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Philippine Supreme Court Jurisprudence > Year 2015 > August 2015 Decisions >G.R. No. 205823, August 17,
2015 - PEOPLE OF THE PHILIPPINES, Appellee, v. REGIE BREIS Y ALVARADO AND GARY YUMOL Y TUAZON,*
Appellants.:

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G.R. No. 205823, August 17, 2015 - PEOPLE OF THE PHILIPPINES, Appellee, v. REGIE BREIS Y
ALVARADO AND GARY YUMOL Y TUAZON,* Appellants.

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SECOND DIVISION

G.R. No. 205823, August 17, 2015

PEOPLE OF THE PHILIPPINES, Appellee, v. REGIE BREIS Y ALVARADO AND GARY YUMOL Y
TUAZON,*Appellants.

DECISION

CARPIO, J.:

The Case

This is an appeal from the Decision1 dated 26 June 2012 of the Court of Appeals in CA-G.R. CR-H.C. No.
04916, affirming the Decision2 dated 14 February 2011 of the Regional Trial Court, Branch 61, Baguio
City (trial court) in Criminal Case No. 30409-R.

The Facts

Appellants Regie Breis y Alvarado (Breis) and Gary Yumol y Tuazon (Yumol) were charged with violation
of Section 11 of Republic Act No. 9165 (RA 9165) as follows: LawlibraryofCRAlaw

DebtKollect Company, Inc. That in the afternoon of February 10, 2010, at Gov. Pack Road, this City, Philippines, and
within the jurisdiction of this Honorable Court, the above-named accused, in conspiracy
with each other, did then and there willfully, unlawfully, and feloniously have in their
possession, custody and control marijuana with a recorded net weight of 8,181 grams of
dried marijuana leaves/fruiting tops wrapped in plastic and further wrapped with brown
packaging tape and placed inside a brown box, without the authority of law and knowing
fully well that said dried marijuana leaves/fruiting tops are dangerous drugs, in violation of
the afore-cited provisions of law.

CONTRARY TO LAW to Sec. 11 of RA 9165.3

Upon arraignment, appellants pleaded not guilty. Trial ensued, where the prosecution presented
witnesses Intelligence Officers 1 Elizer Mangili (IO1 Mangili) and Ryan Peralta (IO1 Peralta) of the
Philippine Drug Enforcement Agency - Cordillera Administrative Region (PDEA-CAR); while the defense
presented the testimonies of appellants.

Version of the Prosecution

The prosecution's version of the facts, as summarized by the trial court, is as follows:
ChanRobles Intellectual Property
LawlibraryofCRAlaw

Division Around 3:00 o'clock PM of February 10, 2009 (sic), an informant went to the PDEA-CAR
field office at Melvin Jones, Harrison Road, Baguio City and offered the information that the
accused were bound to transport a box of marijuana from Baguio City to Dau, Mabalacat,
Pampanga. Mangili gathered that the accused have been frequently traveling from
 Pampanga to Baguio to get marijuana bricks from their supplier at La Trinidad, Benguet.
Mangili referred the informant to Senior PDEJA Officer Tacio for further interview and then
the matter was referred to the PDEA Officer-in-Charge Edgar Apalla, who after careful
evaluation, ordered Agent Tacio to form a team for the entrapment of the accused.

Agent Tacio created a team composed of Mangili and Peralta as arresting officer and
seizing officer, respectively, and briefed them on the operations to be conducted. Tacio
disclosed to the team that the accused were to transport by a public transport bus from
Baguio City to Dau, Pampanga bricks of marijuana packed in a carton and that the
departure from Baguio was scheduled at around 5:00 o'clock PM of that day. The accused
Breis would be in a white t-shirt with "Starbucks" logo and dark jeans while accused Yumol
would be wearing a black t-shirt with a white print and blue jeans. Both the accused were
described as standing about 5 feet and 5 inches, thin, and dark complexion.

When the briefing was through, the team proceeded to the Genesis Bus terminal at
Governor Pack Road, Baguio City at around 4:30 o'clock PM. Due to time constraints, the
PDEA team chose not to secure any warrant nor coordinate with the nearest police station.

Upon reaching the bus terminal, Mangili asked the bus conductor to identify the bus which
would leave at 5:00 o'clock PM. Mangili was directed to Genesis bus with plate number TXX
890. Thus, pretending to be passengers, Mangili and Peralta boarded the bus and they
observed two male individuals whose physical appearances fitted the descriptions given by
the informant. Both agents likewise saw a box placed in between the legs of accused Breis.

Mangili sat behind the accused while Peralta, stood near where the accused were seated.
In order to have a clearer view of the box tucked in between the feet of accused Breis if
the same fit the box described by informant, Mangili took the seat opposite where the
accused were seated and saw that the box was with the markings "Ginebra San Miguel"
and which was described by the informant. Mangili then casually asked accused Yumol who
owned the "Ginebra San Miguel" box, the accused replied that it was theirs.

Accused Yumol suddenly stood up and tried to leave but before he could do so, Peralta
August-2015 Jurisprudence blocked his way while Mangili confronted accused Breis and asked what was contained in
the box. Instead of answering, Breis shoved Mangili and tried to flee but Mangili was able
• G.R. No. 197709, August 03, 2015 - JOSE YULO to block his way as he was much larger than the accused Yumol (sic). Mangili ordered him
AGRICULTURAL CORPORATION, Petitioner, v. to sit down.
SPOUSES PERLA CABAYLO DAVIS AND SCOTT DAVIS,
Respondents. Agent Peralta then summoned the back-up officers to help secure the bus and subdue the
accused. After introducing themselves as PDEA agents, Mangili asked the accused Breis to
• G.R. No. 200969, August 03, 2015 - CONSOLACION D. open the box but Breis ignored the request which made Mangili lift and open the box. He
ROMERO AND ROSARIO S.D. DOMINGO, Petitioners, v.
took one brick and discovered it was marijuana. The "Ginebra San Miguel" box yielded
ENGRACIA D. SINGSON, Respondent.
three more bricks of marijuana. Mangili then marked the items on site.
• G.R. No. 213847, August 18, 2015 - JUAN PONCE
ENRILE, Petitioner, v. SANDIGANBAYAN (THIRD Agent Peralta then informed the accused that they were being arrested for violation of Rep.
DIVISION), AND PEOPLE OF THE PHILIPPINES, Act No. 9165 and then he read their constitutional rights in Pilipino to them.
Respondents.
Thereafter, the team returned to the PDEA-CAR office of Melvin Jones, Baguio City for
• A.C. No. 8708 (CBD Case No. 08-2192), August 12, documentation such as the preparation of the affidavits of Agents Mangili and Peralta,
2015 - SPOUSES BYRON AND MARIA LUISA Booking Sheet and Arrest Report of both accused, Request for Physical Exam and Request
SAUNDERS, Complainants, v. ATTY. LYSSA GRACE S. for Laboratory Exam. Inventory likewise was done around 7:43 o'clock PM on February 10,
PAGANO-CALDE, Respondent.
2010 at the said PDEA-CAR office.
• G.R. No. 177803, August 03, 2015 - SPOUSES
EMILIANO L. JALBAY, SR. AND MAMERTA C. JALBAY, After the documentation and inventory, the accused were brought to the Baguio General
Petitioners, v. PHILIPPINE NATIONAL BANK, Hospital and Medical Center (BGHMC) and Medico-Legal Certificates were issued showing
Respondent. that the accused had no external signs of physical injuries at the time of their examination.
Chemistry Report No. D-08-2010 indicates that the confiscated items from the accused
• G.R. No. 201365, August 03, 2015 - THE PEOPLE OF yielded positive to (sic) the presence of marijuana, a dangerous drugs (sic).4
THE PHILIPPINES, Plaintiff-Appellee, v. MANUELA
FLORES Y SALAZAR @ WELLA Accused-Appellant.
Version of the Defense
• G.R. No. 198908, August 03, 2015 - VIRGINIA
OCAMPO, Petitioner, v. DEOGRACIO OCAMPO,
The defense's version of the facts, as summarized by the trial court, is as follows:
Respondent.
LawlibraryofCRAlaw

• G.R. No. 195175, August 10, 2015 - COMMISSIONER

OF INTERNAL REVENUE, Petitioner, v. TOLEDO POWER Accused, both construction workers, left Dau, Mabalacat, Pampanga for Baguio at around
COMPANY, Respondent.; G.R. NO. 199645 - TOLEDO 6:00 o'clock AM of February 9, 2010 to visit a certain Edwin Garcia, an acquaintance and a
POWER COMPANY, Petitioner, v. COMMISSIONER OF resident of Loakan, Baguio City. Edwin Garcia had offered the accused to be upholsterers in
INTERNAL REVENUE, Respondent. his upholstery business way back in December of 2008.

• G.R. No. 213233, August 05, 2015 - BLISS At around 11:00 o'clock AM, the accused arrived in Baguio City and because they did not
DEVELOPMENT CORP./HOME GUARANTY know the exact address and contact number of Edwin Garcia, they took a chance and
CORPORATION, Petitioner, v. MONTANO DIAZ, decided to take a cab to Loakan. However, they failed to find Garcia's house despite asking
DOMINGO TAPAY, AND EDGAR H. ARREZA,
the residents of Loakan. So, they decided to go back to the Genesis bus terminal and go
Respondents.
back home to Pampanga.
• G.R. No. 197953, August 05, 2015 - PEOPLE OF THE
PHILIPPINES, Petitioner, v. SANDIGANBAYAN (2ND Upon reaching the terminal, they ate and took the 4:30 o'clock PM bus for Pampanga.
DIVISION), QUINTIN SALUDAGA Y BORDEOS, ARTHUS They were already boarded when accused Yumol stepped out to buy a bottle of water.
ADRIATICO Y ERUDA AND ROMEO DE LUNA, Thereafter, Mangili went near accused Breis and uttered something inaudible, and thinking
Respondents. that the seat he was occupying was Mangili's, accused Breis stood up to give up his seat
but instead Mangili pushed him and accused Breis asked what seems to be the problem.
• G.R. No. 187524, August 05, 2015 - SPOUSES MARIA Mangili then asked if he owns the box under the seat in front of his, Breis replied in the
BUTIONG AND FRANCISCO VILLAFRIA, SUBSTITUTED negative. Mangili then opened the box, got one of the bricks contained therein, sliced the
BY DR. RUEL B. VILLAFRIA, Petitioners, v. MA. GRACIA
same and saw that it was marijuana. Accused Breis, infuriated, retorted that the
RIÑOZA PLAZO AND MA. FE RIÑOZA ALARAS,
accusation is baseless and malicious.
Respondents.

