G.R. No. 125299 , January 22, 1999.
People of the Philippines, plaintiff-appellee, vs. Florencio Doria y Bolado and Violeta Gaddao y Catama @ “Neneth,” accused-appellants.

FACTS

Accused-appellants Florencio Doria and Violeta Gaddao were charged with violating the Dangerous Drugs Act for selling 7,641.08 grams of marijuana. The prosecution’s case stemmed from a buy-bust operation on December 5, 1995. Police, acting on a tip about “Jun” (Doria), arranged a purchase. PO3 Celso Manlangit acted as poseur-buyer and gave Doria marked money for one kilo of marijuana. Doria left and returned with one brick of marijuana, after which he was arrested. Upon interrogation, Doria stated he left the money at his associate “Neneth’s” (Gaddao’s) house. The police team proceeded to Gaddao’s house, found the door open, and saw a woman inside whom Doria identified as his associate. SPO1 Edmund Badua recovered the marked bills from Gaddao. Meanwhile, PO3 Manlangit, standing by the door, noticed an open carton box under the dining table containing plastic-wrapped bricks similar to the one from Doria. He entered, seized the box, and found ten more bricks of suspected marijuana. Both accused were arrested. Laboratory examination confirmed all eleven bricks were marijuana. The accused presented a different version. Doria claimed he was arbitrarily taken from his house by men looking for “Totoy” and was brought to Gaddao’s house where the police allegedly discovered the box. Gaddao testified she was fetching water when forcibly taken to her house, where she first saw the box, and denied any knowledge of its contents or the marked money. The Regional Trial Court convicted both and, finding the existence of an organized crime group, imposed the death penalty and a fine.

ISSUE

The primary issue is whether the warrantless search of Violeta Gaddao’s house and the seizure of the ten bricks of marijuana were valid under the plain view doctrine, and consequently, whether the evidence obtained is admissible against her.

RULING

The Supreme Court modified the decision. The warrantless search of Gaddao’s house and the seizure of the ten bricks of marijuana were declared invalid. The marijuana bricks were not in “plain view” for seizure without a warrant. PO3 Manlangit testified he saw the box under the table with one flap open, and the contents were wrapped in plastic. He could not have immediately ascertained the contents as illegal from his vantage point at the door. The object’s identity as marijuana was not immediately apparent; he had to enter the house, approach the box, and look inside to confirm his suspicion. This constituted an unlawful search. Therefore, the ten bricks of marijuana seized from Gaddao’s house are inadmissible as evidence against her. Her conviction is reversed, and she is acquitted on reasonable doubt. However, the conviction of Florencio Doria for the sale of the one brick of marijuana (970 grams) is affirmed. The finding of an organized/syndicated crime group is invalidated as the prosecution failed to prove its existence beyond reasonable doubt. The penalty for Doria is reduced to reclusion perpetua, and the fine is set at P500,000.00.