Del Castillo Case Rule 115
Del Castillo Case Rule 115
Del Castillo Case Rule 115
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* THIRD DIVISION.
431
432
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PERALTA, J.:
For this Court’s consideration is the Petition for Review1
on Certiorari under Rule 45 of Ruben del Castillo assailing
the Decision2 dated July 31, 2006 and Resolution3 dated
December 13, 2007 of the Court of Appeals (CA) in CA-G.R.
CR No. 27819, which affirmed the Decision4 dated March
14, 2003 of the Regional Trial Court (RTC), Branch 12,
Cebu, in Criminal Case No. CBU-46291, finding petitioner
guilty beyond reasonable doubt of violation of Section 16,
Article III of Republic Act (R.A.) 6425.
The facts, as culled from the records, are the following:
Pursuant to a confidential information that petitioner
was engaged in selling shabu, police officers headed by
SPO3 Bienvenido Masnayon, after conducting surveillance
and test-buy operation at the house of petitioner, secured a
search warrant from the RTC and around 3 o’clock in the
afternoon of September 13, 1997, the same police
operatives went to Gil Tudtud St., Mabolo, Cebu City to
serve the search warrant to petitioner.
Upon arrival, somebody shouted “raid,” which prompted
them to immediately disembark from the jeep they were
riding and went directly to petitioner’s house and cordoned
it. The structure of the petitioner’s residence is a two-storey
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1 Dated August 23, 2008, Rollo, pp. 32-44.
2 Penned by Associate Justice Marlene Gonzales-Sison, with Associate
Justices Pampio A. Abarintos and Priscilla Baltazar-Padilla, concurring;
id., at pp. 54-70.
3 Dated August 23, 2008, id., at pp. 71-72.
4 Penned by Presiding Judge Aproniano B. Taypin; id., at pp. 45-53.
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cause he and his men were not familiar with the entrances
and exits of the place.
They all went back to the residence of the petitioner and
closely guarded the place where the subject ran for cover.
SPO3 Masnayon requested his men to get a barangay
tanod and a few minutes thereafter, his men returned with
two barangay tanods.
In the presence of the barangay tanod, Nelson
Gonzalado, and the elder sister of petitioner named Dolly
del Castillo, searched the house of petitioner including the
nipa hut where the petitioner allegedly ran for cover. His
men who searched the residence of the petitioner found
nothing, but one of the barangay tanods was able to
confiscate from the nipa hut several articles, including four
(4) plastic packs containing white crystalline substance.
Consequently, the articles that were confiscated were sent
to the PNP Crime Laboratory for examination. The
contents of the four (4) heat-sealed transparent plastic
packs were subjected to laboratory examination, the result
of which proved positive for the presence of
methamphetamine hydrochloride, or shabu.
Thus, an Information was filed before the RTC against
petitioner, charging him with violation of Section 16,
Article III of R.A. 6425, as amended. The Information5
reads:
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5 Records, pp. 1-2.
6 Id., at p. 1.
7 Id., at p. 57.
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8 Id., at p. 254.
436
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9 Rollo, p. 70.
10 Id., at p. 37.
437
I
SEARCH WARRANT No. 570-9-11-97-24 issued by Executive
Judge Priscilla S. Agana of Branch 24, Regional Trial Court of
Cebu City is valid.
II
The four (4) packs of shabu seized inside the shop of petitioner are
admissible in evidence against him.
III
The Court of Appeals did not err in finding him guilty of illegal
possession of prohibited drugs.11
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11 Id., at pp. 98-103.
438
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12 Abuan v. People, G.R. No. 168773, October 27, 2006, 505 SCRA 799,
822, citing People v. Francisco, G.R. No. 129035, August 22, 2002, 387
SCRA 569, 575.
13 Santos v. Pryce Gases, Inc., G.R. No. 165122, November 23, 2007,
538 SCRA 474, 484, citing Columbia Pictures, Inc. v. Court of Appeals, 329
Phil. 875, 903; 261 SCRA 144, 164 (1996).
14 Id., citing Sarigumba v. Sandiganbayan, G.R. Nos. 154239-41,
February 16, 2005, 451 SCRA 533, 550.
439
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15 Abuan v. People, supra note 12, citing People v. Tampis, 467 Phil.
582, 590; 407 SCRA 582, 590 (2003); Massachusetts v. Upton, 466 US 727,
104 S.Ct. 2085 (1984).
16 Id., citing US v. Canan, 48 F.3d 954 (1995).
17 People v. Estela Tuan, G.R. No. 176066, August 11, 2011, 628 SCRA
226.
18 Id. citing People v. Tee, 443 Phil. 521, 540; 395 SCRA 419, 437-438
(2003).
19 People v. Tee, supra.
20 Records, p. 114.
440
441
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442
443
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23 TSN, May 12, 1999, pp. 3-4. (Emphasis supplied.)
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24 People v. Baygar, 376 Phil. 466, 473; 318 SCRA 358, 365 (1999).
25 People v. Matito, 468 Phil. 14, 24; 423 SCRA 617, 625 (2004).
26 Quelnan v. People, G.R. No. 166061, July 6, 2007, 526 SCRA 653, 662, citing
Abuan v. People, supra note 12, and People v. Torres, G.R. No. 170837, September
12, 2006, 501 SCRA 591, 610.
27 G.R. No. 139615, May 28, 2004, 430 SCRA 134.
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28 Id. at 151-152.
29 People v. Del Castillo, G.R. No. 153254, September 30, 2004, 439
SCRA 601, 613-614, citing People v. Dichoso, G.R. Nos. 101216-18, June 4,
1993, 223 SCRA 174, 191, citing Burgos v. Chief of Staff, 133 SCRA 800
(1984).
30 People v. Tira, supra note 27.
31 Rollo, p. 65.
32 TSN, July 16, 1998, pp. 7-9; TSN, February 4, 1999, pp. 5-6.
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33 TSN, May 12, 1999, pp. 3-4.
34 TSN, July 16, 1998, p. 15.
35 See People v. Tira, supra note 27.
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36 People v. Sanchez, G.R. No. 175832, October 15, 2008, 569 SCRA
194, 207, citing Article III (Bill of Rights), Section 14(2) of the 1987
Constitution which reads: In all criminal prosecutions, the accused shall
be presumed innocent until the contrary is proved, and shall enjoy the
right to be heard by himself and counsel, to be informed of the nature and
cause of the accusation against him, to have a speedy, impartial, and
public trial, to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witnesses and production of evidence
in his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided that he has been
duly notified and his failure to appear is unjustifiable.
37 People v. Villanueva, G.R. No. 131773, February 13, 2002, 376 SCRA
615, 637, citing People v. Gomez, G.R. No. 101817, March 26, 1997, 270
SCRA 432, 444.
** Designated as an additional member in lieu of Associate Justice
Roberto A. Abad, per Special Order No. 1178 dated January 26, 2012.
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