• G.R. No. 209447, August 11, 2015 - PRESIDENTIAL Mangili then summoned his companions and they dragged accused Breis outside the bus
COMMISSION ON GOOD GOVERNMENT (PCGG), when suddenly, accused Yumol arrived and inquired what the commotion was all about.
Petitioner, v. HON. WINLOVE M. DUMAYAS, The group then asked if he (Yumol) was a companion of accused Breis and when he
PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH answered positively, Yumol was likewise apprehended.
59, MAKATI CITY AND UNITED COCONUT PLANTERS
BANK (UCPB), Respondents.; G.R. NO. 210901 - Both the accused were then brought to the PDEA Office and were forced to admit
PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT ownership of the box of marijuana, but they refused and thus they were hit with the bricks
(PCGG), Petitioner, v. HON. WINLOVE M. DUMAYAS,
of marijuana. One of the agents even squeezed the scrotum of accused Yumol in the hope
PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH
59, MAKATI CITY AND UNITED COCONUT PLANTERS that he will admit ownership over the box of marijuana.5
LIFE ASSURANCE CORPORATION (COCOLIFE),
Respondents.
The Trial Court's Ruling
• G.R. No. 188739, August 05, 2015 - BENJAMIN E.
RAVAGO, Petitioner, v. METROPOLITAN BANK & The trial court gave credence to the prosecution's version, upholding the presumption of regularity in
TRUST COMPANY, SUBSTITUTED BY BRIGHT favor of the PDEA agents and finding no evil or ill-motive on their part. On the other hand, the trial court
VENTURES REALTY, INC., Respondents. found appellants' defense of frame-up too incredible and outlandishly preposterous. The trial court also
held that the warrantless search and seizure and the warrantless arrest of appellants were valid. The
• G.R. No. 215714, August 12, 2015 - OF THE dispositive portion of the decision reads:6 redarclaw

PHILIPPINES, Plaintiff-Appellee, v. EFREN BASAL

CAYAS, Accused-Appellant.
WHEREFORE, judgment is rendered finding the accused Regie Breis y Alvarado and Gary
• A.M. No. 11238-Ret., August 18, 2015 - IN RE:
Yumol y Tuazon GUILTY beyond any reasonable doubt and they are hereby sentenced to
EXPIRATION OF FIXED TERM OF OFFICE OF ATTY.
suffer the penalty of LIFE IMPRISONMENT and each to pay a fine of P5,000,000.00.
SAADUDDIN A. ALAUYA, OFFICE OF THE
JURISCONSULT, ZAMBOANGA CITY
Both the accused are immediately ORDERED TO BE TRANSFERRED to the National
• G.R. No. 167838, August 05, 2015 - JOSE V. TOLEDO, Penitentiary in Muntinlupa City, Metro Manila.
GLENN PADIERNOS AND DANILO PADIERNOS,
Petitioner, v. COURT OF APPEALS, LOURDES RAMOS, SO ORDERED.7
ENRIQUE RAMOS, ANTONIO RAMOS, MILAGROS
RAMOS AND ANGELITA RAMOS AS HEIRS OF
SOCORRO RAMOS, GUILLERMO PABLO, PRIMITIVA The lone assignment of error in the Brief for the Accused-Appellants is as follows:
CRUZ AND A.R.C. MARKETING CORPORATION,
LawlibraryofCRAlaw

REPRESENTED BY ITS PRESIDENT, ALBERTO C. DY,

Respondents. THE TRIAL COURT GRAVELY ERRED IN FINDING THE ACCUSED-APPELLANTS GUILTY OF
• A.C. No. 10635, August 26, 2015 - NOEL S. SORREDA, THE CRIME CHARGED BEYOND REASONABLE DOUBT.8
Complainant, v. ATTY. DAVID L. KHO, Respondent.

• A.M. No. P-14-3253, August 19, 2015 - NICETAS In their appeal, appellants argued that the PDEA agents did not comply with Section 21, paragraph 1,
TANIEZA-CALAYOAN, Complainant, v. ELMER JERRY C. Article II of RA 9165, and that the prosecution failed to establish the chain of custody over the seized
CALAYOAN, PROCESS SERVER, REGIONAL TRIAL items.
COURT, BRANCH 2, BANGUED, ABRA, Respondent.
The Court of Appeals' Ruling
• A.C. No. 8084, August 24, 2015 - PATROCINIA H.
SALABAO, Complainant, v. ATTY. ANDRES C. The Court of Appeals affirmed the decision of the trial court, holding that the requirements of Section 21,
VILLARUEL, JR., Respondent.
Article II of RA 9165 were satisfied. Further, the Court of Appeals found no break in the custody of the
• A.C. No. 9834, August 26, 2015 - SAMUEL B. ARNADO,
seized items that might compromise their evidentiary integrity. The appellate court also upheld the
Complainant, v. ATTY. HOMOBONO A. ADAZA, legality of the warrantless search and arrest of appellants. The dispositive portion of the decision of the
Respondent. Court of Appeals reads: LawlibraryofCRAlaw

• A.C. No. 7314, August 25, 2015 - MARY ANN T.

FLORES, Complainant, v. ATTY. JOVENCIO LL. MAYOR, WHEREFORE, the foregoing premises considered, the appealed Decision dated February
JR., Respondent. 14, 2011 of the Regional Trial Court (RTC) of Baguio City, Branch 61, in Criminal Case No.
30409-R, is AFFIRMED in toto.
• A.M. No. CA-12-26-P, August 17, 2015 - OFFICE OF
THE COURT ADMINISTRATOR, Complainant, v. ANA
SO ORDERED.9
MARIE ABARENTOS, RECORDS OFFICER IV, COURT OF
APPEALS, CEBU CITY, Respondent.

• G.R. No. 206220, August 19, 2015 - LUIS UY, In the present appeal, appellants and appellee adopted their respective briefs10 filed before the Court of
SUBSTITUTED BY LYDIA UY VELASQUEZ AND SHIRLEY Appeals as their supplemental briefs.11 redarclaw

UY MACARAIG, Petitioner, v. SPOUSES JOSE

LACSAMANA AND ROSAURA* MENDOZA, The Court's Ruling
SUBSTITUTED BY CORAZON BUENA, Respondents.
The appeal is without merit.
• G.R. No. 214865, August 19, 2015 - ROSVEE C.
CELESTIAL, Petitioner, v. PEOPLE OF THE
PHILIPPINES, Respondent.
Procedure on Seizure and Custody of Drugs

• G.R. No. 201822, August 12, 2015 - MARINA PORT Appellants argue that the procedure on seizure and custody of drugs, specified in Section 21, paragraph
SERVICES, INC., Petitioner, v. AMERICAN HOME 1, Article II of RA 9165, was not complied with. In support of this contention, appellants state that: (1)
ASSURANCE CORPORATION, Respondent. the PDEA agents did not immediately conduct the inventory at the place where the items were seized,
and did so only at the PDEA-CAR field office;12 and (2) the representatives from the media, barangay
• G.R. No. 202967, August 05, 2015 - ALICIA Y. LAUREL, and Department of Justice (DOJ) were present during the inventory conducted at the field office, but not
SUBSTITUTED BY HER SOLE HEIR AND LEGAL
REPRESENTATIVE JUAN MIGUEL Y. LAUREL,
at the place of the seizure during actual confiscation.13 redarclaw

Petitioner, v. FERDINAND M. VARDELEON,

Respondent. Appellants are mistaken. The PDEA agents who apprehended appellants did not deviate from the
procedure prescribed by law and regulations. Section 21, paragraph 1, Article II of RA 9165 provides the
• G.R. No. 183869, August 03, 2015 - LEONARDO L. procedure to be followed in the seizure and custody of dangerous drugs: LawlibraryofCRAlaw

VILLALON, Petitioner, v. RENATO E. LIRIO,

Respondent.
1) The apprehending team having initial custody and control of the drugs shall,
• G.R. No. 179751, August 05, 2015 - HERMINIA L. immediately after seizure and confiscation, physically inventory and photograph the same
MENDOZA, IN HER CAPACITY AS OIC OF THE in the presence of the accused or the person/s from whom such items were confiscated
REGISTER OF DEEDS OF LUCENA CITY, Petitioner, v. and/or seized, or his/her representative or counsel, a representative from the media and
SPOUSES ARMANDO AND ANGELA GARANA AND FAR
the Department of Justice, and any elected public official who shall be required to sign the
EAST BANK & TRUST CO., INC., Respondents.
copies of the inventory and be given a copy thereof.
• G.R. No. 208320, August 19, 2015 - GRACE DAVID Y
CESAR, Petitioner, v. PEOPLE OF THE PHILIPPINES,
Respondent. This is implemented by Section 21 (a), Article II of the Implementing Rules and Regulations (IRR) of RA
9165, which reads: LawlibraryofCRAlaw

