Case Summary (G.R. No. 164815)
Procedural History
– RTC conviction (May 6, 1998): Indeterminate sentence of 4 years, 2 months + 1 day to 6 years; firearm confiscated
– CA affirmation with minor reduction of minimum term (May 4, 2004)
– SC denial of petition for review (February 22, 2008) and denial of Motion for Reconsideration (June 30, 2008)
– Letter-Appeal filed by petitioner seeking acquittal based on violation of constitutional rights
Admission of Letter-Appeal (Second Reconsideration)
Although generally prohibited, this Court exercised discretion to treat the Letter-Appeal as a second motion for reconsideration. Precedents (De Guzman v. Sandiganbayan; Astorga v. People; Sta. Rosa Realty v. Amante) justify suspension of procedural rules to prevent miscarriage of justice.
Constitutional Issue: Unreasonable Search and Seizure
Petitioner contends the warrantless search violated Article III, Section 2 of the 1987 Constitution, rendering the firearm and ammunition inadmissible under Section 3(2). The Office of the Solicitor General, through its late Manifestation, also recommended acquittal on the same ground.
Applicable Constitutional Principle
Section 2, Article III guarantees inviolability of person and effects against unreasonable searches and seizures, requiring search or arrest warrants based on probable cause, particularly describing places and items to be seized. Section 3(2) mandates exclusion of evidence obtained in violation of these rights.
Enumerated Exceptions to the Warrant Requirement
Recognized exceptions include:
• Search incident to lawful arrest
• Plain-view seizure
• Search of a moving vehicle
• Consent
• Customs search
• Stop and frisk
• Exigent or emergency circumstances
• Inspection for regulatory purposes
Analysis: Search Incident to Lawful Arrest
Rule 126, Section 13 allows search of arrestee and immediately accessible area. Here, officers secured Valeroso outside the room with hands tied before searching. The locked cabinet fell outside the “area of immediate control,” eliminating any risk of weapon use or evidence destruction. The search thus exceeded the permissible scope.
Analysis: Plain View Doctrine
The doctrine applies to inadvertent discovery of incriminating items during an authorized intrusion. In this case, officers actively searched closed containers in pursuit of evidence, not m
...continue readingCase Syllabus (G.R. No. 164815)
Facts
- On July 10, 1996, a police team led by SPO2 Antonio Disuanco served an arrest warrant against Sr. Insp. Jerry C. Valeroso for alleged kidnapping with ransom.
- The police arrested Valeroso near the Integrated National Police Central Police Station in Culiat, Quezon City, or, according to the defense, inside his children’s boarding house in Sagana Homes, Barangay New Era.
- Upon arrest, officers conducted a body search and/or a room search, discovering a Charter Arms .38 revolver (Serial No. 52315) with five live ammunition rounds.
- Records Verifier Epifanio Deriquito certified that the firearm was licensed to Raul Palencia Salvatierra, not to Valeroso.
Charges and Offense
- Valeroso was charged with violating Presidential Decree No. 1866 for illegal possession of a .38 revolver and ammunition without a valid license or permit.
- He pleaded “not guilty” and was tried on the merits.
Prosecution’s Evidence
- Testimony of SPO2 Antonio Disuanco: received dispatch order, conducted surveillance, arrested Valeroso, performed body search, found gun in waist.
- Certification by Epifanio Deriquito (Firearms and Explosives Division): firearm was not issued to Valeroso.
Defense Evidence
- Valeroso’s own testimony: awoke at boarding house, roughed up by plainclothes armed men, tied, and placed near a faucet while officers ransacked the locked cabinet.
- Testimony of SPO3 Agustin R. Timbol, Jr.: issued a Memorandum Receipt dated July 1, 1993 covering the revolver and ammunition upon verbal instruction of Col. Angelito Moreno.
- Testimony of Adrian Yuson corroborating the forced entry and room search.
Procedural History
- RTC, Branch 97, Quezon City (May 6, 1998): convicted Valeroso; imposed indeterminate penalty of 4 years, 2 months +1 day to 6 years; firearm confiscated.
- CA (May 4, 2004): affirmed RTC decision; reduced minimum penalty to 4 years, 2 months.
- Supreme Court (February 22, 2008 Decision; June 30, 2008 Resolution): affirmed CA decision; denied Valeroso’s motion for reconsideration with finality.
- Valeroso fi