G.R. No. 166061 July 6, 2007 Quelnan vs.
People
FACTS:
On 27 August 1996, a team from the Police Assistance and Reaction Against Crime (PARAC) of the
Department of Interior and Local Government (DILG) was formed to implement a search warrant issued
by RTC of Manila on 26 August 1996. At around 3:00 p.m., the team proceeded to the Cityland
Condominium in South Superhighway, Makati. They proceeded to Unit 615 where a naked male person
opened the door (petitioner). Upon entry, the police operatives searched the unit in the presence of
petitioner where 3 pieces of transparent plastic sachets (later identified as shabu) was found. Thereafter,
the group prepared a receipt of the properties seized allegedly signed by Punsaran, Security Officer of the
Cityland Condominium.
In his defense, petitioner testified that he is a resident of 150 Legaspi Tower 300, 2600 Roxas Boulevard,
Manila. He also happens to be the registered owner of Unit 615 of Cityland Condominium in Makati City,
which he leased to Sung Kok Lee (Lee) beginning May 1996. He was merely collecting payment that day.
Administrator of Cityland Condominium, testified that Lee was the actual occupant of Unit 615 at the time
petitioner was arrested
After trial, the RTC found petitioner guilty and sentenced him to suffer imprisonment prision correccional
as minimum to prison correccional as maximum. On appeal, the Court of Appeals affirmed the trial court’s
ruling modifying penalty to increase durations. Petitioner now seeks the reversal of said judgment. His
conviction or acquittal rests on the validity of the warrantless arrest. The prosecution proffers that
petitioner was caught in flagrante delicto in possession of the subject shabu justifying his warrantless
arrest
ISSUE:
● Was the search warrant properly enforced?
● Was the petitioner validly arrested without a warrant?
RULING:
● Yes, nowhere in the rule is it required that the search warrant must name the person who
occupies the described premises. The Court has definitively ruled that where the search warrant
is issued for the search of specifically described premises only and not for the search of a person,
the failure to name the owner or occupant of such property in the affidavit and search warrant
does not invalidate the warrant; and where the name of the owner of the premises sought to be
searched is incorrectly inserted in the search warrant, it is not a fatal defect if the legal
description of the premises to be searched is otherwise correct so that no discretion is left to the
officer making the search as to the place to be searched
● Yes, the petitioner was caught in flagrante delicto. In every prosecution for the illegal possession
of shabu, the following essential elements must be established: (a) the accused is found in
possession of a regulated drug; (b) the person is not authorized by law or by duly constituted
authorities; and (c) the accused has knowledge that the said drug is a regulated drug. More
importantly, the prosecution must prove that the accused had the intent to possess the drug.
Possession, under the law, includes not only actual possession, but also constructive possession.
Actual possession exists when the drug is in the immediate physical possession or control of the
accused. On the other hand, constructive possession exists when the drug is under the dominion
and control of the accused or when he has the right to exercise dominion and control over the
place where it is found. Exclusive possession or control is not necessary. Petitioner’s unlawful
possession, as exhibited by his control and dominion over the shabu found on top of the table,
was duly established by the following evidence: his presence in Unit 615 at the time of his arrest;
his representation to the police that he was the owner of the unit; his half-naked state when he
opened the door, strongly implying that he had stayed in the house longer than he claimed to be;
and finally, the fact that the shabu was found on top of a table beside the bed which appears to
be within sight of petitioner as there was a mere divider between the sala and bedroom
