G.R. No.

227038

JEFFREY MIGUEL y REMEGIO, Petitioner

DECISION

PERLAS-BERNABE, J.:

Assailed in this petition for review on certiorari  are the Decision  dated October 21, 2015 and the
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Resolution  dated September 5, 2016 of the Court of Appeals (CA) in CA-G.R. CR No. 35318, which
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affirmed the Decision  dated October 1, 2012 of the Regional Trial Court of Makati City, Branch 64
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(RTC) in Criminal Case No. 10-912 convicting petitioner Jeffrey Miguel y Remegio (petitioner) of the
crime of illegal possession of dangerous drugs.

The Facts

On May 27, 2010, an Information  was filed before the RTC charging petitioner of illegal possession
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of dangerous drugs, defined and penalized under Section 11, Article II of Republic Act No. (RA)
9165,  otherwise known as the "Comprehensive Dangerous Drugs Act of 2002," the accusatory
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portion of which reads:

On the 24111 day of May 2010, in the city of Makati, the Philippines, accused, not being lawfully
authorized to possess any dangerous drug and without the corresponding license or prescription, did
then and there willfully, unlawfully and feloniously have in his possession, control, and custody a
total of one point ten (1.10) grams of dried Marijuana leaves, a dangerous drug.

CONTRARY TO LAW. 7

The prosecution alleged that at around 12:45 in the morning of May 24, 2010, a Bantay
Bayan operative of Barangay San Antonio Village, Makati City named Reynaldo Bahoyo (BB
Bahoyo) was doing his rounds when he purportedly received a report of a man showing off his
private parts at Kaong Street. BB Bahoyo and fellow Bantay Bayan operative Mark Anthony
Velasquez (BB Velasquez) then went to the said street and saw a visibly intoxicated person, which
they later identified as herein petitioner, urinating and displaying his private parts while standing in
front of a gate enclosing an empty lot. BB Bahoyo and BB Velasquez approached petitioner and
asked him where he lived, and the latter answered Kaong Street. BB Bahoyo then said that he also
lived in the same street but petitioner looked unfamiliar to him, so he asked for an identification card,
but petitioner failed to produce one. BB Velasquez then repeated the request for an identification
card, but instead, petitioner emptied his pockets, revealing a pack of cigarettes containing one (1)
stick of cigarette and two (2) pieces of rolled paper containing dried marijuana leaves, among others.
This prompted BB Bahoyo and BB Velasquez to seize the foregoing items, take petitioner to the
police station, and turn him, as well as the seized items, over to SP03 Rafael Castillo (SPO3
Castillo). SP03 Castillo then inventoried, marked, and photographed the seized items, all in the
presence of BB Bahoyo and BB Velasquez, and thereafter, prepared an inventory report and a
request for qualitative examination of the seized two (2) pieces of rolled paper and for petitioner to
undergo drug testing. After examination, it was confirmed that the aforesaid rolled paper contained
marijuana and that petitioner was positive for the presence of methamphetamine but negative for
THC-metabolites, both dangerous drugs. 8
Petitioner pleaded not guilty to the charge, and thereafter, presented a different version of the facts.
According to him, he was just urinating in front of his workplace when two (2) Bantay
Bayan operatives, i.e., BB Bahoyo and BB Velasquez, approached and asked him where he lived.
Upon responding that he lived in Kaong Street, BB Bahoyo and BB Velasquez then frisked him, took
away his belongings, and thereafter, handcuffed and brought him to the barangay hall. He was then
detained for about an hour before being taken to the Ospital ng Makati and to another office where a
bald police officer questioned him. Thereafter, he was taken back to the barangay hall where they
showed him two (2) sticks of marijuana joints allegedly recovered from him. 9

The RTC Ruling

In a Decision  dated October 1, 2012, the RTC found petitioner guilty beyond reasonable doubt of
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the crime charged and, accordingly, sentenced him to suffer the penalty of imprisonment for an
indeterminate period of twelve (12) years and one (1) day, as minimum, to fourteen (14) years and
eight (8) months, as maximum, and to pay a fine in the amount of ₱300,000.00, without subsidiary
imprisonment in case of insolvency. 11

