G.R. No. 250306.
August 10, 2022 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RONILO
JUMARANG Y MULINGBAYAN, ACCUSED-APPELLANT.
DECISION
LOPEZ, J., J.:
This Court resolves an appeal from the Decision1 dated January 16, 2018 of the Court of
Appeals (CA), in CA-G.R. CR HC-No. 08654, which affirmed with modification the Judgment2 dated
August 30, 2016 rendered by the Regional Trial Court of Iriga City, Branch 60 (RTC), in Criminal
Case No. Ir-9174. The RTC earlier found accused-appellant Ronilo Jumarang y Mulingbayan
(Jumarang) guilty beyond reasonable doubt of violation of Section 16 (Cultivation or Culture of
Plants Classified as Dangerous Drugs or are Sources Thereof), Article II of Republic Act (R.A.) No.
9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002."
The Facts
On April 27, 2010, an Information was filed against Jumarang, the accusatory portion of which reads:
That on [the] 11th day of April 2010 at about 11:15 o'clock [sic] in the morning at Barangay
Santiago, Bato, Camarines Sur, Philippines and within the jurisdiction of this Honorable Court, the
above-named accused, without any legal purpose or authority, did then and there willfully, unlawfully
and knowingly, PLANT, CULTIVATE OR CULTURE THREE (3) POTS OF FULLY GROWN
MARIJUANA PLANTS WITH FRUITING TOPS, CLASSIFIED AS DANGEROUS DRUGS, ON TOP
OF THE ROOF OF HIS HOUSE MADE OF CONCRETE SLAB, MIXED WITH OTHER
ORNAMENTAL PLANTS, NOW HAVING THE FOLLOWING MARKINGS AND HEIGHTS: EXHB. A
JPB 4-11-10=116 CM; EXHB B JPB 4-11-10=189 CM & EXHB C JPB 4-11-10=109 CM regardless
of quantity, to the great damage and prejudice of public interest and of that of the Republic of the
Philippines.
ACTS CONTRARY TO LA W.3
Jumarang was arraigned and pleaded not guilty to the charge against him.4 Thereafter, trial on
the merits ensued.
The prosecution witnesses testified5 that on April 11, 2010, around 10:30 in the morning, Police
Officer (PO) 2 Manuel Tanay6 (PO2 Tanay) received a tip that someone "in the De Lima residence"
located in Santiago, Bato, Camarines Sur was keeping marijuana plants. The information was
relayed to the then Chief of Police of Bato, Camarines Sur Police Inspector Salvador Banaria
(P/Insp. Banaria), who, in turn, directed PO2 Tanay and PO2 Jeric Buena7 (PO2 Buena) to conduct
surveillance.8
PO2 Tanay and PO2 Buena immediately went to the area and positioned themselves around 10
meters outside a house, which was located inside a compound. From where they were standing,
they could see a man, later on identified as Jumarang,9 tending to some plants at the roof of the
house. Not long after, the man, holding a three-foot tall potted plant with "five finger leaves," started
descending the roof.
Suspecting that Jumarang was bringing the plant inside his house, the two police officers called
out to him and rushed inside the compound. They instructed Jumarang to put the plant down so they
could closely examine it. Jumarang complied while asserting that it was a medicinal plant. They also
asked Jumarang if they could go inside the house. Jumarang relented and allowed PO2 Tanay and
PO2 Buena inside the house.10
When PO2 Tanay and PO2 Buena went up the roof, they found two other pots of what they
identified as marijuana plants. They also brought these down. At this point, onlookers were already
starting to gather, including the owner of the compound, so PO2 Tanay and PO2 Buena decided to
bring Jumarang and the plants to the police station.11
Once there, PO2 Tanay looked for a barangay official, a member of the media, and a
prosecutor. He was able to secure the attendance of Acting Punong Barangay Adam Billiones,
media practitioner Glenda Bearis, and Prosecutor Antonio Ramos, Jr. as witnesses.12 PO2 Buena
also prepared the inventory receipts, and photographs were taken of the plants which were turned
over to PO2 Rico Dancalan. The next day, the plants were brought to Camp Simeon Ola for
scientific examination. The tests conducted by Police Senior Inspector Wilfredo I. Pabustan, Jr., a
forensic chemist, confirmed that these were marijuana plants.13
For his part, Jumarang vehemently denied the charges against him.14 He testified that at the
time of the incident, he was visiting his in-laws from Batangas where he resides. He stated that on
that day, April 11, 2010, his mother-in-law requested him to clean their rooftop. However, when he
saw three pots of marijuana plants among the other plants, he decided to report the matter to the
police. However, as he was handling the plants to bring to the police, two of them passed by him.