• G.R. No. 174542, August 03, 2015 - KAREN GO,

Petitioner, v. LAMBERTO ECHAVEZ, Respondent.
(a) The apprehending officer/team having initial custody and control of the drugs shall,
• G.R. No. 196875, August 19, 2015 - TEDDY immediately after seizure and confiscation, physically inventory' and photograph
MARAVILLA, Petitioner, v. JOSEPH RIOS, Respondent. the same in the presence of the accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or counsel, a representative from the
• G.R. No. 205113, August 26, 2015 - HONORLITA media and the Department of Justice (DOJ), and any elected public official who shall be
ASCANO-CUPINO AND FLAVIANA ASCANO-COLOCADO, required to sign the copies of the inventory and be given a copy thereof: Provided, that
Petitioners, v. PACIFIC REHOUSE CORPORATION,
the physical inventory and photograph shall be conducted at the place where the
Respondent.
search warrant is served; or at the nearest police station or at the nearest office
• G.R. No. 205823, August 17, 2015 - PEOPLE OF THE of the apprehending officer/team, whichever is practicable, in case of
PHILIPPINES, Appellee, v. REGIE BREIS Y ALVARADO warrantless seizures; Provided, further, that non-compliance with these requirements
AND GARY YUMOL Y TUAZON,* Appellants. under justifiable grounds, as long as the integrity and the evidentiary value of the seized
items are properly preserved by the apprehending officer/team, shall not render void and
• G.R. No. 198643, August 19, 2015 - MARSMAN & invalid such seizures of and custody over said items; x x x. (Boldfacing and underscoring
COMPANY AND QUIRINO R. ILEDAN, Petitioners, v. supplied)
ARTEMIO M. LIGO, Respondent.

• G.R. No. 214054, August 05, 2015 - NG MENG TAM, Appellants insist that the PDEA agents should have conducted the inventory at the place where the drugs
Petitioner, v. CHINA BANKING CORPORATION, were seized. However, the IRR clearly provides that in case of warrantless seizures, the physical
Respondent.
inventory and photograph shall be conducted at the nearest police station or at the nearest office of the
• A.M. No. P-11-2982 (Formerly O.C.A. IPI No. 08-2913- apprehending team. The physical inventory and photograph were conducted at the PDEA-CAR field office,
P), August 17, 2015 - FORMER JUDGE FERNANDO VIL a fact that appellants themselves acknowledge14 and testified to by IO1 Mangili15 and IO1 Peralta.16 redarclaw

PAMINTUAN, Complainant, v. SALVADOR G.

COMUYOG, JR., CLERK III, Respondent. The requirement of the presence of a representative from the media and the DOJ, and any elected public
official during the physical inventory and photograph was also complied with. The representatives from
• G.R. No. 187882, August 24, 2015 - PHILIPPINE the media and the DOJ and an elected barangay official were present at the inventory conducted at the
NATIONAL BANK, Petitioner, v. SPOUSES
PDEA-CAR field office, as evidenced by their signatures17 on the Inventory of Seized Item18 and
HIPPOCRATES AND MELANIE PIMENTEL, Respondents.
photographs taken during the inventory.19 In fact, this is not contested by appellants.20 redarclaw

• G.R. No. 190984, August 19, 2015 - ACOMARIT

ACOMARIT LIMITED, PHILS., AND/OR HONGKONG, Hence, we find no deviation from the procedure prescribed by Section 21, paragraph 1, Article II of RA
Petitioners, v. GOMER L. DOTIMAS, Respondent. 9165 and its IRR.
• G.R. No. 170706, August 26, 2015 - PRUDENCIO Chain of Custody Established
CARANTO, Petitioner, v. BERGESEN D.Y. PHILS.
AND/OR BERGESEN D.Y. A.S.A., Respondents. What IO1 Mangili did in the bus upon seizure of the drugs was to mark the same, which is not to be
confused with taking the physical inventory. Marking is not a requirement of RA 9165 or its IRR, but has
• G.R. No. 194617, August 05, 2015 - LA TONDEÑA,
INC., Petitioner, v. REPUBLIC OF THE PHILIPPINES
been held to be an initial stage in the chain of custody: LawlibraryofCRAlaw

Respondent.

• G.R. No. 206612, August 17, 2015 - TOYOTA Nonetheless, the Court has acknowledged the practical value of the process of marking the
ALABANG, INC., Petitioner, v. EDWIN GAMES, confiscated contraband and considered it as an initial stage in the chain of custody - a
Respondent. process preliminary and preparatory to the physical inventory and photograph
requirements in Section 21 of Republic Act No. 9165: LawlibraryofCRAlaw

• G.R. No. 203142, August 26, 2015 - THE PHILIPPINE

PORTS AUTHORITY (PPA), Petitioner, v. COALITION This step initiates the process of protecting innocent persons from dubious
OF PPA OFFICERS AND EMPLOYEES, REPRESENTED BY and concocted searches, and of protecting as well the apprehending officers
HECTOR E. MIOLE, ET AL., Respondents. from harassment suits based on planting of evidence under Section 29 [of
Republic act No. 9165] and on allegations of robbery or theft.
• G.R. No. 182157, August 17, 2015 - ANLUD METAL
RECYCLING CORPORATION, AS REPRESENTED BY "Marking" is the placing by the apprehending officer of some distinguishing signs with
ALFREDO A. DY, Petitioner, v. JOAQUIN ANG, his/her initials and signature on the items seized. It helps ensure that the dangerous drugs
Respondent.
seized upon apprehension are the same dangerous drugs subjected to inventory and
• A.C. No. 5161, August 25, 2015 - RE: IN THE MATTER photography when these activities are undertaken at the police station or at some other
OF THE PETITION FOR REINSTATEMENT OF ROLANDO practicable venue rather than at the place of arrest. Consistency with the "chain of
S. TORRES AS A MEMBER OF THE PHILIPPINE BAR. custody" rule requires that the "marking" of the seized items - to truly ensure that they
are the same items that enter the chain and are eventually the ones offered in evidence —
• G.R. Nos. 191370-71, August 10, 2015 - RODOLFO should be done (1) in the presence of the apprehended violator (2) immediately upon
BASILONIA, LEODEGARIO CATALAN AND JOHN confiscation.
BASILONIA, Petitioners, v. HON. DELANO F.
VLLLARUZ, ACTING IN HIS CAPACITY AS PRESIDING "Immediate confiscation" has no exact definition. Indeed, marking upon immediate
JUDGE OF THE REGIONAL TRIAL COURT, ROXAS CITY, confiscation has been interpreted as to even include marking at the nearest police station
BRANCH 16, AND DIXON ROBLETE, Respondents.
or office of the apprehending team. In this case, the dangerous drugs taken from accused-
• G.R. No. 165146, August 12, 2015 - SECURITIES AND appellants were marked in his presence immediately upon confiscation at the very venue
EXCHANGE COMMISSION AND VERNETTE G. UMALI, of his arrest.21 (Citations omitted)
Petitioners, v. BAGUIO COUNTRY CLUB
CORPORATION, Respondent.; G.R. N0. 165209 -
RAMON K. ILUSORIO AND ERLINDA K. ILUSORIO, Chain of custody means the duly recorded authorized movements and custody of seized drugs from the
Petitioners, v. BAGUIO COUNTRY CLUB time of seizure/confiscation to receipt in the forensic laboratory to safekeeping to presentation in court
CORPORATION, Respondent. for destruction.22 What assumes primary importance in drug cases is the prosecution's proof, to the point
of moral certainty, that the prohibited drug presented in court as evidence against the accused is the
• G.R. No. 203066, August 05, 2015 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. RODELIO LLOBERA same item recovered from his possession.23 redarclaw

Y OFIZA, Accused-Appellant.
Appellants argue that the prosecution was not able to establish the chain of custody over the seized
• G.R. No. 190892, August 17, 2015 - VICENTE H. drugs:LawlibraryofCRAlaw

MANULAT, JR., Petitioner, v. PEOPLE OF THE

PHILIPPINES, Respondent.
The irregularities in the handling procedure of the seized items are manifold. There is no
• G.R. No. 183370, August 17, 2015 - NATION indication what steps were taken after the seizure, whether the items were turned over to
PETROLEUM GAS, INCORPORATED, NENA ANG, MARIO the investigator or to the desk officer before SPO4 Abordo allegedly delivered it to the
ANG, ALISON A. SY, GUILLERMO G. SY, NELSON ANG, crime laboratory.
LUISA ANG, RENATO C. ANG, PAULINE T. ANG, RICKY
C. ANG,1 AND MELINDA ANG, Petitioners, v. RIZAL
COMMERCIAL BANKING CORPORATION, SUBSTITUTED
How can the trial court rule that the integrity of the corpus delicti was preserved when in
BY PHILIPPINE ASSET GROWTH ONE, INC., fact, the prosecution failed to identify who was in possession of the marijuana from the
Respondent. place of the seizure; to whom the same was turned over; and how it came to the custody
of SPO4 Abordo who allegedly delivered the seized items at (sic) the laboratory. Nor was
• G.R. No. 213455, August 11, 2015 - JUAN PONCE there any prosecution's evidence showing the identity of the person who had the custody
ENRILE, Petitioner, v. PEOPLE OF THE PHILIPPINES, and safekeeping of the drug after its examination and pending presentation in court.24
HON. AMPARO M. CABOTAJE-TANG, HON. SAMUEL R.
MARTIRES, AND HON. ALEX L. QUIROZ OF THE THIRD
DIVISION OF THE SANDIGANBAYAN, Respondents. Appellants' argument fails to impress.
• G.R. No. 201405, August 24, 2015 - LIWAYWAY
ANDRES, RONNIE ANDRES, AND PABLO B.
The links that the prosecution must endeavor to establish with respect to the chain of custody are the
FRANCISCO, Petitioners, v. STA. LUCIA REALTY & following: first, the seizure and marking, if practicable, of the illegal drug recovered from the accused by
DEVELOPMENT, INCORPORATED, Respondent. the apprehending officer; second, the turnover of the illegal drug seized by the apprehending officer to
the investigating officer; third, the turnover by the investigating officer of the illegal drug to the forensic
• G.R. No. 153810, August 12, 2015 - WINSTON R. chemist for laboratory examination; and fourth, the turnover and submission of the marked illegal drug
GARCIA, IN HIS CAPACITY AS PRESIDENT AND seized from the forensic chemist to the court.25 redarclaw

