PEOPLE V.

VALDEZ
G.R. 129296
September 25, 2000

Facts: The accused Abe Valdez y Dela Cruz, was allegedly caught in flagrante delicto
and without authority of the law, planting, cultivating and culturing 7 fully
grown marijuana plants known as Indian Hemp in which dangerous drugs maybe
manufactured or derived. He was then charged of violating Section
9 of the Dangerous Drugs Act of 1972 (RA No. 6425) as amended by RA
No. 7659. With the assistance of a counsel, he was arraigned and pleaded
not guilty to the charge. Trial on the merits ensued.

SPO3 Marcelo Tipay, SPO2 Noel Libunao, SPO2 Pedro Morales, SPO1 Romulo
Tobias and PO2 Alfelmer Balut, were presented as witnesses in the
prosecution. They all testified how the information was recived, the
commencement of their operation and the details as to the instruction of
Inspector Parungao. Based on the information, they found the accused in his
nipa hut and proceeded to look around the area where the accused had his
kaingin. They found 7 five-foot marijuana plants in two rows, 25 meters away
from his nipa hut. The accused admitted that he owned the plants when
asked by the police officers. Seven marijuana plants were then uprooted
and photos of accused standing beside the cannabis plants were taken. He was
arrested thereafter. The Philippine National Police Crime Laboratory took
possession of the said plants for analysis. A certification secured by the prosecution
from the Department of Environment and Natural Resources that the land
cultivated by the accused where the growing marijuana plants were found
was part of the public domain. The accused acknowledged himself as an
occupant of the lot in said certification.

The accused was presented as the sole witness, on the part of the defense. Based
on his testimony, he was weeding his vegetable farm when he was called
by a person he does not know or unidentified. Said person asked him to go with
him to see something. The unknown person brought him to the place where the
marijuana plants were found, 100 meters away from his nipa hut. The five
armed policemen made him stand in front of the hemp plants. He was asked
about his knowledge of the growing marijuana plants. He denied such and
SPO2 Libunao poked a fist at him and compelled him to admit the
ownership of the plants. Due to being afraid and nervous, he eventually admitted
the ownership of the marijuana. He was then brought to Villaverde police
station. In there, the accused reiterated about his innocence about the marijuana
plants seized by the police. The accused contended then that there was an
unlawful search. The records show that the law enforcers had more than ample
time to secure a search warrant. And since the marijuana plants were found in an
unfenced lot, it does not get rid of the accused from the mantle of
protection against unreasonable searches and seizures. It is the immunity of a person
to have the right against unreasonable searches and seizures. This includes his
residence, his papers and other possessions.
Issue: Whether or not the search and seizure of the marijuana plants is lawful and the
seized evidence admissible

Ruling: No. The confiscated plants were clearly obtained during an illegal search and s
seizure. Said plants cannot be used as evidence against the accused, being
the products of an unlawful search and seizure. They are considered fruits of a
poisoned tree. There was no search warrant issued by a judge after
personal determination of the existence of a probable cause since the police
had an ample time to obtain said warrant. The protection against unreasonable
searches and seizures extended by the Bill of Rights covers both innocent and
guilty alike against law enforces, disregarding the praiseworthiness of their
intentions.