When they saw him with the plant, they approached and told him that he was planting marijuana.
They then asked him if they could check the rooftop and he accompanied them, along with his
parents-in-law, his wife, and some neighbors. There, they saw two more marijuana plants. As
Jumarang was the one caught handling the plant, he was arrested by the police officers.
After trial on the merits, the trial court rendered the Judgment15 dated August 30, 2016 finding
Jumarang guilty beyond reasonable doubt of violation of Section 16, Article II of R.A. No. 9165, and
sentencing him to suffer the penalty of reclusion perpetua and to pay a fine of P500,000.00.
Jumarang appealed the Judgment dated August 30, 2016 to the CA. However, the same was
denied by the CA in its Decision16 dated January 16, 2018, which affirmed with modification the trial
court's Judgment. The dispositive portion of the CA Decision reads:
WHEREFORE, in view of all the foregoing, the appeal of accused-appellant is DENIED and the
RTC's Decision dated August 30, 2016 is hereby AFFIRMED with MODIFICATION in that the
penalty imposed is life imprisonment with payment of fine of five hundred thousand Pesos
([P]500,000.00).
SO ORDERED.17
Hence, the instant appeal.
Issues
I.
Whether the marijuana plants seized from accused-appellant is admissible in evidence to prove
his guilt for the crime of violation of Section 16, Article II of R.A. No. 9165.
II.
Whether the prosecution was able to prove the guilt of accused-appellant beyond reasonable
doubt for the crime of violation of Section 16, Article II of R.A. No. 9165.
Our Ruling
Pertinent to the resolution of this case is the determination of whether the three pots
of marijuana plants seized from accused-appellant are admissible in evidence. Accused-appellant
contends that the marijuana plants were seized from him through an invalid warrantless search. He
asserts that there being no valid warrantless arrest, the subsequent warrantless search effected on
him was likewise unlawful.
The Office of the Solicitor General, on the other hand, maintains that the marijuana plants seized
from accused-appellant were products of a valid search incidental to a lawful warrantless arrest and
valid consented search.
Section 2, Article III of the 1987 Constitution mandates that search and seizure must be carried
out through or on the strength of a judicial warrant predicated upon the existence of probable cause,
absent which, such search and seizure becomes "unreasonable" within the meaning of the said
constitutional provision.18
To protect the people from unreasonable searches and seizures, Section 3 (2), Article III of the
1987 Constitution provides that evidence obtained from unreasonable searches and seizures shall
be inadmissible in evidence for any purpose in any proceeding.19 In other words, evidence obtained
and confiscated on the occasion of such an unreasonable search and seizure is tainted and should
be excluded for being the proverbial fruit of a poisonous tree.20
However, there are instances when a warrantless search is valid. The following are recognized
instances of permissible warrantless searches: (1) a warrantless search incidental to a lawful arrest;
(2) search of evidence in plain view; (3) search of a moving vehicle; (4) consented warrantless
searches; (5) customs search; (6) stop and frisk; and (7) exigent and emergency circumstances.21
The CA ruled that accused-appellant was arrested in flagrante delicto because he was holding a
pot planted with marijuana when the police officers saw him.
After a careful review of the evidence on record, the Court finds that the warrantless arrest was
unlawful. Consequently, the search effected on accused-appellant was also unlawful.
In a search incidental to a lawful arrest, the law requires that there must first be a lawful arrest
before a search can be made; the process cannot be reversed.22 Under Section 5, Rule 113 of the
Rules of Court, a warrantless arrest may be made under the following circumstances:
Section 5. Arrest without warrant; when lawful. — A peace officer or a private person may,
without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
(b) When an offense has just been committed, and he has probable cause to believe based on personal
knowledge of facts or circumstances that the person to be arrested has committed it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place
where he is serving final judgment or is temporarily confined while his case is pending, or has
escaped while being transferred from one confinement to another. (Emphasis supplied)
In warrantless arrest made pursuant to Section 5(a), two elements must concur: (1) the person
to be arrested must execute an overt act indicating that he has just committed, actually committing,
or is attempting to commit a crime; and (2) such overt act is done in the presence or within the view
of the arresting officer.23
In an arrest made in flagrante delicto, it is required that the apprehending officer must have been
spurred by probable cause to arrest a person caught. Probable cause refers to "such facts and
circumstances which would lead a reasonably discreet and prudent [person] to believe that an
offense has been committed by the person sought to be arrested."24
As explained in People v. Racho,25 a lawful arrest must precede or at least must be
substantially contemporaneous to the search made by a police officer provided there is probable
cause to arrest the offender, thus:
Recent jurisprudence holds that in searches incident to a lawful arrest, the arrest
must precede the search; generally, the process cannot be reversed. Nevertheless,
a search substantially contemporaneous with an arrest can precede the arrest if the
police have probable cause to make the arrest at the outset of the search. Thus,
given the factual milieu of the case, we have to determine whether the police officers
had probable cause to arrest appellant. Although probable cause eludes exact and
concrete definition, it ordinarily signifies a reasonable ground of suspicion supported
by circumstances sufficiently strong in themselves to warrant a cautious man to
believe that the person accused is guilty of the offense with which he is charged.26
The Court finds that accused-appellant's arrest could not be justified as an in flagrante
delicto arrest under Rule 113, Section 5(a) of the Rules of Court.
