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[C.8. nos. 133234-33. Aprll 19, 2001]

SLCCnu ulvlSlCn
lacLs:
Cn uecember 26, 1993, Sr. lnsp. Agullar applled for a warranL ln Lhe 8eglonal 1rlal CourL, 8ranch 90, uasmarlnas, CavlLe, Lo
search Lhe resldence of accused-appellanL 8oberL SalangulL y ko on 8lnhagan SL., novallches, Cuezon ClLy. Pe presenLed as hls wlLness
SC1 Ldmund 8adua, who Lesued LhaL as a poseur-buyer, he was able Lo purchase 2.12 grams of -3#40 from accused- appellanL. 1he
sale Look place ln accused-appellanL's room, and 8adua saw LhaL Lhe -3#40 was Laken by accused-appellanL from a cablneL lnslde hls
room. 1he appllcauon was granLed, and a search warranL was laLer lssued by resldlng !udge uolores L. Lspanol.
rosecuuon verslon:
AL abouL 10:30 p.m. of uecember 26, 1993, a group of abouL 10 pollcemen, along wlLh one clvlllan lnformer, wenL Lo Lhe
resldence of accused-appellanL Lo serve Lhe warranL.
1he pollce operauves knocked on accused-appellanL's door, buL nobody opened lL. 1hey heard people lnslde Lhe house,
apparenLly panlcklng. 1he pollce operauves Lhen forced Lhe door open and enLered Lhe house.
Aer showlng Lhe search warranL Lo Lhe occupanLs of Lhe house, LL. CorLes and hls group sLarLed searchlng Lhe house. 1hey
found 12 small heaL-sealed LransparenL plasuc bags conLalnlng a whlLe crysLalllne subsLance, a paper cllp box also conLalnlng a whlLe
crysLalllne subsLance, and Lwo brlcks of drled leaves whlch appeared Lo be marl[uana wrapped ln newsprlnL havlng a LoLal welghL of
approxlmaLely 1,233 grams. A recelpL of Lhe lLems selzed was prepared, buL Lhe accused-appellanL refused Lo slgn lL.
verslon of uefense:
Cn Lhe nlghL of uecember 26, 1993, as Lhey were abouL Lo leave Lhelr house, Lhey heard a commouon aL Lhe gaLe and on Lhe
roof of Lhelr house. Suddenly, abouL 20 men ln clvlllan amre, brandlshlng long rearms, cllmbed over Lhe gaLe and descended Lhrough
an openlng ln Lhe roof.
When accused-appellanL demanded Lo be shown a search warranL, a plece of paper lnslde a folder was waved ln fronL of hlm.
As accused-appellanL fumbled for hls glasses, however, Lhe paper was wlLhdrawn and he had no chance Lo read lL.
Accused-appellanL clalmed LhaL he was ordered Lo sLay ln one place of Lhe house whlle Lhe pollcemen conducLed a search,
forclbly openlng cablneLs and Laklng hls bag conLalnlng money, a llcensed .43 callber rearm, [ewelry, and canned goods.
AermaLh:
Aer Lhe search, Lhe accused LogeLher wlLh Lhe conscaLed conLraband were Laken Lo Lhe pollce sLauon.
1he 81C convlcLed Lhe accused of vlolauon of Sec. 16, 8epubllc AcL no. 6423 and Lo suer Lhe penalLy of lndeLermlnaLe
senLence wlLh a mlnlmum of slx (6) monLhs of #55)-26 7#865 and a maxlmum of four (4) years and Lwo (2) monLhs of !5$-$6% /655)//$6%#"
and ln vlolauon of Sec. 8 of Lhe same law and senLenced Lo suer Lhe penalLy of 5)/0"-$6% !)5!)20# and a ne of hp 700,000.00
lssues:
1. WheLher or noL Lhe Search WarranL lssued ls valld.
2. WheLher or noL Lhe marl[uana selzed falls under Lhe plaln vlew docLrlne.
3. WheLher or noL Lhe force used ln Lhe rald was necessary.
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Peld:
1. Accused assalled Lhe valldlLy of Lhe warranL on Lhree grounds: (1) LhaL Lhere was no probable cause Lo search for drug
paraphernalla, (2) LhaL Lhe search warranL was lssued for more Lhan one speclc oense, and (3) LhaL Lhe place Lo be
searched was noL descrlbed wlLh sumclenL parucularlLy.
- Cn Lhe rsL ground, lL was Lesued by SC1 Ldmund 8adua, Lhe lnLelllgence omcer who acLed as a poseur-buyer
LhaL when he wenL lnslde Lhe house of Lhe accused, he saw Lhe accused geL Lhe shabu ln Lhe cablneL whlch ls ln Lhe
room of Lhe accused. Pence, Lhere was probable cause as Lo Lhe shabu buL no Lesumony was oered ln regards Lo
Lhe drug paraphernalla. 1hls does noL mean however LhaL Lhe search warranL as a whole ls vold or lnvalld.