The RTC found that BB Bahoyo and BB Velasquez conducted a valid warrantless arrest, as
petitioner was scandalously showing his private parts at the time of his arrest. Therefore, the
resultant search incidental to such arrest which yielded the seized marijuana in petitioner's
possession was also lawful. In this regard, since the prosecution has adequately shown that
petitioner freely and consciously possessed such marijuana without authority by law, then he must
be convicted for violating Section 11, Article II of RA 9165.12

Aggrieved, petitioner appealed  to the CA.

The CA Ruling

In a Decision  dated October 21, 2015, the CA affirmed petitioner's conviction.  It held that the
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search made on petitioner which yielded the seized marijuana was validly made as it was done
incidental to his arrest for exhibiting his private parts on public. As such, the said seized marijuana is
admissible in evidence and, thus, sufficient to convict him for the crime charged.  The CA likewise
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held that the rule on chain of custody was duly complied with and, thus, the integrity and evidentiary
value of the seized drugs were not compromise d. 17

Undaunted, petitioner moved for reconsideration,  which was, however, denied in a

Resolution  dated September 5, 2016; hence, this petition.

The Issue Before the Court

The issue for the Court's resolution is whether or not the CA correctly upheld petitioner's conviction
for illegal possession of dangerous drugs.

The Court's Ruling

The petition is meritorious.

In criminal cases, "an appeal throws the entire case wide open for review and the reviewing tribunal
can correct errors, though unassigned in the appealed judgment, or even reverse the trial court's
decision based on grounds other than those that the parties raised as errors. The appeal confers the
appellate court full jurisdiction over the case and renders such court competent to examine records,
revise the judgment appealed from, increase the penalty, and cite the proper provision of the penal
law."20

Proceeding from the foregoing, and as will be explained hereunder, petitioner's conviction must be
set aside.

One of the arguments presented in the instant petition is that the search and arrest made on
petitioner were illegal and, thus, the marijuana purportedly seized from him is inadmissible in
evidence.  In this relation, it is worth noting that his arresting officers, i.e., BB Bahoyo and BB
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Velasquez, are mere Bantay Bayan operatives of Makati City. Strictly speaking, they are not
government agents like the Philippine National Police (PNP) or the National Bureau of Investigation
in charge of law enforcement; but rather, they are civilian volunteers who act as "force multipliers"
to assist the aforesaid law enforcement agencies in maintaining peace and security within their
designated areas.  Particularly, jurisprudence described the nature of Bantay Bayan as "a group of
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male residents living in [the] area organized for the purpose of keeping peace in their community[,
which is] an accredited auxillary of the x x x PNP."  In the case of Dela Cruz v. People  involving
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civilian port personnel conducting security checks, the Court thoroughly discussed that while the Bill
of Rights under Article III of the 1987 Constitution generally cannot be invoked against the acts of
private individuals, the same may nevertheless be applicable if such individuals act under the color
of a state-related function, viz.:

With regard to searches and seizures, the standard imposed on private persons is different from that
imposed on state agents or authorized government authorities.

In People v. Marti, the private forwarding and shipping company, following standard operating
procedure, opened packages sent by accused Andre Marti for shipment to Zurich, Switzerland and
detected a peculiar odor from the packages. The representative from the company found dried
marijuana leaves in the packages. He reported the matter to the National Bureau of Investigation
and brought the samples to the Narcotics Section of the Bureau for laboratory examination. Agents
from the National Bureau of Investigation subsequently took custody of the illegal drugs. Andre Marti
was charged with and was found guilty of violating Republic Act No. 6425, otherwise known as the
Dangerous Drugs Act.