In this case, PO2 Tanay testified that they received a tip from a confidential informant
that marijuana plants could be found in the De Lima residence located in Santiago, Bato, Camarines
Sur. To verify the tip, the police officers proceeded to the De Lima residence and conducted a
surveillance where they observed the house from the roadside. According to PO2 Tanay, they were
positioned at a distance of ten meters from the house when they saw a man going downstairs
holding a potted plant. According to PO2 Tanay, since their confidential informant already told them
that the person had some marijuana plants, they already assumed that the potted plant
was marijuana. Thus, they called the man and instructed him to come down from the stairs and they
asked him about the plant he was carrying.27
Based on the foregoing, in effecting the warrantless arrest, the police officers relied solely on the
tip that they received from the confidential informant. It is settled that reliable information alone is
insufficient to support a warrantless arrest absent any overt act from the person to be arrested
indicating that a crime has just been committed, was being committed, or is about to be
committed.28
As stated above, when the police officers saw accused-appellant, he was simply going
downstairs while holding a potted plant. Accused-appellant was, at this moment, not committing a
crime and it was not even shown that he was about to do so or that he had just done so. What he
was doing was descending from the stairs, and there was no outward indication that called for his
arrest.
Also, the fact that accused-appellant was holding a pot, which the police suspected to be
a marijuana plant is not a justification to effect the warrantless arrest. The Court has held that a
reasonable suspicion is not synonymous with the personal knowledge required under Section 5(a) to
effect a valid warrantless arrest.29 The facts of the case clearly indicate that PO2 Tanay merely
assumed that the plant he saw in the pot being carried by accused-appellant was marijuana based
on the information relayed to them by their confidential informant. PO2 Tanay even admitted that
said information was the sole basis in arriving at his conclusion. Clearly, PO2 Tanay had no personal
knowledge as to the type of plant that accused-appellant was holding, to produce probable cause to
believe that the plant was indeed a marijuana plant.
Moreover, PO2 Tanay testified that they were positioned at a distance of 10 meters from the
house when they saw accused-appellant going downstairs holding a plant in a pot. At such a
distance, the police officers would not be able to discern as to the type of plant that accused-
appellant was holding. They cannot be said to be equipped with personal knowledge in the
commission of a crime. In Dominguez v. People,30 the search made by a police officer on the
accused, whom he had seen from a meter away holding a plastic sachet, was acquitted of the
charge of illegal possession of dangerous drugs, with this Court discussing as follows:
The circumstances as stated above do not give rise to a reasonable suspicion
that Dominguez was in possession of shabu. From a meter away, even with perfect
vision, SPO1 Parchaso would not have been able to identify with reasonable
accuracy the contents of the plastic sachet. Dominguez' acts of standing on the
street and holding a plastic sachet in his hands, are not by themselves sufficient to
incite suspicion of criminal activity or to create probable cause enough to justify a
warrantless arrest. In fact, SPO1 Parchaso's testimony reveals that before the arrest
was made, he only saw that Dominguez was holding a small plastic sachet. He was
unable to describe what said plastic sachet contained, if any. He only mentioned that
the plastic contained "pinaghihinalaang shabu" after he had already arrested
Dominguez and subsequently confiscated said plastic sachet[.]
xxxx
The present case is similar to People v. Villareal, where the Court held that the warrantless
arrest of the accused was unconstitutional, as simply holding something in one's hands cannot in
any way be considered as a criminal act:
On the basis of the foregoing testimony, the Court finds it inconceivable how
PO3 de Leon, even with his presumably perfect vision, would be able to identify with
reasonable accuracy, from a distance of about 8 to 10 meters while simultaneously
driving a motorcycle, a negligible and minuscule amount of powdery substance (0.03
gram) inside the plastic sachet allegedly held by appellant. That he had previously
effected numerous arrests, all involving shabu, is insufficient to create a conclusion
that what he purportedly saw in appellant's hands was indeed shabu.