GENERAL MANAGER OF THE GOVERNMENT SERVICE

INSURANCE SYSTEM (GSIS), Petitioners, v. ANGELITA In this case, the prosecution adequately established the unbroken chain of custody over the marijuana
TOLENTINO, EDELITO ZOLLO EDRALINDA, KATHLYN A.
seized from appellants.
UMALI, VIVIAN ROSIELLE CERVANTES, EDITH
MEDINA, ROMELO CABANGON, ET AL., Respondents.;
G.R. NO. 167297 - MELINA I. GARCIA, CECILIA V. LAS, The records show that the seized drugs were marked immediately upon confiscation by IO1 Mangili with
NIMFA PENALOSA, ROSANA R. ZEPEDA, RACHELLE L. his initials and signature, the date, and the letters A, B, C or D to distinguish the bricks, in the presence
JACOB, MARIBEL B. TENA, AND EDUVIGIS S. ANGELES of appellants.26 redarclaw

(IN LIEU OF ANGELITA TOLENTINO FOR THE

NATIONAL FORESTATION DEVELOPMENT OFFICE- The seized drugs were brought, together with appellants, to the PDEA-CAR field office. IO1 Mangili acted
DEPARTMENT OF ENVIRONMENT AND NATURAL in both capacities of apprehending officer and investigating officer. IO1 Mangili and IO1 Peralta testified
RESOURCES, ET AL.), Petitioners, v. WINSTON
GARCIA, ET AL., Respondents. that they conducted the investigation and the inventory.27 redarclaw

• G.R. No. 192943, August 12, 2015 - UNITED IO1 Mangili and IO1 Peralta also testified that it was their evidence custodian, Senior Police Officer 4
DUMANGAS PORT DEVELOPMENT CORPORATION, Abordo (SP04 Abordo), who brought the seized drugs to the Crime Laboratory for examination.28 A
Petitioner, v. PHILIPPINE PORTS AUTHORITY, ATTY. thorough review of the records reveals that the Request for Laboratory Exam29 shows that the seized
OSMAR M. SEVILLA, GENERAL MANAGER, ATTY.
drugs were delivered on 10 February 2010 by SP04 Abordo and received by Police Officer 2 Florendo and
FERNANDO B. CLAVERINA, PORT MANAGER, PORT
Police Senior Inspector Rowena Fajardo Canlas (PSI Canlas). PSI Canlas was the forensic chemist who
MANAGEMENT OFFICER-ILOILO; AND RAUL T.
SANTOS, PORT DISTRICT MANAGER, PORT DISTRICT conducted the examination on the seized drugs and signed Chemistry Report No. D-08-201030
OFFICE-VISAYAS, Respondents. (chemistry report).

• G.R. No. 200114, August 24, 2015 - SOCIAL SECURITY The chemistry report indicates that the "specimen submitted are retained in this laboratory for future
SYSTEM, Petitioner, v. DEBBIE UBAÑA, Respondent. reference."31 Through subpoena32 upon PSI Canlas, the marijuana was brought to court and marked
• G.R. No. 177168, August 03, 2015 - NAVY OFFICERS'
during the preliminary conference held on 7 April 2010.33 redarclaw

VILLAGE ASSOCIATION, INC. (NOVAI), Petitioner, v.

REPUBLIC OF THE PHILIPPINES, Respondent. Appellants contend that the prosecution's failure to discuss in detail each link in the chain of custody
negated the integrity of the evidence. This is misplaced: LawlibraryofCRAlaw

• G.R. No. 163598, August 12, 2015 - AGRARIAN

REFORM BENEFICIARIES ASSOCIATION (ARBA), AS
REPRESENTED BY ISAIAS "ACE" NICOLAS IN HIS x x x It must be remembered that testimony about a perfect chain is not always
CAPACITY AS PRESIDENT, VIOLETA BATADHAY, JESUS the standard as it is almost always impossible to obtain an unbroken chain. As
F. DANAO, DOMINADOR RIOSA, EVA I. FLORIDO, such, what is of importance is the preservation of the integrity and evidentiary
VIRGINIA CARIAS, WILLIAM D. DORONELA, ELSA value of the seized items. The integrity of the evidence is presumed to be preserved,
MENGOLIO, FEDELINA AMENGYAO, REBECCA unless there is a showing of bad faith, ill will, or proof that the evidence has been
REBAMBA, MELANI CADAG, SOFRONIA SABORDO,
MYRNA SANTIAGO, JOSELYNDA MANALANZAN, NORA tampered.34 (Emphasis supplied)
I. REBUZANO, NATIVIDAD PLACIDO, ALGERICO L.
GAEGUERA, RUBEN G. ACEBEDO, MARGIE M. VALDEZ,
 HELEN S. BUNI, EMELINDA FERNANDEZ, JULIETA J.
AVENGONZA, VIOLETA C. ASIS, CARINA C. CABRERA, In People v. Mali,35 we held:
EDUARDO M. DILAY, SIMEONA V. ROLEDA, EVELYN
LawlibraryofCRAlaw

SANTO ELEUTERIA A. NOLASCO, TERESA CRUZ, MELBA

ABRENICA, BESAME VILLACORTA, ROSALINA
The corpus delicti in dangerous drugs cases constitutes the dangerous drug itself. To
HERNANDEZ, VERONICA DOMULOT, LUCIA SOUN,
sustain conviction, its identity must be established in that the substance bought during the
ILUMENADA RONQUILLO, REGINA LOPEZ, AMPARO
GREY, HIPOLITO MANDAO, JUAN DELA VEGA, buy-bust operation is the same substance offered in court as exhibit. The chain of custody
PRESCILIANA LLEMIT, LEBERETA IGNACIO, requirement performs this function as it ensures that unnecessary doubts concerning the
FRANCISCO VALDEMOR, Petitioners, v. FIL-ESTATE identity of the evidence are removed.36
INC., PROPERTIES, Respondent.; G.R. NO. 164660 -
THE DEPARTMENT OF AGRARIAN REFORM
ADJUDICATION BOARD (DARAB), AGRARIAN REFORM In this case, the prosecution was able to show that the same drugs seized and marked by IO1 Mangili
BENEFICIARIES, INC., ET AL., Petitioners, v. were the same ones he identified at the trial.37 Further, the records consistently show that the markings
KINGSVILLE CONSTRUCTION AND DEVELOPMENT
on the bricks of marijuana consisted of the initials and signature of IO1 Mangili, the date and A, B, C, or
CORP. AND JOHNSON ONG, Respondents.; G.R. NO.
164779 - AGRARIAN REFORM BENEFICIARIES D, as evidenced by the photograph38 taken during the inventory and the chemistry report describing the
ASSOCIATION (ARBA), VIOLETA BATADHAY, submitted specimen as follows: LawlibraryofCRAlaw

NATIVIDAD PLACIDO, JESUS F. DANAO, EVA I.

FLORIDO, VIRGINIA CARIAS, WILLIAM D. DORONELA,
ELSA MENGOLIO, ROBERTO ISIP, REBECCA REBAMBA, A-One (1) carton knot tied with gray plastic straw labeled GINEBRA SAN MIGUEL with
SOFRONIA SABORDO, MYRNA SANTIAGO, JOSELYNDA markings '02-10-2010 ELM and signature', containing four (4) bricks of dried suspected
MANALANZAN, NORA I. REBUZANO, ALGERICO L. marijuana fruiting tops each wrapped with plastic and further wrapped with brown
GALQUERA, RUBEN G. ACEBEDO, MARGIE M. VALDEZ, packaging tape with the following markings and recorded net weights: LawlibraryofCRAlaw

HELEN S. BUNI, JULIETA J. AVENGONZA, VIOLETA C.

ASIS, CARINA C. CABRERA, EDUARDO M. DILAY,
A-1 - [02-10-2010-A ELM and signature] = 2000.1 grams
ELEUTERIA A. NOLASCO, TERESA CRUZ, MELBA
A-2 = [02-10-2010-B ELM and signature] = 2158.3 grams
ABRENICA, VERONICA DOMULOT, LUCIA SUN,
ILUMENADA RONQUILLO AND PRESCILIANA LLEMIT, A-3 = [02-10-2010-C ELM and signature] = 2051.1 grams
Petitioners, v. KINGSVILLE CONSTRUCTION AND A-4 = [02-10-2010-D ELM and signature] = 1971.5 grams39
DEVELOPMENT CORPORATION AND JOHNSONONG, (Emphasis supplied)
Respondent.

• G.R. No. 164974, August 05, 2015 - CHARLIE TE, The presumption is that the PDEA agents performed their duties regularly. There being no evidence
Petitioner, v. HON. AUGUSTO V. BREVA, IN HIS showing bad faith, ill will or proof that the evidence has been tampered, we find that the prosecution
CAPACITY AS THE PRESIDING JUDGE OF THE sufficiently established the chain of custody. Consequently, the corpus delicti was also established.
REGIONAL TRIAL COURT, 11TH JUDICIAL REGION,
BRANCH 10, DAVAO CITY; U R. BAHINTING, IN HIS
Warrantless Search and Seizure and Arrest
CAPACITY AS SPECIAL INVESTIGATOR OF THE
NATIONAL BUREAU OF INVESTIGATION,
SARANGGANI DISTRICT OFFICE; AND PRYCE GASES, Although it was not raised as an error, it is imperative that we rule on the validity of the warrantless
INC., Respondents. search and seizure and the subsequent warrantless arrest of appellants.

