadmissible.
Supreme Court’s Legal Analysis
The Supreme Court noted that the prosecution must establish the integrity and identity of illegal drugs beyond a reasonable doubt, especially given their susceptibility to tampering. It emphasized that the absence of the lawful occupant or a family member during a search invalidates the evidence obtained, invoking the exclusionary rule protecting against unreasonable searches and seizures under the 1987 Constitution.
Violations of Procedure
The Court fou
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Case Overview
- This case involves a Petition for Review on Certiorari filed by Loreto Tabingo y Ballocanag (the petitioner) challenging the decisions of the Court of Appeals (CA) which affirmed his conviction for violation of the Comprehensive Dangerous Drugs Act of 2002.
- The petition seeks to reverse the CA's Decision dated May 30, 2018, and Resolution dated August 16, 2018, which upheld the Regional Trial Court's (RTC) ruling that found him guilty of illegal possession of dangerous drugs and drug paraphernalia.
Factual Background
- On December 6, 2013, at approximately 6:30 a.m., a search warrant (No. 2013-115) was executed at Tabingo's residence in Sitio Baracca, Barangay A, Tayug, Pangasinan, by Police Officer III Gina T. Aromin and Police Officer II Esteban C. Fernandez along with other police officers.
- During the search, they discovered Rose Cabanilla hiding under a bed and seized various drug-related items, including:
- A glass tooter
- A glass pipe
- An improvised burner
- Six opened plastic sachets containing suspected shabu residue.
- The seized items were marked, inventoried, and later tested positive for Methamphetamine Hydrochloride (shabu) by the forensic chemist.
- Tabingo was charged with two separate informations for violations of Sections 11 and 12, Article II of Republic Act No. 9165.
Trial Court Proceedings
- Tabingo pleaded not guilty and presented his defense, stating that he was not present at his residence during the search. He had been located at his daughter's house nearby when the police arrived.
- The prosecution presented three witnesse