Case Summary (G.R. No. 91486)
Key Dates
– April 6, 2004: Stop, arrest, and seizure of 248 g of marijuana from petitioner’s motorcycle.
– May 28, 2004: Information filed for illegal possession of dangerous drugs (RA 9165, Sec. 11).
– November 17, 2010: RTC of Malaybalay Conviction.
– August 8, 2014 & February 9, 2015: CA Decision and Resolution affirming conviction with penalty modifications.
– February 23, 2022: Supreme Court Decision granting petition.
Applicable Law
– 1987 Constitution, Article III, Section 2 (right against unreasonable searches and seizures).
– Rules of Court, Rule 113, Section 5 (warrantless arrests).
– RA 9165 (Comprehensive Dangerous Drugs Act of 2002): Section 11 (possession offense) and Section 21 (chain of custody).
– IRR of RA 9165 (inventory, marking, photographing, and handling of seized drugs).
– Jurisprudence on checkpoint searches, in flagrante delicto, and chain of custody (e.g., Caballes v. People; People v. del Rosario).
Factual Background
During a routine afternoon checkpoint inspection, officers requested petitioner’s motorcycle CR/OR. Upon his failure to produce documents, they inspected his vehicle, discovering bundles of suspected marijuana in the tool compartment and under the driver’s seat. The seized substance and petitioner’s urine tested positive for marijuana. Petitioner denied ownership and alleged coercion.
Procedural History and Rulings Below
– RTC: Found lawful arrest and justified warrantless search; convicted petitioner under RA 9165 Sec. 11, imposed life imprisonment plus fine; ordered destruction of drugs.
– CA: Held petitioner waived arrest–search legality by failure to object before arraignment; struck down evidence of use (urinalysis) based on Social Justice Society v. DDB; reduced penalty to 12 years + 1 day to 18 years 9 months and fine of ₱300 000.
Issue
Whether the warrantless arrest and search, and the chain of custody of the seized drugs, complied with constitutional and statutory requirements, thus sustaining conviction for illegal possession of dangerous drugs.
Warrantless Arrest and Search Analysis
– Constitution requires judicial warrant based on probable cause, with limited exceptions (search incidental to lawful arrest; in flagrante delicto; checkpoint searches subject to strict requirements).
– Checkpoint searches are lawful when limited to routine inspection or when extended by probable cause.
– Petitioner’s failure to produce OR/CR raised reasonable suspicion of stolen vehicle, justifying extended search.
– Discovery of marijuana in plain view during search incidental to lawful arrest rendered seizure lawful.
Chain of Custody Analysis
– RA 9165 Sec. 21 and IRR mandate immediate marking, physical inventory, and photographing of seized drugs in the presence of the accused (or counsel), media, DOJ representative, and elected official.
– Records showed no inventory report, no marking or photographing in petitioner’s presence, and absence of required witnesses and DOJ/media repres
Case Syllabus (G.R. No. 91486)
Procedural History
- Petition for review on certiorari filed before the Supreme Court assails the August 8, 2014 Decision and February 9, 2015 Resolution of the Court of Appeals in CA-G.R. CR No. 00911-MIN
- The CA had affirmed with modifications the November 17, 2010 Decision of the Regional Trial Court of Malaybalay City, Branch 8, in Criminal Case No. 14300-04
- RTC found petitioner guilty beyond reasonable doubt of illegal possession of dangerous drugs under Section 11, Article II of RA 9165; sentenced him to life imprisonment and fine
- CA upheld conviction but modified penalty in light of Social Justice Society v. Dangerous Drugs Board; imposed 12 years and 1 day to 18 years and 9 months imprisonment and fine of ₱300,000.00
- Petitioner elevated the case to the Supreme Court arguing illegal warrantless search and violation of privacy rights
Facts
- On April 6, 2004 at about 5:45 p.m., PNP personnel manning a COMELEC gun ban checkpoint in Sitio Paso, Brgy. Mabuhay, San Fernando, Bukidnon, flagged down petitioner’s motorcycle
- Petitioner failed to produce Certificate of Registration (CR) and Official Receipt (OR) for his vehicle, prompting police suspicion
- Police officers inspected the tools compartment and found five bundles of marijuana in cellophane; additional bundles were discovered under the driver’s seat after further inspection
- Petitioner was taken to the police station; marijuana samples were marked, forwarded to PNP Crime Laboratory, and tested positive for marijuana; petitioner’s urine also tested positive
Prosecution Version
- Checkpoint operation conducted pursuant to COMELEC Resolution No. 6446 imposing gun ban during election period
- Failure to produce OR/CR gave reasonable ground to suspect stolen vehicle and to conduct search
- Confiscation, marking, and laboratory examination of 248 grams of flowering tops of marijuana was performed in conformity with procedures
- Urine examination corroborated petitioner’s use of marijuana, qualifying the offense
Defense Version
- Petitioner claimed he was delivering medicines; encountered flat tire in Barrio Paso
- Armed men in civilian at