• G.R. No. 211302, August 12, 2015 - PHILIPPINE It is well settled that no arrest, search and seizure can be made without a valid warrant issued by a
TRANSMARINE CARRIERS, INC., CARLOS C. SALINAS, competent judicial authority. No less than the Constitution guarantees this right -
AND NORWEGIAN CREW MANAGEMENT A/S,
Petitioners, v. CESAR C. PELAGIO, Respondent.
The right of the people to be secure in their persons, houses, papers, and effects against
• G.R. No. 210164, August 18, 2015 - ROMMEL C. unreasonable searches and seizures of whatever nature and for any purpose shall be
ARNADO, Petitioner, v. COMMISSION ON ELECTIONS inviolable, and no search warrant or warrant of arrest shall issue except upon probable
AND FLORANTE CAPITAN, Respondents.
cause to be determined personally by the judge after examination under oath or
• G.R. No. 211649, August 12, 2015 - AQA GLOBAL affirmation of the complainant and the witnesses he may produce, and particularly
CONSTRUCTION, INC., Petitioner, v. PLANTERS describing the place to be searched and the persons or things to be seized.40
DEVELOPMENT BANK, Respondent.; G.R. No. 211742 -
JE-AN SUPREME BUILDERS AND SALES
CORPORATION, Petitioner, v. PLANTERS Further, any evidence obtained in violation of this provision is inadmissible for any purpose in any
DEVELOPMENT BANK, Respondent. proceeding.41 However, the rule against warrantless searches and seizures admits of exceptions, such as
the search of moving vehicles. In People v. Libnao,42 the Court held:
• G.R. No. 203355, August 18, 2015 - LEO R. ROSALES,
LawlibraryofCRAlaw

EDGAR SOLIS JONATHAN G. RANIOLA, LITO

FELICIANO, RAYMUNDO DIDAL, JR., NESTOR SALIN,
ARNULFO S. ABRIL, RUBEN FLORES, DANTE FERMA
Warrantless search and seizure of moving vehicles are allowed in recognition of the
AND MELCHOR SELGA, Petitioners, v. NEW A.N.J.H. impracticability of securing a warrant under said circumstances as the vehicle can be
ENTERPRISES & N.H. OIL MILL CORPORATION, NOEL quickly moved out of the locality or jurisdiction in which the warrant may be sought. Peace
AWAYAN, MA. FE AWAYAN, BYRON ILAGAN, HEIDI A. officers in such cases, however, are limited to routine checks where the examination of the
ILAGAN AND AVELINO AWAYAN, Respondents. vehicle is limited to visual inspection. When a vehicle is stopped and subjected to an
extensive search, such would be constitutionally permissible only if the officers made it
• A.M. No. RTJ-14-2383 (Formerly A.M. OCA I.P.I No. upon probable cause, i.e., upon a belief, reasonably arising out of circumstances known to
05-2301-RTJ), August 17, 2015 - DR. CORAZON D. the seizing officer, that an automobile or other vehicle contains a[n] item, article or object
PADERANGA, DULCE P. GUIBELONDO, PATRIA P.
which by law is subject to seizure and destruction.43
DIAZ, CARMENCITA P. ORSENO, AND DR. AMOR P.
GALON, Complainants, v. HONORABLE RUSTICO D.
PADERANGA, IN HIS CAPACITY AS THE PRESIDING
JUDGE OF THE REGIONAL TRIAL COURT, BRANCH 28, Although the term eludes exact definition, probable cause signifies a reasonable ground of suspicion
IN MAMBAJAO, CAMIGUIN, Respondent.; A.M. No. supported by circumstances sufficiently strong in themselves to warrant a cautious man's belief that the
RTJ-07-2033 (FORMERLY A.M. OCA I.P.I No. 06-2485- person accused is guilty of the offense with which he is charged; or the existence of such facts and
RTJ) - PATRIA PADERANGA DIAZ, Complainant, v. circumstances which could lead a reasonably discreet and prudent man to believe that an offense has
HON. RTC JUDGE RUSTICO D. PADERANGA, AS THE been committed and that the items, articles or objects sought in connection with said offense or subject
PRESIDING JUDGE OF THE REGIONAL TRIAL COURT, to seizure and destruction by law are in the place to be searched.44 The determination of probable cause
BRANCH 28, IN MAMBAJAO, CAMIGUIN, Respondent.
must be resolved according to the facts of each case.45 redarclaw

• G.R. No. 160924, August 05, 2015 - TERELAY

INVESTMENT AND DEVELOPMENT CORPORATION, The Court has ruled in several dangerous drug cases46 that tipped information is sufficient probable
Petitioner, v. CECILIA TERESITA J. YULO, Respondent. cause to effect a warrantless search. In People v. Mariacos,47 the police received at dawn information
that a baggage of marijuna was loaded on a passenger jeepney about to leave for the poblacion. There,
• G.R. No. 213286, August 26, 2015 - MAMERTA LOPEZ the informant described the bag containing the prohibited drugs. The Court held that the police had
CLAUDIO, EDUARDO L. CLAUDIO, ASUNCION
CLAUDIO-CONTEGINO, ANA CLAUDIO-ISULAT, probable cause to search the packages allegedly containing illegal drugs.48 redarclaw

DOLORES CLAUDIO-MABINI, AND FERMIN L.

CLAUDIO, Petitioners, v. SPOUSES FEDERICO AND In the present case, the vehicle that carried the prohibited drugs was about to leave. The PDEA agents
NORMA SARAZA, Respondent. made a judgment call to act fast, as time was of the essence. The team arrived at the terminal around 15
minutes49 before the bus was scheduled to depart. Upon boarding the bus, IO1 Mangili and IO1 Peralta
• G.R. No. 200295, August 19, 2015 - PEOPLE OF THE identified two men fitting the description given by the informant in possession of a box described50 by
PHILIPPINES, Plaintiff-Appellee, v. EDGAR BOLO Y
the informant to contain marijuana.
FRANCO, Accused-Appellant.

• G.R. No. 209331, August 24, 2015 - DEPARTMENT OF Moreover, the PDEA agents had reasonable suspicion based on appellants' behavior that the latter were
FINANCE, REPRESENTED BY HON. CESAR V. PURISIMA probably committing a crime. IO1 Mangili casually asked appellant Yumol who owned the box at their
IN HIS OFFICIAL CAPACITY AS SECRETARY, AND THE (appellants') feet. After answering that it belonged to them (appellants), Yumol suddenly stood up and
BUREAU OF CUSTOMS, REPRESENTED BY HON. tried to leave. IO1 Peralta prevented him from getting off the bus. Then IO1 Mangili asked appellant Breis
ROZZANO RUFINO B. BIAZON, IN HIS OFFICIAL what was contained in the box. Instead of answering, Breis shoved IO1 Mangili and tried to flee. It must
CAPACITY AS COMMISSIONER OF CUSTOMS, be noted that IO1 Mangili identified himself as a PDEA agent before either appellant tried to leave the
Petitioners, v. HON. MARINO M. DELA CRUZ, JR., IN bus:
HIS CAPACITY AS EXECUTIVE JUDGE, REGIONAL
LawlibraryofCRAlaw

TRIAL COURT, MANILA, HON. FELICITAS O. LARON-

CACANINDIN, IN HER CAPACITY AS PRESIDING
Q And you wanted to confirm your suspicion by asking from Gary Yumol who owns
JUDGE, REGIONAL TRIAL COURT, MANILA, BRANCH
the box?
17, RONNIE C. SILVESTRE, EDWARD P. DELA CUESTA,
ROGEL C. GATCHALIAN, IMELDA D.CRUZ, LILIBETH S. A Yes, sir.
SANDAG, RAYMOND P. VENTURA, MA. LIZA S. TORRES, Q And Gary Yumol, of course, did not give you any answer?
ARNEL C. ALCARAZ, MA. LOURDES V. MANGAOANG, A He said that it is theirs.
FRANCIS AGUSTIN Y. ERPE, CARLOS T. SO, MARIETTA Q Did you also talk to the companion of Gary Yumol?
 D. ZAMORANOS, CARMELITA M. TALUSAN,1] AREFILES A After Gary stood up suddenly I also spoke to Regie Breis.
H. CARREON,2] AND ROMALINO G. VALDEZ, Q And did he also give you any answer?
Respondents. A He just pushed me and tried to leave the bus.
xxxx
• A.C. No. 6738, August 12, 2015 - GABRIELA CORONEL,
Q Before you talked to Gary Yumol did you identify yourself as PDEA
Petitioner, v. ATTY. NELSON A. CUNANAN,
Respondent.
agents?
A When I asked him who owns the box, I then identified myself.
• G.R. No. 170671, August 19, 2015 - FILADELFA T. Q Did you ask them if you can see the contents of the box?
LAUSA, LORETA T. TORRES, PRIMITIVO TUGOT AND A I told Regie to open the box but he did not want that's why I was the one who
ANACLETO T. CADUHAY, Petitioners, v. MAURICIA opened it.
QUILATON, RODRIGO Q. TUGOT, PURIFICACION T. Q Gary Yumol according to you stood up?
CODILLA, TEOFRA T. SADAYA, ESTRELLITA T. GALEOS A Yes, sir.
AND ROSITA T. LOPEZ, Respondents. Q And when he stood up, he was held by Agent Peralta?
A Yes, sir.
• G.R. No. 202322, August 19, 2015 - LIGHT RAIL
Q And Regie Breis also stood up after you talked to him?
TRANSIT AUTHORITY, Petitioner, v. ROMULO S.
MENDOZA, FRANCISCO S. MERCADO, ROBERTO M. A Yes, sir.
REYES, EDGARDO CRISTOBAL, JR., AND RODOLFO Q But he was also held by Agent Peralta?
ROMAN, Respondents. A I was the one who told him to sit down.
Q Before you told him to sit down did you introduce yourself as a PDEA
• G.R. No. 198751, August 19, 2015 - FLOR CAÑAS- agent?
MANUEL, Petitioner, v. ANDRES D. EGANO, A Yes, sir.51 (Emphasis supplied)
Respondent.