This court held that there was no unreasonable search or seizure. The evidence obtained against
the accused was not procured by the state acting through its police officers or authorized
government agencies. The Bill of Rights does not govern relationships between individuals; it cannot
be invoked against the acts of private individuals:

If the search is made upon the request of law enforcers, a warrant must generally be first secured if
it is to pass the test of constitutionality. However, if the search is made at the behest or initiative of
the proprietor of a private establishment for its own and private purposes, as in the case at bar, and
without the intervention of police authorities, the right against unreasonable search and seizure
cannot be invoked for only the act of private individual, not the law enforcers, is involved. In sum, the
protection against unreasonable searches and seizures cannot be extended to acts committed by
private individuals so as to bring it within the ambit of alleged unlawful intrusion by the government.

xxxx

The Cebu Port Authority is clothed with authority by the state to oversee the security of persons and
vehicles within its ports. While there is a distinction between port personnel and port police officers in
this case, considering that port personnel are not necessarily law enforcers, both should be
considered agents of government under Article III of the Constitution. The actions of port personnel
during routine security checks at ports have the color of a state-related function.

In People v. Malngan, barangay tanod and the Barangay Chairman were deemed as law

Thus, with port security personnel's functions having the color of state-related functions and deemed
agents of government, Marti is inapplicable in the present case. x x x.  (Emphases and underscoring
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supplied)

In this light, the Court is convinced that the acts of the Bantay Bayan - or any barangay-based or
other volunteer organizations in the nature of watch groups - relating to the preservation of peace
and order in their respective areas have the color of a state-related function. As such, they should be
deemed as law enforcement authorities for the purpose of applying the Bill of Rights under Article III
of the 1987 Constitution to them. 26

Having established that the Bill of Rights may be applied to the Bantay Bayan operatives who
arrested and subsequently searched petitioner, the Court shall now determine whether such arrest
and search were validly made.

"Section 2,  Article III of the 1987 Constitution mandates that a search and seizure must be carried
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out through or on the strength of a judicial warrant predicated upon the existence of probable cause,
absent which, such search and seizure becomes "unreasonable" within the meaning of said
constitutional provision. To protect the people from unreasonable searches and seizures, Section 3
(2),  Article III of the 1987 Constitution provides that evidence obtained from unreasonable
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searches and seizures shall be inadmissible in evidence for any purpose in any
proceeding. In other words, evidence obtained and confiscated on the occasion of such
unreasonable searches and seizures are deemed tainted and should be excluded for being the
proverbial fruit of a poisonous tree. 29

One of the recognized exceptions to the need [of] a warrant before a search may be [e]ffected is a
search incidental to a lawful arrest. In this instance, the law requires that there first be a lawful
arrest before a search can be made- the process cannot be reversed. 30

A lawful arrest may be effected with or without a warrant. With respect to the latter, the parameters
of Section 5, Rule 113 of the Revised Rules of Criminal Procedure should - as a general rule - be
complied with:

Section 5. Arrest without warrant; when lawful. - A peace officer or a private person may, without a
warrant arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;

(b) When an offense has just been committed and he has probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has committed it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or is temporarily confined while his case is pending, or has
escaped while being transferred from one confinement to another.

In cases falling under paragraphs (a) and (b) above, the person arrested without a warrant shall be
forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance
with Section 7 of Rule 112.

The aforementioned provision identifies three (3) instances when warrantless arrests may be lawfully
effected. These are: (a) an arrest of a suspect in flagrante delicto; (b) an arrest of a suspect where,
based on personal knowledge of the arresting officer, there is probable cause that said suspect was
the perpetrator of a crime which had just been committed; and (c) an arrest of a prisoner who has
escaped from custody serving final judgment or temporarily confined during the pendency of his
case or has escaped while being transferred from one confinement to another. 31

In warrantless arrests made pursuant to Section 5 (a), Rule 113, two (2) elements must concur,
namely: (a) the person to be arrested must execute an overt act indicating that he has just
committed, is actually committing, or is attempting to commit a crime; and (b) such overt act is done
in the presence or within the view of the arresting officer. On the other hand, Section 5 (b), Rule 113
requires for its application that at the time of the arrest, an offense had in fact just been committed
and the arresting officer had personal knowledge of facts indicating that the accused had committed
it.
32

