People v.

Dequina (De Castro, 2011)

Facts:
Charged with violation of RA 6425
o Nelida Dequina
o Joselito Jundoc
o Nora Jungabo
1999 Sep 29, 6AM C/Insp Sapitula instructed PO3 Masanggue and SPO1
Blanco to go to:
o Corner of Juan Luna and Raxabago Sts., Tondo, Manila
o 3 persons, 1 male, 2 female, come from Baguio, deliver MJ to Manila
Pier, ferried to Iloilo
9 AM Taxi Cab arrived along Raxabago street, dropped off 3 persons with
black travel bag
o Policemen followed the trio walkathon Dequina noticed
o Dequina tried to run away, dropped the bag zipper gave way
o Policemen inspected Jingabo and Jundoc, same content
o Trio apprehended, brought to Ospital ng Maynila Dequina request to
make call, denied
WPD HQ
o Testified
o SPO1 admitted that he, Spitula and Masanggue along with 3 accused
were photographed by media, sari-sari at the back
Narcotics Unit
o Three bags confirmed MJ
Dequina = 11 bricks dried leaves, 10.915 kg
Jundoc = 11 bricks dried leaves, 11.010 kg
Jingabo = 11 bricks flowering tops, 11.070 kg
RTC: Illegal transport of MJ, RP, 500k
CA: Affirmed.
Issue:
o Accused
Arrest and search was without warrant, thus illegal
Dequina under impulse of uncontrollable fear, Jundoc and
Jingabo accommodating childhood friend
We were blocked by police at the pier, not the corner of Juan
Luna and Raxabago
There was no passing by a sari-sari store
o People
Arrest was lawful, because they are already committing a crime
Search after lawful arrest is lawful
Accused did not refute that they were transporting MJ
Held:
o It was only when the bags were opened when trio was apprehended
o Exceptions to proscription against warrantless search:
Incidental to lawful arrest (ROC 126, Sec 12)
Seizure of evidence in plain view
 Search of moving vehicle
Consented warrantless search
Customs search
Stop and frisk
Exigent and emergency circumstances
o Peaceofficer allowed
Has committed, actually committing, or is attempting
Has just been committed, has personal knowledge
Prisoner escaped from penal establishment serving final
judgment or temporarily while pending or while being
transferred
o Transport = to carry or convey from one place to another
Accused caught in flagrante carrying MJ
Accused did not protest that they were carrying MJ
o Sally calls the shots why would Dequina stay with aunt?
o Threat to Dequinas daughter unclear (Sally will take care of her, but
daughter is in Manila?)
o Testimony on how the MJ were transported were very clear
o Conspiracy was attendant (they were all together from Iloilo, Manila,
Dau, and back to Manila)
o Republic Act 7659 Sec 4 penalty imposable is RP > Death, 500K >
10M pesos if MJ > 750g
They were carrying 32,995g total
DENIED