Absent any other circumstance upon which to anchor a lawful arrest, no
other overt act could be properly attributed to appellant as to rouse suspicion
in the mind of PO3 de Leon that he (appellant) had just committed, was
committing, or was about to commit a crime, for the acts per se of walking
along the street and examining something in one's hands cannot in any way
be considered criminal acts. In fact, even if appellant had been exhibiting unusual
or strange acts, or at the very least appeared suspicious, the same would not have
been sufficient in order for PO3 de Leon to effect a lawful warrantless arrest under
paragraph (a) of Section 5, Rule 113.
xxxx
The prosecution failed to establish the conditions set forth in Section 5 (a), Rule 11362 of the
Rules of Court that: (a) the person to be arrested must execute an overt act indicating that he has
just committed, is actually committing, or is attempting to commit a crime; and (b) such overt act is
done in the presence or within the view of the arresting officer. As already discussed, standing on
the street and holding a plastic sachet in one's hands cannot in any way be considered as criminal
acts. Verily, it is not enough that the arresting officer had reasonable ground to believe that the
accused had just committed a crime; a crime must, in fact, have been committed first, which does
not obtain in this case.31 (Emphasis in the original, citations omitted)
Applying the principle herein, the police officers, who were at a distance of 10 meters away from
accused-appellant, cannot be said to have properly determined the nature of the plant that he was
holding was a marijuana plant. As it turned out, he was merely descending the stairs while holding a
plant. Without any circumstance presented by the prosecution, it is doubtful how the police officers
were able to recognize that the plant accused-appellant was carrying was a marijuana plant. It bears
noting that before resorting to a search incidental to a lawful arrest, the existence of a crime must
first be established. There being none, the search made on accused-appellant cannot be considered
as a valid warrantless search.
It bears emphasizing that the failure of accused-appellant to timely object to the illegality of his
arrest does not preclude him from questioning the admissibility of the evidence seized. "The
inadmissibility of the evidence is not affected when an accused fails to question the court's
jurisdiction over their person in a timely manner. Jurisdiction over the person of an accused and the
constitutional inadmissibility of evidence are separate and mutually exclusive consequences of an
illegal arrest."32
Neither can this Court consider the search conducted on the rooftop where they discovered two
more pots of marijuana plant as a valid consented search.
According to PO2 Tanay, they asked accused-appellant if they can go inside the house and the
latter allowed them to enter the house. Upon entering the house, they proceeded to the rooftop
where they discovered two more pots of marijuana plant.
This Court has held that the consent to a warrantless search and seizure must be "unequivocal,
specific, intelligently given, and unattended by duress or coercion.33 Mere passive conformity to the
warrantless search is only an implied acquiescence which does not amount to consent and that the
presence of a coercive environment negates the claim that [accused-appellant] therein consented to
the warrantless search."34
Here, an inquiry into the environment in which the consent was given shows that at that time,
accused-appellant was in the company of two police officers. Thus, it can be said that accused-
1a⍵⍴h!1
appellant act of allowing the police officers to enter the house was a mere passive conformity due
the presence of a coercive and intimidating environment. It should be noted also that PO2 Tanay
only asked if they could enter the house. However, there was no consent given to allow them to
search the premises of the house, like going to the rooftop where they discovered two more pots
of marijuana plant. Thus, assuming there is consent, accused-appellant consented only for them to
enter the house but not to search the entire premises of the house, specifically going to the rooftop
of the house.
Accordingly, there being no valid warrantless search under a search incidental to a lawful arrest
and a valid consented search, the marijuana plants seized from accused-appellant are rendered
inadmissible in evidence for being the proverbial fruit of the poisonous tree. As the
seized marijuana plants are the very corpus delicti of the crime charged, accused-appellant must be
acquitted and exonerated from criminal liability.
WHEREFORE, the appeal is GRANTED. The Decision of the Court of Appeals dated January
16, 2018 in CA-G.R. CR HC-No. 08654 is hereby REVERSED and SET ASIDE. Accused-appellant
Ronilo Jumarang y Mulingbayan is ACQUITTED in Criminal Case No. Ir-9174 for violation of Section
16 (Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof), Article II
of Republic Act No. 9165 otherwise known as the "Comprehensive Dangerous Drugs Act of 2002,"
and is ORDERED IMMEDIATELY RELEASED from detention unless he is being lawfully held for
another cause.
Let a copy of this Decision be furnished to the Director General of the Bureau of Corrections,
Muntinlupa City for immediate implementation. The Director is directed to report to this Court the
action taken within five (5) days from receipt of this Decision. Copies shall also be furnished to the
Police General of the Philippine National Police and the Director General of the Philippine Drug
Enforcement Agency for their information.
Let an entry of judgment be issued.
