Constitutional Law II Entrapment Case Digests

PEOPLE OF THE PHILIPPINES vs. DORIA

FACTS

Members of the PNP Narcotics Command received information that one Jun [Doria] was
engaged in illegal drug activities, so they decided to entrap and arrest him in a buy-bust
operation. He was arrested. They frisked him but did not find the marked bills on him, and upon
inquiry, he revealed that he left it at the house of his associate Neneth [Gaddao], so he led
the police team to her house.

The team found the door open and a woman inside the house. Jun identified her as
Neneth, and she was asked by SPO1 Badua about the marked money as PO3 Manlangit looked
over her house [he was still outside the house]. Standing by the door, PO3 Manlangit noticed a
carton box under the dining table. One of the box s flaps was open, and inside it was something
wrapped in plastic, and it appeared similar to the marijuana earlier sold to him by Jun. His
suspicion aroused, so he entered the house and took hold of the box. He peeked inside the box
and saw 10 bricks of what appeared to be dried marijuana leaves. SPO1 Badua recovered the
marked bills from Neneth and they arrested her. The bricks were examined and they were
found to be dried marijuana leaves.

Florencio Doria and Violeta Gaddao were charged with violation of RA 6425 [Dangerous
Drugs Act of 1972], Section 4 [Sale, Administration, Delivery, Distribution and Transportation of
Prohibited Drugs] in relation to Section 21 [Attempt and Conspiracy]. RTC convicted them.

ISSUE AND HOLDING

WON RTC correctly found that the box of marijuana was in plain view, making its warrantless
seizure valid. NO

RATIO

Re: warrantless arrest

Gaddao s warrantless arrest was illegal because she was arrested solely on the basis of the
alleged identification made by Doria. Doria did not point to her as his associate in the drug
business, but as the person with whom he left the marked bills. This identification does not
necessarily mean that Gaddao conspired with Doria in pushing drugs. If there is no showing that
the person who effected the warrantless arrest had knowledge of facts implicating the person
arrested to the perpetration of the criminal offense, the arrest is legally objectionable.

Since the warrantless arrest of Gaddao was illegal, the search of her person and home
and the subsequent seizure of the marked bills and marijuana cannot be deemed legal as an
incident to her arrest.

Plain view issue

Objects falling in plain view of an officer who has a right to be in the position to have that view
are subject to seizure even without a search warrant and may be introduced in evidence.

Requisites

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Constitutional Law II Entrapment Case Digests
The law enforcement officer in search of the evidence has a prior justification for an intrusion or
is in a position from which he can view a particular area

The discovery of the evidence in plain view is inadvertent

It is immediately apparent to the officer that the item he observes may be evidence of a crime,
contraband or otherwise subject to seizure

An object is in plain view if the object itself is plainly exposed to sight. The difficulty arises when
the object is inside a closed container. Where the object seized was inside a closed package, the
object itself is not in plain view and therefore cannot be seized without a warrant. If the package
is such that an experienced observer could infer from its appearance that it contains the
prohibited article, then the article is deemed in plain view. It must be immediately apparent to
the police that the items that they observe may be evidence of a crime, contraband or otherwise
subject to seizure.

In his direct examination, PO3 Manlangit said that he was sure that the contents of the box were
marijuana because he himself checked and marked the said contents. On cross-examination,
however, he admitted that he merely presumed the contents to be marijuana because it had the
same plastic wrapping as the buy-bust marijuana. Each of the ten bricks of marijuana in the
box was individually wrapped in old newspaper and placed inside plastic bags white, pink or
blue in color. PO3 Manlangit himself admitted on cross-examination that the contents of the box
could be items other than marijuana. He did not know exactly what the box contained that he
had to ask appellant Gaddao about its contents. It was not immediately apparent to PO3
Manlangit that the content of the box was marijuana; hence, it was not in plain view and its
seizure without the requisite search warrant was in violation of the law and the Constitution. It
was fruit of the poisonous tree and should have been excluded and never considered by the trial
court.

The fact that the box containing about 6 kilos of marijuana was found in Gaddao s house Gaddao
does not justify a finding that she herself is guilty of the crime charged.

In a prosecution for illegal sale of dangerous drugs, what is material is the submission of proof
that the sale took place between the poseur-buyer and the seller and the presentation of the
drug as evidence in court.

Prosecution established the fact that in consideration of the P1,600.00 he received, Doria sold
and delivered 970 grams of marijuana to PO3 Manlangit, the poseur-buyer

Prosecution failed to prove that Gaddao conspired with accused-appellant Doria in the sale of
said drug

DORIA SENTENCED TO SUFFER RECLUSION PERPETUA + 500K FINE

GADDAO ACQUITTED