GR 188611; (June, 2010) (Digest)
G.R. No. 188611 ; June 16, 2010
PEOPLE OF THE PHILIPPINES, Appellee, vs. BELEN MARIACOS, Appellant.
FACTS
Appellant Belen Mariacos was charged with violating Section 5, Article II of R.A. 9165 for transporting 7,030.3 grams of dried marijuana. The prosecution evidence established that on October 27, 2005, PO2 Pallayoc, acting on a tip, boarded a jeepney in San Gabriel, La Union, and found a black backpack containing marijuana bricks. Upon reaching the poblacion, he saw two women carrying away the bag and other luggage. He arrested one of them, Mariacos, after the other escaped. The bags were opened in the presence of the mayor, revealing marijuana, which later tested positive.
The defense presented a different narrative. Mariacos testified that a neighbor, Bennie Lao-ang, merely requested her to carry the bags from the jeepney. She claimed ignorance of their contents and asserted she was not the owner. Lao-ang fled upon arrival, and she was subsequently arrested. She argued the search of the bag was unlawful and that the prosecution failed to prove her guilt beyond reasonable doubt.
ISSUE
The core issue is whether the warrantless search and seizure were valid and if the prosecution successfully proved Mariacos’s guilt for illegal transport of dangerous drugs.
RULING
The Supreme Court affirmed the conviction. The warrantless search was justified under the stop-and-frisk principle and as a search of a moving vehicle. PO2 Pallayoc acted upon a specific tip from a confidential informant about the transport of marijuana via a particular jeepney. His initial inspection of the bag, which was in plain view on top of the vehicle, was a valid limited search to verify the tip. Upon confirming the presence of marijuana, he had probable cause to arrest Mariacos, who was caught in flagrante delicto carrying the bag. The subsequent seizure was thus incidental to a lawful arrest.
The Court rejected Mariacos’s defense of denial and frame-up. Her claim of being an unwitting carrier was belied by the circumstances, including her possession and immediate control of the bags containing a substantial quantity of marijuana. Possession, under the law, includes constructive possession and control. The prosecution established an unbroken chain of custody, and her guilt was proven beyond reasonable doubt. The penalty of life imprisonment and a fine of P500,000.00 was upheld.