• G.R. No. 181111, August 17, 2015 - JACKSON Appellants' act of standing up to leave the bus under different circumstances may be natural; but it is not
PADIERNOS Y QUEJADA, JACKIE ROXAS Y GERMAN
AND ROLANDO MESINA Y JAVATE, Petitioners, v. so in this case. In People v. Aminnudin,52 the warrantless arrest of Aminnudin based on an informant's
PEOPLE OF THE PHILIPPINES, Respondent. tip that he was carrying marijuana was declared unconstitutional because there was no outward
indication that called for his arrest. There, the Court found that "[t]o all appearances, he was like any of
• G.R. No. 202645, August 05, 2015 - FORTUNATO R. the other passengers innocently disembarking from the vessel."53 redarclaw

BARON, MANOLO B. BERSABAL, AND RECTO A.

MELENDRES, Petitioners, v. EPE TRANSPORT, INC. In contrast to the instant case, appellants were attempting to get out of a bus that was about to leave
AND/OR ERNESTO P. ENRIQUEZ, Respondents. the terminal, and not one that had just arrived, where the other passengers were, as can be expected,
seated in preparation for departure. It is unnatural for passengers to abruptly disembark from a
• G.R. No. 211263, August 05, 2015 - OKS DESIGNTECH,
INC. REPRESENTED BY ZAMBY O. PONGAD, Petitioner,
departing bus, leaving their belongings behind. Any reasonable observer would be put on suspicion that
v. MARY JAYNE L. CACCAM, Respondent. such persons are probably up to no good. To a trained law enforcement agent, it signaled the probability
that appellants were committing an offense and that the objects left behind might be contraband or even
• G.R. No. 175098, August 26, 2015 - ISMAEL V. dangerous articles.
CRISOSTOMO, Petitioner, v. MARTIN P. VICTORIA,
Respondent. Indeed, as observed by the PDEA agents, appellants were not simply passengers carrying a box in a bus.
They engaged in suspicious behavior when they tried to flee after IO1 Mangili showed interest in their
• A.M. No. CA-15-33-P [Formerly OCA IPI No. 13-207- box and identified himself as a PDEA agent. Worse, in his attempt at flight, Breis pushed IO1 Mangili,
CA-P], August 24, 2015 - TERESITA R. MARIGOMEN, already knowing that the latter was a PDEA agent. This brazen act on the part of Breis only cemented the
CLERK OF COURT, COURT OF APPEALS, MANILA,
belief that appellants were likely hiding a wrongdoing and avoiding capture by law enforcers.
Complainant, v. RONELO G. LABAR, DRIVER, MAILING
AND DELIVERY SECTION, COURT OF APPEALS, CEBU
STATION, Respondent. The act of Breis in physically pushing IO1 Mangili and attempting to flee constitutes resistance defined
under Article 151 of the Revised Penal Cjode (RPC).54 Before a person can be held guilty of the crime of
• G.R. No. 168157, August 19, 2015 - HILARIO P. resistance or disobedience to a person in authority, it must be shown beyond reasonable doubt that the
SORIANO, Petitioner, v. DEPUTY OMBUDSMAN FOR accused knew that the person he disobeyed or resisted is a person in authority or the agent of such
LUZON VICTOR C. FERNANDEZ, FLORIZA A. BRIONES, person who is actually engaged in the performance of his official duties.55
GRAFT INVESTIGATION AND PROSECUTION OFFICER
redarclaw

II, DONNA B. PASCUAL, GRAFT INVESTIGATION AND

PROSECUTION OFFICER II, AND ATTY. ADONIS C.
As a PDEA agent, IO1 Mangili is a law enforcement agent and as such is an agent of a person in authority
CLEOFE, Respondents. as defined in the RPC.56 IO1 Mangili was in the act of investigating a lead, and possibly apprehending
violators of RA 9165, in accordance with the mandate of the PDEA.57 He announced his identity as such
• G.R. No. 200841-42, August 26, 2015 - CE LUZON agent to appellants. It may even be gleaned that knowing that IO1 Mangili was a PDEA agent was
GEOTHERMAL POWER COMPANY, INC., Petitioner, v. precisely the cause of the attempted flight of appellants.
COMMISSIONER OF INTERNAL REVENUE, Respondent.
The laying of hands or using physical force against agents of persons in authority when not serious in
• G.R. No. 171582, August 19, 2015 - ALBERTO T.
LASALA, PREVIOUSLY DOING BUSINESS UNDER THE
nature constitutes resistance or disobedience under Article 151, and not direct assault under Article 148
STYLE PSF SECURITY AGENCY, Petitioner, v. THE of the RPC.58 This is because the gravity of the disobedience to an order of a person in authority or his
NATIONAL FOOD AUTHORITY, Respondent. agent is measured by the circumstances surrounding the act, the motives prompting it and the real
importance of the transgression, rather than the source of the order disobeyed.59 The pushing of IO1
• G.R. No. 169343, August 05, 2015 - SAN MIGUEL Mangili is not of such serious defiance to be considered direct assault, but is resistance nonetheless.
PROPERTIES, INC., Petitioner, v. BF HOMES, INC.,
Respondent.
The Court has held justified resistance to illegal or abusive acts of agents of persons in authority. In Chan
• G.R. No. 166102, August 05, 2015 - MANILA ELECTRIC Fook,60 the Court quoted Groizard: LawlibraryofCRAlaw

COMPANY, Petitioner, v. THE CITY ASSESSOR AND

CITY TREASURER OF LUCENA CITY, Respondents.
A person in authority, his agent or a public officer who exceeds his power can not be said
• A.M. No. 99-7-01-SC, August 18, 2015 - RE: REQUEST to be in the exercise of the functions of his office. The law that defines and establishes his
OF RETIRED SUPREME COURT AND COURT OF powers does not protect him for anything that has not been provided for.
APPEALS JUSTICES FOR INCREASE/ADJUSTMENT OF
THEIR DECEMBER 1998 PENSIONS The scope of the respective powers of public officers and their agents is fixed. If they go
beyond it and they violate any recognized rights of the citizens, then the latter may resist
• A.M. No. RTJ-15-2439 (Formerly: OCA I.P.I. No. 12-
the invasion, specially when it is clear and manifest. The resistance must be coextensive
3989-RTJ), August 26, 2015 - ARIEL "AGA" MUHLACH,
Complainant, v. EXECUTIVE JUDGE MA. ANGELA
with the excess, and should not be greater than what is necessary to repel the aggression.
ACOMPAÑADO-ARROYO, REGIONAL TRIAL COURT,
SAN JOSE CITY, CAMARINES SUR, Respondent. The invasion of the prerogatives or rights of another and the excess in the functions of an
office, are the sources that make for legitimate resistance, especially, in so far as it is
• G.R. No. 169385, August 26, 2015 - TEOFILO necessary for the defense of the persons or their rights in the manner provided for in
GIANGAN, SANTOS BONTIA (DECEASED), AND article 8 of the Penal Code.61
LIBERATO DUMAIL (DECEASED), Petitioners, v.
PEOPLE OF THE PHILIPPINES, Respondent.
Unlike the officer in Chan Fook, IO1 Mangili did not exceed his authority in the performance of his duty.
• G.R. No. 205722, August 19, 2015 - REPUBLIC OF THE
Prior to Breis' resistance, IO1 Mangili laid nary a finger on Breis or Yumol. Neither did his presence in the
PHILIPPINES, REPRESENTED BY THE PRESIDENTIAL
bus constitute an excess of authority. The bus is public transportation, and is open to the public. The
COMMISSION ON GOOD GOVERNMENT, Petitioners, v.
LEGAL HEIRS OF JOSE L. AFRICA, Respondents. expectation of privacy in relation to the constitutional right against unreasonable searches in a public bus
is not the same as that in a person's dwelling. In fact, at that point in time, only the bus was being
• G.R. No. 169710, August 19, 2015 - REPUBLIC OF THE searched, not Yumol, Breis, or their belongings, and the search of moving vehicles has been upheld.
PHILIPPINES, Petitioner, v. JOSE ALBERTO ALBA,
REPRESENTED BY HIS ATTORNEY-IN-FACT, MANUEL C. Moreover, appellants are not in any position to claim protection of the right against unreasonable
BLANCO, JR., Respondent. searches as to the warrantless search of the bus. The pronouncement of the United States Supreme
Court (USSC) in Rakas v. Illinois62 regarding the Fourth Amendment rights63 is instructive:
• G.R. No. 162692, August 26, 2015 - NILO V.
LawlibraryofCRAlaw