In both instances, the officer's personal knowledge of the fact of the commission of an offense is
essential. Under Section 5 (a), Rule 113 of the Revised Rules of Criminal Procedure, the officer
himself witnesses the crime; while in Section 5 (b) of the same, he knows for a fact that a crime has
just been committed." 33

In this case, the prosecution claims that the BB Bahoyo and BB Velasquez simply responded to a
purported report of a man showing off his private parts at Kaong Street which led to petitioner's
arrest. On the other hand, petitioner maintains that he was just urinating in front of his workplace
when the Bantay Bayan operatives suddenly approached and questioned him, and thereafter,
frisked and arrested him. BB Bahoyo's testimony on direct and cross-examinations is enlightening on
this matter, to wit:

PROSECUTOR: x x x

xxxx

So, upon seeing Jeffrey Miguel, what did you do?

WITNESS: We approached him and we asked him what was he doing in that place and he appears
to be intoxicated, ma'am.

PROSECUTOR: After questioning him, what did you do?

WITNESS: We asked him from where he is residing and he told us that he is from Caong Street.

PROSECUTOR: What you do next?

WITNESS: Because I also live in Caong and he is not familiar to me, I asked for his I.D, ma'am.
PROSECUTOR: Was he able to produce an I.D?

WITNESS: He was not able to produce any I.D., ma'am.

PROSECUTOR: When he failed to produce any I.D., what did you do?

WITNESS: One of my companions asked him if he has any I.D. with him.

PROSECUTOR: Who was this companion of yours?

WITNESS: Mark Anthony Velasquez, ma'am.

PROSECUTOR: What was the response of Jeffrey to the request of Mark Anthony Velasquez?

WITNESS: He brought out the contents of his pocket and he brought out one pack of Fortune with
one stick inside and another pack, Marlboro light pack with one stick of cigarette and two sticks of
marijuana.

xxxx

[on cross-examination]

ATTY. PUZON: When you saw certain Jeffrey, you were not familiar with him, is that correct?

WITNESS: No, sir, I am not familiar with him.

A TTY. PUZON: And when you saw him, he was already showing his private parts, is that correct?

WITNESS: Yes, sir.

A TTY. PUZON: In your "Pinagsanib na Sinumpaang Salaysay" you stated that when you saw
Jeffrey, his back was turned to you and it seemed that he was peeing.  Do you remember saying
1âwphi1

that in your "Pinagsanib na Sinumpaang Salaysay"?

WITNESS: Yes, sir.

A TTY. PUZON: So, is it not true that when you saw him, he was already showing his private parts?

WITNESS: He was showing his private parts, sir.

ATTY. PUZON: While his back turned to you?

WITNESS: Yes, sir.

ATTY. PUZON: How could you see his private parts if his back was turned against you?

WITNESS: He faced us, sir.

xxxx
COURT: Did you charge the accused for urinating in a public place or for showing his private
parts?

WITNESS: No, Your Honor.

ATTY. PUZON: And in fact, only a drug case was filed against Jeffrey?

WITNESS: I have no idea, sir. (Emphases and underscoring supplied) 34

On the other hand, pertinent portions of petitioner's Judicial Affidavit  containing his direct testimony
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read:

Q: Naaalala mo pa ba ang petsang 24 May 2010?

A: Opo. Iyon po ang araw nang aka ay dakpin ng dalawang bantay-bayan.

Q: Ano ang naaalala mo bago ka mahuli, kung mayroon man?

A: Mga bandang pasado alas dose ng hating gabi aka ay umihi sa tapat ng pinagtatrabahuhan ko
ng may biglang lumapit sa akin na dalawang bantay-bayan.

Q: Ano ang sumunod na nangvari x x x, kung mavroon man?

