G.R. No. 228107, October 09, 2019
Gregorio Telen y Ichon, Petitioner, vs. People of the Philippines, Respondent.

FACTS

On October 7, 2012, PO3 Marck Andrew M. Mazo was at a gasoline station in Makati City. While waiting in line behind petitioner Gregorio Telen y Ichon, who was fueling his motorcycle, PO3 Mazo saw Telen pull out his wallet, causing his shirt to lift and reveal a metal part of what appeared to be a hand grenade tucked in his waistband. PO3 Mazo reported this to his superior and tailed Telen to Robinsons Galleria in Pasig City. After backup arrived, PO3 Mazo approached Telen at the parking area, placed an arm around his shoulder, patted his right waist, introduced himself as a police officer, and retrieved the hand grenade. He then arrested Telen, frisked him, and recovered three plastic sachets containing white crystalline substance. The seized items were marked, inventoried, and photographed in the presence of Telen and a media representative. Laboratory examination confirmed the substance was methamphetamine hydrochloride (shabu). Telen was charged with illegal possession of dangerous drugs under Republic Act No. 9165. He pleaded not guilty, claiming he was arbitrarily arrested by men in civilian clothes, mauled, and detained after failing to produce a demanded sum of money. The Regional Trial Court found him guilty, ruling the warrantless arrest and incidental search were lawful as he was caught in flagrante delicto possessing a hand grenade. The Court of Appeals affirmed the conviction. Telen filed a Petition for Review on Certiorari, arguing his arrest was illegal and the prosecution failed to comply with the chain of custody requirements under Section 21 of RA 9165.

ISSUE

Whether or not the warrantless search made upon petitioner Gregorio Telen y Ichon was unlawful and, consequently, the illegal drugs confiscated from him inadmissible in evidence.

RULING

The Supreme Court granted the petition and reversed the decisions of the lower courts. The warrantless search and seizure were declared unlawful. The Court held that the “stop and frisk” conducted by PO3 Mazo was not based on reasonable suspicion. Merely seeing a metal object resembling a hand grenade tucked in a waistband, without more, did not constitute sufficient ground to believe that Telen was committing a crime at that moment. The totality of circumstances did not justify a warrantless intrusion. Since the initial “stop and frisk” was invalid, the subsequent arrest for possession of a hand grenade and the search incidental thereto were also illegal. Consequently, the shabu seized during the unlawful search was inadmissible as evidence under the constitutional exclusionary rule. The Court emphasized that for a “stop and frisk” to be valid, it must be based on specific, articulable facts that, taken together with rational inferences, lead a reasonably prudent officer to suspect that a person is committing, has committed, or is about to commit a crime. The prosecution’s failure to prove the legality of the warrantless arrest and search rendered the seized items inadmissible, leading to Telen’s acquittal on reasonable doubt.