CHIPONGIAN, Petitioner, v. VICTORIA BENITEZ-

LIRIO, FEODOR BENITEZ AGUILAR, AND THE COURT
Fourth Amendment rights are personal rights, which, like some other constitutional rights,
OF APPEALS, Respondents.
may not be vicariously asserted. A person who is aggrieved by an illegal search and
• G.R. No. 206032, August 19, 2015 - JOSE RUDY L. seizure only through the introduction of damaging evidence secured by a search of a third
BAUTISTA, Petitioner, v. ELBURG SHIPMANAGEMENT person's premises or property has not had any of his Fourth Amendment rights infringed.
PHILIPPINES, INC., AUGUSTEA SHIPMANAGEMENT And since the exclusionary rule is an attempt to effectuate the guarantees of the Fourth
ITALY, AND/OR CAPTAIN ANTONIO S. NOMBRADO, Amendment, it is proper to permit only defendants whose Fourth Amendment rights have
Respondents. been violated to benefit from the rule's protections.64 (Citations omitted)
• G.R. No. 208354, August 26, 2015 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. RICARDO BACUS, It being established that IO1 Mangili was not in violation of Yumol's or Breis' rights as he was searching
Accused-Appellant. the bus, there is no excess of authority, clear and manifest or otherwise, for either Yumol or Breis to
lawfully resist. Hence, the act of Breis in pushing IO1 Mangili was an unlawful resistance to an agent of a
• G.R. No. 168258, August 17, 2015 - RICARDO V.
person in authority, contrary to Article 151 of the RPC.
QUINTOS, Petitioner, v. DEVELOPMENT BANK OF THE
PHILIPPINES AND PHILIPPINE NATIONAL BANK,
Respondents. Breis' commission of a crime in view of, and against IO1 Mangili, and proclivity for resorting to acts of
violence further justify the warrantless search of appellants.
• G.R. No. 181111, August 17, 2015 - JACKSON
PADIERNOS Y QUEJADA, JACKIE ROXAS Y GERMAN A further point. Appellants each attempted to alight from a departing bus, leaving behind their
AND ROLANDO MESINA Y JAVATE, Petitioners, v. belongings. They may be deemed to have abandoned the box in their flight. A thing is considered
PEOPLE OF THE PHILIPPINES, Respondent. abandoned and possession thereof lost if the spes recuperandi (the hope of recovery) is gone and the
animus revertendi (the intention of returning) is finally given up.65 That appellants got up to leave a
• G.R. No. 202645, August 05, 2015 - FORTUNATO R.
departing bus without bringing their box points to the absence of both spes recuperandi and animus
BARON, MANOLO B. BERSABAL, AND RECTO A.
MELENDRES, Petitioners, v. EPE TRANSPORT, INC. revertendi. Indeed, although their flight was thwarted by the PDEA agents, both appellants intended to
AND/OR ERNESTO P. ENRIQUEZ, Respondents. leave the box behind without returning for it. Abandonment has the effect of converting a thing into res
nullius.66 redarclaw

• G.R. No. 175098, August 26, 2015 - ISMAEL V.

CRISOSTOMO, Petitioner, v. MARTIN P. VICTORIA, In the United States, abandoned articles, such as those thrown away, are considered bona vacantia, and
Respondent.
may be lawfully searched and seized by law enforcement authorities.67 Put to question in Abel v. United
• G.R. No. 211263, August 05, 2015 - OKS DESIGNTECH, States68 was the admissibility of incriminating articles, which had been thrown away, that the Federal
INC. REPRESENTED BY ZAMBY O. PONGAD, Petitioner, Bureau of Investigation recovered without warrant. The USSC held that the articles were abandoned and
v. MARY JAYNE L. CACCAM, Respondent. that there was nothing unlawful in the government's appropriation of such abandoned property.69 In
Hester v. United States,70 defendants and his associates ran away from officers, and in the process
• A.M. No. CA-15-33-P [Formerly OCA IPI No. 13-207- discarded a jar and a jug. The USSC held no Fourth Amendment violation occurred when officers
CA-P], August 24, 2015 - TERESITA R. MARIGOMEN,
CLERK OF COURT, COURT OF APPEALS, MANILA, examined the contents of the discarded items without warrant.71 In California v. Hodari,12 police officers,
Complainant, v. RONELO G. LABAR, DRIVER, MAILING without warrant, pursued defendant who threw a rock of cocaine into an alley as he was running. The
AND DELIVERY SECTION, COURT OF APPEALS, CEBU USSC upheld the admissibility of the abandoned cocaine.73 redarclaw

STATION, Respondent.
Applied analogously, there is no objectionable warrantless search and seizure of the box of marijuana
• G.R. No. 168157, August 19, 2015 - HILARIO P. abandoned in the bus by appellants.
SORIANO, Petitioner, v. DEPUTY OMBUDSMAN FOR
LUZON VICTOR C. FERNANDEZ, FLORIZA A. BRIONES,
Given the above discussion, it is readily apparent that the search in this case is valid.
GRAFT INVESTIGATION AND PROSECUTION OFFICER
II, DONNA B. PASCUAL, GRAFT INVESTIGATION AND
PROSECUTION OFFICER II, AND ATTY. ADONIS C. Having been found with prohibited drugs in their possession, appellants were clearly committing a
CLEOFE, Respondents. criminal offense in the presence of IO1 Mangili and IO1 Peralta. The subsequent warrantless arrest falls
under Section 5(a), Rule 113 of the Rules of Court: LawlibraryofCRAlaw

• G.R. No. 200841-42, August 26, 2015 - CE LUZON

GEOTHERMAL POWER COMPANY, INC., Petitioner, v.
COMMISSIONER OF INTERNAL REVENUE, Respondent. SEC. 5. Arrest without warrant; when lawful. - A peace officer or a private person may,
without a warrant, arrest a person: LawlibraryofCRAlaw

• G.R. No. 171582, August 19, 2015 - ALBERTO T.

LASALA, PREVIOUSLY DOING BUSINESS UNDER THE (a) When, in his presence, the person to be arrested has committed, is actually
STYLE PSF SECURITY AGENCY, Petitioner, v. THE
committing, or is attempting to commit an offense;
NATIONAL FOOD AUTHORITY, Respondent.

• G.R. No. 169343, August 05, 2015 - SAN MIGUEL xxxx

PROPERTIES, INC., Petitioner, v. BF HOMES, INC.,
Respondent.
Hence, the warrantless arrest of appellants is lawful.
• G.R. No. 166102, August 05, 2015 - MANILA ELECTRIC
COMPANY, Petitioner, v. THE CITY ASSESSOR AND Defenses of Denial and Frame-Up
CITY TREASURER OF LUCENA CITY, Respondents.
Appellants' defenses of denial and frame-up were disbelieved by both the trial court and the Court of
• A.M. No. RTJ-15-2439 (Formerly: OCA I.P.I. No. 12- Appeals. It is a settled rule that the evaluation of the credibility of witnesses and their testimonies is a
3989-RTJ), August 26, 2015 - ARIEL "AGA" MUHLACH, matter best undertaken by the trial court because of its unique opportunity to observe the witnesses
Complainant, v. EXECUTIVE JUDGE MA. ANGELA
ACOMPAÑADO-ARROYO, REGIONAL TRIAL COURT, firsthand and to note their demeanor, conduct and attitude under grilling examination.74 We find no
SAN JOSE CITY, CAMARINES SUR, Respondent. reason to deviate from this rule.

• A.M. No. 99-7-01-SC, August 18, 2015 - RE: REQUEST The defenses of denial and frame-up cannot prevail over the positive and categorical assertions of the
OF RETIRED SUPREME COURT AND COURT OF PDEA agents who were strangers to appellants and against whom no ill-motive was established.75
APPEALS JUSTICES FOR INCREASE/ADJUSTMENT OF Further, such defenses failed to overcome the documentary and physical evidence presented by the
THEIR DECEMBER 1998 PENSIONS prosecution.
• G.R. No. 169385, August 26, 2015 - TEOFILO
GIANGAN, SANTOS BONTIA (DECEASED), AND
In light of the foregoing, appellants' conviction for illegal possession of dangerous drugs is in order.
LIBERATO DUMAIL (DECEASED), Petitioners, v.
PEOPLE OF THE PHILIPPINES, Respondent. Penalty for Illegal Possession of Dangerous Drugs

• G.R. No. 205722, August 19, 2015 - REPUBLIC OF THE The penalty for illegal possession of dangerous drugs is provided in Section of RA 9165: LawlibraryofCRAlaw

PHILIPPINES, REPRESENTED BY THE PRESIDENTIAL

COMMISSION ON GOOD GOVERNMENT, Petitioners, v.
LEGAL HEIRS OF JOSE L. AFRICA, Respondents. SEC. 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to death and a
fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
• G.R. No. 169710, August 19, 2015 - REPUBLIC OF THE (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law/, shall
PHILIPPINES, Petitioner, v. JOSE ALBERTO ALBA, possess any dangerous drug in the following quantities, regardless of the degree of purity
REPRESENTED BY HIS ATTORNEY-IN-FACT, MANUEL C.
thereof:
BLANCO, JR., Respondent.
LawlibraryofCRAlaw

• G.R. No. 162692, August 26, 2015 - NILO V. xxxx

CHIPONGIAN, Petitioner, v. VICTORIA BENITEZ-
LIRIO, FEODOR BENITEZ AGUILAR, AND THE COURT 7) 500 grams or more of marijuana;
OF APPEALS, Respondents.
xxxx
• G.R. No. 206032, August 19, 2015 - JOSE RUDY L.
BAUTISTA, Petitioner, v. ELBURG SHIPMANAGEMENT
PHILIPPINES, INC., AUGUSTEA SHIPMANAGEMENT The penalty imposed upon appellants is in order.
ITALY, AND/OR CAPTAIN ANTONIO S. NOMBRADO,*
Respondents. WHEREFORE, the appeal is DISMISSED. The Decision dated 26 June 2012 of the Court of Appeals in
CA-G.R. CR-H.C. No. 04916, affirming the Decision dated 14 February 2011 of the Regional Trial Court,
• G.R. No. 208354, August 26, 2015 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. RICARDO BACUS,
Branch 61, Baguio City in Criminal Case No. 30409-R, is AFFIRMED.
Accused-Appellant.
SO ORDERED. cralawlawlibrary

