The Supreme Court acquitted four men charged with illegal possession of a hand grenade, ruling that the warrantless search of their vehicle was invalid and the explosive device recovered was inadmissible in evidence. The Court granted the appeal and reversed the Court of Appeals decision that had convicted them.
The accused-appellants—Ryan Dabodab y Tandagan, Rex Alvarez y Bucalan, Jonas Daguyen y Guyon, and James Agyenan y Bansol—were acquitted on the ground of reasonable doubt and ordered immediately released from custody unless held for some other lawful cause.
The Case
The case arose from an Information dated February 11, 2014, charging the accused with carrying, possessing, and having in their custody one hand grenade without any permit, license, or authority, in violation of Presidential Decree No. 1866, as amended by Republic Act No. 9516, in Criminal Case No. 2573 before the Regional Trial Court.
On February 10, 2014, Senior Superintendent Harris Reyes Fama relayed a report about five members of the so-called "Acetylene gang" to Police Senior Inspector Marvin Pedere of the Sorsogon Provincial Office of the PNP-CIDG. The suspects were reportedly involved in a pawnshop robbery in General Santos City on February 8, 2014, and were expected to pass through the Matnog port area in Barangay Caloocan, Municipality of Matnog, Sorsogon, as part of their escape route to Baguio City. They were said to be traveling in a red-orange vehicle bearing Plate No. WJW-253.
PSINSP Pedere directed PSINSP Romeo Gallinera, chief of police of the Matnog Municipal Police Station, to monitor and apprehend the gang. The Matnog MPS coordinated with the Philippine Ports Authority, the Philippine Coast Guard, the Philippine Army, and employees of the Sorsogon Terminals & Arrastre Services Corporation (STASCO).
Around 3:45 a.m. on February 11, 2014, STASCO port supervisor Arnulfo Cariso informed police that the vehicle—an Isuzu Trooper—had arrived aboard MV Don Benito ferry. As it disembarked, officers flagged it down, but four occupants exited and fled on foot, leaving the driver behind. Three were apprehended, while one evaded arrest. The suspects were brought to Matnog MPS, located about 50 meters from the port, and the Isuzu Trooper was driven by PO2 Rapatan to the station and cordoned off.
Later, at 8 o'clock in the morning, PSINSP Pedere and CIDG members arrived. After a case conference, police searched the Isuzu Trooper and discovered one hand fragmentation grenade and one smoke grenade concealed beneath the front seat, along with cellular phones and cash amounting to PHP 62,712.00.
The Issue
The Court addressed whether the warrantless search of the Isuzu Trooper could be justified as an incident to a lawful arrest, and whether the explosive device recovered was admissible in evidence.
The Ruling
The Court held that the search transcended the parameters of validity. Testimony showed that no search took place at the time and place the accused were intercepted—officers conducted only a body frisk. PO2 Azul testified that the search was conducted only after the conference between the CIDG and Matnog MPS personnel at the station, hours later.
The Court found that the search was by no means incidental, nor conducted at the place of arrest. The considerable lapse of time, combined with the physical distance between the arrest and the search, militated against any claim that it was incidental to a lawful arrest. The Court concluded that the arrest, premised on the fruits of the unlawful search, was likewise invalid, and the explosive device was inadmissible.
The Court's disposition read: "ACCORDINGLY, the Appeal is GRANTED. The March 25, 2019 Decision of the Court of Appeals in CA-G.R. CR-HC No. 10495 is REVERSED and SET ASIDE." The four accused-appellants were "ACQUITTED of the crime charged on the ground of reasonable doubt" and "ORDERED IMMEDIATELY RELEASED from custody unless they are confined for some other lawful cause."
By the Numbers
- G.R. No. 248050
- Information dated February 11, 2014
- Robbery reportedly on February 8, 2014, in General Santos City
- Arrest around 3:45 a.m. on February 11, 2014
- Plate No. WJW-253
- PHP 62,712.00 cash recovered
- Vehicle cordoned and in exclusive police custody for at least five hours
- March 25, 2019 Court of Appeals Decision, CA-G.R. CR-HC No. 10495
- Criminal Case No. 2573
The Court's Reasoning
The Court found the circumstances surrounding the arrest and search decidedly suspect. The warrantless search of the Isuzu Trooper could not be justified as incident to a lawful arrest because it clearly preceded any such arrest. The Court observed that, having no cause to arrest the accused when intercepted at the port, the police operatives resolved to create one by conducting an irregular search nearly five hours later and far removed from the place of apprehension.
The Court noted that the vehicle and its keys were turned over to PO2 Rapatan, who drove it alone to the station without any passenger or witness, after which it remained in the exclusive custody of police for at least five hours. In the interval between the arrest and search, the Isuzu Trooper could no longer be regarded as an area within the accused's immediate control.
The Court further stated that the CIDG had ample opportunity to act within the bounds of the law, having conducted a thorough investigation that yielded information about the getaway vehicle and escape route. The government agents had more than sufficient time and information to obtain the necessary warrants, and their failure to do so was inexcusable. Deprived of competent evidence, the accused had to be acquitted.
Source: Supreme Court Decision, G.R. No. 248050.
This report summarizes a public Supreme Court decision and is not legal advice.