A: Nagtanong po sila kung saan ako nakatira at sinagot ko na nakatira ako sa Kaong St., Brgy. San
Antonio Village, Makati City at pagkatapos ay kinapkapan nila ako.

Q: May nakulta ba sila sa iyo pakatapos kang kapkapan, kung mayroon man?

A: Opo. Nakulta nila ang aking charger, cellphone, lighter at sigarilyong Fortune.

Q: Ano ang sumunod na nangyari, kung mayroon man?

A: Pinosasan nila ako at dinala sa barangay.  (Emphases and underscoring supplied)

On cross-examination, petitioner testified, as follows:

PROSECUTOR: x x x Mr. Witness, you said that at past 12:00 in the midnight of May 24, 2010 you
were arrested by two Bantay Bayan, do you affirm that Mr. Witness?

WITNESS: Yes, ma'am.

PROSECUTOR: And how did you know that they are Bantay Bayan complement?

WITNESS: They told me that they were Bantay Bayan personnel, ma'am.

PROSECUTOR: What were you doing then, Mr. Witness?

WITNESS: Urinating in front of my place of work, ma'am.

xxxx
PROSECUTOR: And you were working at that time that you were allegedly arrested by these
two Bantay Bayan complement, Mr. Witness?

WITNESS: Not anymore because I was staying in at the company, ma'am.

xxxx

PROSECUTOR: You urinated outside because you do not have a comfort room inside, is it not a
fact, Mr. Witness?

WITNESS: Yes, ma'am.

PROSECUTOR: What is this Fine Home Incorporation doing, Mr. Witness?

WITNESS: I am a caretaker at Fine Home Incorporation I guard the steels, ma'am.  (Emphases and
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underscoring supplied)

On the basis of the foregoing testimonies, the Court is inclined to believe that at around past 12
o'clock in the early morning of May 24, 2010, petitioner went out to the street to urinate when
the Bantay Bayan operatives chanced upon him. The latter then approached and questioned
petitioner, and thereafter, went on to search his person, which purportedly yielded the marijuana
seized from him. Verily, the prosecution's claim that petitioner was showing off his private parts was
belied by the aforesaid testimonies. Clearly, these circumstances do not justify the conduct of an in
jlagrante delicto arrest, considering that there was no overt act constituting a crime committed by
petitioner in the presence or within the view of the arresting officer. Neither do these circumstances
necessitate a "hot pursuit" warrantless arrest as the arresting Bantay Bayan operatives do not have
any personal knowledge of facts that petitioner had just committed an offense.

More importantly, the Court simply finds highly implausible the prosecution's claim that a valid
warrantless arrest was made on petitioner on account of the alleged public display of his private
parts because if it was indeed the case, then the proper charge should have been filed against him.
However, records are bereft of any showing that such charge was filed aside from the instant
criminal charge for illegal possession of dangerous drugs - thereby strengthening the view that no
prior arrest was made on petitioner which led to a search incidental thereto. As stressed earlier,
there must first be a lawful arrest before a search can be made and that such process cannot be
reversed.

All told, the Bantay Bayan operatives conducted an illegal search on the person of petitioner.
Consequently, the marijuana purportedly seized from him on account of such search is rendered
inadmissible in evidence pursuant to the exclusionary rule under Section 3 (2), Article III of the 1987
Constitution. Since the confiscated marijuana is the very corpus delicti of the crime charged,
petitioner must necessarily be acquitted and exonerated from criminal liability.38

WHEREFORE, the petition is GRANTED. The Decision dated October 21, 2015 and the Resolution
dated September 5, 2016 of the Court of Appeals in CA-G.R. CR No. 35318 are
hereby REVERSED and SET ASIDE. Accordingly, petitioner Jeffrey Miguel y Remegio
is ACQUITTED of the crime of illegal possession of dangerous drugs defined and penalized under
Section 11, Article II of Republic Act No. 9165. The Director of the Bureau of Corrections is ordered
to cause his immediate release, unless he is being lawfully held for any other reason.

SO ORDERED.