• G.R. No. 200751, August 17, 2015 - MONICO LIGTAS,

Petitioner, v. PEOPLE OF THE PHILIPPINES, Brion, Del Castillo, Mendoza, and Leonen, JJ., concur.
Respondent.
Endnotes:
• G.R. No. 168258, August 17, 2015 - RICARDO V.
QUINTOS, Petitioner, v. DEVELOPMENT BANK OF THE
PHILIPPINES AND PHILIPPINE NATIONAL BANK, * Also referred to in the Records as Gary Yumul y Tuazon.
Respondents.
1Rollo, pp. 2-16. Penned by Associate Justice Rebecca De Guia-Salvador, with Associate
• G.R. No. 215568, August 03, 2015 - RICHARD N.
RIVERA, Petitioner, v. GENESIS TRANSPORT SERVICE, Justices Normandie B. Pizarro and Rodil V. Zalameda concurring.
INC. AND RIZA A. MOISES, Respondents.
2 Records, pp. 179-185. Penned by Judge Antonio C. Reyes.
• G.R. No. 172301, August 19, 2015 - PHILIPPINE
NATIONAL CONSTRUCTION CORPORATION, Petitioner, 3Rollo, p. 3.
v. ASIAVEST MERCHANT BANKERS (M) BERHAD,
Respondent. 4 Records, pp. 179-180.
• G.R. No. 210554, August 05, 2015 - DAVID YU
KIMTENG, MARY L. YU, WINNIE L. YU, VIVIAN L. YU, 5 Id. at 180-181,
ROSA GAN, LILIAN CHUA WOO YUKIMTENG, SANTOS
YU, MARCELO YU, AND SIN CHIAO YU LIM, 6 CA rollo, p.19.
Petitioners, v. ATTY. WALTER T. YOUNG, ANASTACIO
E. REVILLA, JR., ATTY. JOVITO GAMBOL, AND ATTY.
7 Records, ] 185.
DAN REYNALD R. MAGAT, PRACTICING LAW UNDER
THE FIRM NAME, YOUNG REVILLA GAMBOL & MAGAT,
AND JUDGE OFELIA L. CALO, PRESIDING JUDGE OF 8 CA rollo, P- 34.
BRANCH 211 OF THE REGIONAL TRIAL COURT,
MANDALUYONG CITY, Respondents. 9 Id. at 101.
• G.R. No. 171804, August 05, 2015 - THE REGISTER OF
10 Id. at 32-45, 59-84.
DEEDS OF NEGROS OCCIDENTAL AND THE NATIONAL
TREASURER OF THE REPUBLIC OF THE PHILIPPINES,
Petitioners, v. OSCAR ANGLO, SR., AND ANGLO 11 Rollo, pp. 39-40.
AGRICULTURAL CORPORATION, REPRESENTED BY
OSCAR ANGLO, JR., Respondents. 12 CA rollo, pp. 39-40.
• G.R. No. 205705, August 05, 2015 - DOMINADOR M.
13 Id. at 40-41.
APIQUE, Petitioner, v. EVANGELINE APIQUE
FAHNENSTICH, Respondent.
14Brief for the Accused-Appellants, id. at 39-40.
• G.R. No. 195990, August 05, 2015 - HEIRS OF RAFAEL
GOZO REPRESENTED BY CASTILLO GOZO AND RAFAEL 15
GOZO, JR., Petitioners, v. PHILIPPINE UNION
TSN, 12 May 2010, pp. 26, 30-31; TSN, 7 July 2010, p. 25.
MISSION CORPORATION OF THE SEVENTH DAY
ADVENTIST CHURCH (PUMCO), SOUTH PHILIPPINE 16 TSN, 25 August 2010, pp. 38-40, 43-44; TSN, 8 November 2010, p. 13.
UNION MISSION OF SDA (SPUMCO) AND SEVENTH
DAY ADVENTIST CHURCH AT SIMPAK, LALA, LANAO 17 Exhibits "C-l," "C-2," and "C-3," Records p. 10.
DEL NORTE REPRESENTED BY BETTY PEREZ ,
Respondents. 18 Exhibit "C," id.
• G.R. No. 163504, August 05, 2015 - BERLINDA
ORIBELLO, Petitioner, v. COURT OF APPEALS 19 Exhibits "I," "I-1," "I-2," "I-3," and "I-4," id. at 51-55.
(SPECIAL FORMER TENTH DIVISION), AND REMEDIOS
ORIBELLO, Respondents. 20 Brief for the Accused-Appellants, CA rollo, pp. 40-41.

21People v. Somoza, G.R. No. 197250, 13 July 2013, 701 SCRA 525, 545-546.

22People v, Cervantes, 600 Phil. 819 (2009).

23People v. De Jesus, G.R. No. 191753, 17 September 2012, 680 SCRA 680, 690-691,
citing People v. Bautista, 665 Phil. 815, 833 (2011).

24 CA rollo, p. 43.

25People v. Arriola, 681 Phil. 578, 594 (2012).

26 TSN, 12 May 2010, pp. 17-18.

27 TSN, 7 July 2010, pp. 25-26; TSN, 25 August 2010, pp. 37-42.

28 TSN, 7 July 2010, pp. 26-27; TSN, 25 August 2010, pp. 40-42.

29 Exhibit "F," Records, p. 14.

30 Exhibit "G," id. at 34.

31 Id.

32 Id. at 29.

33 Minutes of Preliminary Conference, id. at 31.

34 Supra note 25, at 597.

35 G.R. No. 206738, 11 December 2013, 712 SCRA 776.

36 Id. at 795.

37 TSN, 12 May 2010, pp. 31-32.

38 Exhibit "I" marked on 12 May 2010. Records, p. 51.

38 Id. at 34.

40 1987 Constitution, Article III, Section 2. 1987 Constitution, Article III, Section 3(2).

42 G.R. No. 136860, 20 January 2003. 395 SCRA 407.

43 Id. at 414.

44People v. Valdez, 363 Phil. 481,489 (1999).

45People v. Ayangao, 471 Phil. 379, 388 (2004).

46People v. Ayangao, id.; People v. Libnao, supra; People v. Valdez, supra; People v.
Mariacos, 635 Phil. 315(2010).

47 635 Phil. 315(2010).

48 Id. at 331.

49 TSN, 7 July 2010, p. 17.

50 In contrast to Mariacos, the confidential informant in the present case not only
described the box, but also the appearances and clothing of appellants, thus: LawlibraryofCRAlaw

Q The description given was the height and the built (sic) only, correct?
A And also the clothes they are wearing and the description of the box. (TSN, 7 July 2010,
p. 13)

51 TSN, 7 July 2010, pp. 21-23.

52 246 Phil. 424 (1988).

53 Id. at 434.

54 Art. 151. Resistance and disobedience to a person in authority or the agents of such
person. - The penalty of arresto mayor and a fine not exceeding 500 pesos shall be
imposed upon any person who not being included in the provisions of the preceding
articles shall resist or seriously disobey any person in authority, or the agents of such
person, while engaged in the performance of official duties.

When the disobedience to an agent of a person in authority is not of a serious nature, the
penalty of arresto menor or a fine ranging from 10 to 100 pesos shall be imposed upon the
offender.

55Vytiaco v. Court of Appeals, 126 Phil. 48, 59 (1967).

56United States v. Taylor, 6 Phil. 162 (1906).

57 Republic Act No. 9165, provides in part: LawlibraryofCRAlaw

Sec. 82. Creation of the Philippine Drug Enforcement Agency (PDEA). - To carry out the
provisions of this Act, the Philippine Drug Enforcement Agency (PDEA), which serves as the
implementing arm of the Board, and shall be responsible for the efficient and effective law
enforcement of all the provisions on any dangerous drug and/or controlled precursor and
essential chemical as provided in this Act. xxx x

Sec. 84. Powers and Duties of the PDEA. - The PDEA shall: x x x x

b) Undertake the enforcement of the provisions of Article II of this Act relative to the
unlawful acts and penalties involving any dangerous drug and/or controlled precursor and
essential chemical and investigate all violators and other matters involved in the
commission of any crime relative to the use, abuse or trafficking of any dangerous drug
and/or controlled precursor and essential chemical x x x;

xxxx

d) Arrest and apprehend as well as search all violators and seize or confiscate, the effects
or proceeds of the crimes as provided by law and take custody thereof, for this purpose the
prosecutors and enforcement agents are authorized to possess firearms, in accordance
with existing laws;

xxxx

58United States v. Taylor, supra.

59People v. Chan Fook, 42 Phil. 230 (1921).

60 Id.

61 Id. at 233-234; citing 3 Groizard, p. 456, et seq.

62 439 U.S. 128, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978).

63 The Fourth Amendment to the United States Constitution, similar to Section 2 of our Bill
of Rights, states: LawlibraryofCRAlaw

The right of the people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but
upon probable cause, supported by oath or affirmation, and particularly describing the
place to be searched, and the persons or things to be seized.

64 Id.

65Domalsin v. Sps. Valenciano, 515 Phil. 745, 764 (2006).

66Yu v. DeLara, 116 Phil. 1105(1962).

67 Abel v. United States, 362 U.S. 217 (1960).

68 Id.

69 Id.

70 265 U.S. 57 (1924).

71 Id.

72 499 U.S. 621 (1991).

73 Id.

74People v. Sapigao, Jr., 614 Phil. 589, 599 (2009).

75People v. De Jesus, supra note 23, at 688-689.

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