Accordlngly, lL was held LhaL Lhe rsL parL of Lhe search warranL, auLhorlzlng Lhe search of accused-appellanL's
house for an undeLermlned quanuLy of -3#40, ls valld, even Lhough Lhe second parL, wlLh respecL Lo Lhe search for
drug paraphernalla, ls noL.
- Cn Lhe second ground, Lhe accused avers LhaL one warranL should be lssued for shabu, one warranL should be
lssued for marl[uana and one warranL should be for drug paraphernalla. 1he CourL held LhaL one warranL would
sumce slnce all acLs were covered under 8epubllc AcL no. 6423, a speclal law LhaL deals speclcally wlLh dangerous
drugs whlch are subsumed lnLo prohlblLed" and regulaLed" drugs and denes and penallzes caLegorles of
oenses whlch are closely relaLed or whlch belong Lo Lhe same class or specles.
- Cn Lhe Lhlrd ground, whlle Lhe address sLaLed ln Lhe warranL ls merely 8lnhagan SL., San !ose, Cuezon ClLy," Lhe
Lrlal courL Look noLe of Lhe facL LhaL Lhe records of Search WarranL conLalned several documenLs whlch ldenued
Lhe premlses Lo be searched, Lo wlL: 1) Lhe appllcauon for search warranL whlch sLaLed LhaL Lhe premlses Lo be
searched was locaLed ln beLween no. 7 and 11 aL 8lnhagan SLreeL, San !ose, Cuezon ClLy, 2) Lhe deposluon of
wlLness whlch descrlbed Lhe premlses as a house wlLhouL a number locaLed aL 8lnhagan SL., San !ose, Cuezon ClLy,
and 3) Lhe pencll skeLch of Lhe locauon of Lhe premlses Lo be searched. ln facL, Lhe pollce omcers who ralded
appellanL's house under Lhe leadershlp of ollce Senlor lnspecLor 8odolfo Agullar could noL have been mlsLaken as
lnspecLor Agullar resldes ln Lhe same nelghborhood ln 8lnhagan where appellanL llves and ln facL Agullar's place ls
aL Lhe end of appellanL's place ln 8lnhagan. Moreover, Lhe house ralded by Agullar's Leam ls undenlably Lhe house
of Lhe accused and lL was really Lhe accused who was Lhe LargeL. 1he raldlng Leam even rsL ascerLalned Lhrough
Lhelr lnformanL LhaL appellanL was lnslde hls resldence before Lhey acLually sLarLed Lhelr operauon.
2. 1he marl[uana found was covered wlLh newspaper and Lhus does noL fall under Lhe docLrlne of plaln vlew. WhaL was ln
plaln vlew were Lhe newspaper and noL Lhe marl[uana. Accordlngly, Lhe marl[uana ls lnadmlsslble ln evldence buL Lhe
conscauon ls valld and musL be upheld.
3. 1he occupanLs of Lhe house, especlally accused-appellanL, refused Lo open Lhe door desplLe Lhe facL LhaL Lhe searchlng
parLy knocked on Lhe door several umes. lurLhermore, Lhe agenLs saw Lhe susplclous movemenLs of Lhe people lnslde Lhe
house. 1hese clrcumsLances [usued Lhe searchlng parLy's forclble enLry lnLo Lhe house, founded as lL ls on Lhe
apprehenslon LhaL Lhe execuuon of Lhelr mlsslon would be frusLraLed unless Lhey do so. lurLhermore, no Lesumonles
from dlslnLeresLed parues were oered Lo corroboraLe Lhe sLory of Lhe accused LhaL Lhe pollce used excesslve force ln
enforclng Lhe warranL.
!"#$#%&$#, ln Crlmlnal Case no. C-93-64337, Lhe declslon of Lhe 8eglonal 1rlal CourL, 8ranch 96, Cuezon ClLy, ndlng accused-
appellanL 8oberLo SalangulL y ko gullLy of possesslon of lllegal drugs under 16 of 8.A. no. 6423, oLherwlse known as Lhe uangerous
urugs AcL, as amended, and senLenclng hlm Lo suer a prlson Lerm ranglng from slx (6) monLhs of #55)-26 7#865, as mlnlmum, and four
(4) years and Lwo (2) monLhs of !5$-$6% /655)//$6%#"* as maxlmum, and orderlng Lhe conscauon of 11.14 grams of meLhampheLamlne
hydrochlorlde ls Alll8MLu.
ln Crlmlnal Case no. C-93-64338, Lhe declslon of Lhe same courL ndlng accused-appellanL 8oberLo SalangulL y ko gullLy of possesslon of
prohlblLed drugs under 8 of 8.A. no. 6423, as amended, and senLenclng hlm Lo suer Lhe penalLy of 5)/"0-$6% !)5!)20# and Lo pay a
ne of 700,000.00 ls hereby 8LvL8SLu and SL1 ASluL and accused-appellanL ls ACCul11Lu of Lhe crlme charged. Powever, Lhe
conscauon of Lhe 1,234 grams of marl[uana, as well as Lhe 11.14 grams of meLhampheLamlne hydrochlorlde, and lLs dlsposluon as
ordered by Lhe Lrlal courL ls Alll8MLu.
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