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Case Digest - Drugs

Emiliano Baterina was stopped at a checkpoint and marijuana was found in his vehicle. He claimed he was transporting a sick child to the hospital. The Court of Appeals and Supreme Court affirmed his conviction for illegal transportation of marijuana. They found the search of his vehicle was valid under the motor vehicle exception. The police smelled marijuana and saw bricks in bags. The chain of custody was also intact. Baterina was sentenced to life imprisonment and a fine of 500,000 pesos.

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Maria Floreza Hinay
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65 views

Case Digest - Drugs

Emiliano Baterina was stopped at a checkpoint and marijuana was found in his vehicle. He claimed he was transporting a sick child to the hospital. The Court of Appeals and Supreme Court affirmed his conviction for illegal transportation of marijuana. They found the search of his vehicle was valid under the motor vehicle exception. The police smelled marijuana and saw bricks in bags. The chain of custody was also intact. Baterina was sentenced to life imprisonment and a fine of 500,000 pesos.

Uploaded by

Maria Floreza Hinay
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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[ G.R. No.

236259, September 16, 2020 ]

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. EMILIANO BATERINA


Y CABADING, ACCUSED-APPELLANT.

Facts of the Case


On August 2, 2010, the San Gabriel Police together with PSI Soria put a checkpoint at
Sitio Quilat, Barangay Bumbuneg, San Gabriel, La Union after PSI Soria received a text
message from a concerned citizen that men and women on board a jeep were
transporting a large volume of marijuana leaves; In the evening of August 2, 2010,
appellant drove his owner-type jeep from his residence to Balballayang, San Gabriel La
Union to fetch Puklis who asked for his help to bring her sick child to the hospital;
Puklis, Dayao, and Pakoyan boarded appellant's vehicle for the purpose of bringing the
child to the hospital; En route the hospital early morning of the next day, they were
flagged down as they reached the checkpoint at Sitio Quilat, Barangay Bumbuneg, San
Gabriel, La Union; PSI Soria approached appellant, Puklis, Dayao, and Pakoyan and
asked them to alight from the vehicle; When he proceeded to the back of the owner-
type jeepney, he readily smelled the distinctive odor of marijuana leaves; PSI Soria
instantly saw one slightly opened bag inside; When he looked inside the bag, he saw
marijuana bricks wrapped with a yellow tape; This led the police officers to do a
thorough search of appellant's owner-type jeep which yielded four more plastic bags
containing marijuana bricks.
Issue

Did the Court of Appeals err when it affirmed appellant's conviction for violation of
Section 5, Article II of RA 9165 specifically illegal transporting of forty-eight thousand
five hundred sixty-five point sixty-eight (48,565.68) grams of marijuana?

Rulings of the Court


By Decision dated May 12, 2017, the Court of Appeals affirmed. It held that the
constitutional proscription against warrantless searches and seizures admits of certain
exceptions, i.e., where the search and seizure happened in a moving vehicle. The
police officers here had probable cause to search appellant's vehicle which upon
inspection, emitted the odor of marijuana. They in fact readily confirmed that marijuana
bricks were inside the vehicle. The search was valid and so was appellant's
arrest. Besides, it was too late in the day to raise the issue against the legality of his
arrest. Finally, the chain of custody was likewise shown to have not been breached.
Decision
ACCORDINGLY, the appeal is DISMISSED and the Decision dated May 12, 2017 of
the Court of Appeals in CA-G.R. CR HC No. 07617, AFFIRMED. Appellant Emiliano
Baterina y Cabading is found GUILTY of illegal transporting of forty-eight thousand five
hundred sixty-five point sixty-eight (48,565.68) grams of marijuana, a dangerous drug
as defined and penalized under Section 5, Article II of Republic Act No. 9165, otherwise
known as the Comprehensive Dangerous Drugs Act of 2002. He is sentenced to
LIFE IMPRISONMENT and ordered to pay a FINE of P500,000.00.

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