was taken by accused-appellant from a cabinet inside his room. The application wasgranted, and a search warrant was later issued by Presiding Judge Dolores L. Español.At about 10:30 p.m. of December 26, 1995, a group of about 10 policemen, along with onecivilian informer, went to the residence of accused-appellant to serve the warrant.
The police operatives knocked on accused-appellant’s door, but nobody opened it. They heardpeople inside the house, apparently panicking. The police operatives then forced the door openand entered the house.
After showing the search warrant to the occupants of the house, Lt. Cortes and his group startedsearching the house.
They found 12 small heat-sealed transparent plastic bags containing awhite crystalline substance, a paper clip box also containing a white crystalline substance, andtwo bricks of dried leaves which appeared to be marijuana wrapped in newsprint
having a totalweight of approximately 1,255 grams.
A receipt of the items seized was prepared, but theaccused-appellant refused to sign it.
After the search, the police operatives took accused-appellant with them to Station 10, EDSA,Kamuning, Quezon City, along with the items they had seized.
PO3 Duazo requested a laboratory examination of the confiscated evidence.
The whitecrystalline substance with a total weight of 2.77 grams and those contained in a small box with atotal weight of 8.37 grams were found to be positive for methamphetamine hydrochloride. On theother hand, the two bricks of dried leaves, one weighing 425 grams and the other 850 grams,were found to be marijuana.
For the defense, accused-appellant testified in his own behalf. His testimony was corroborated byhis mother-in-law, Soledad Arcano.Accused-appellant testified that on the night of December 26, 1995, as they were about to leavetheir house, they heard a commotion at the gate and on the roof of their house. Suddenly, about20 men in civilian attire, brandishing long firearms, climbed over the gate and descended throughan opening in the roof.
When accused-appellant demanded to be shown a search warrant, a piece of paper inside afolder was waved in front of him. As accused-appellant fumbled for his glasses, however, thepaper was withdrawn and he had no chance to read it.
Accused-appellant claimed that he was ordered to stay in one place of the house while thepolicemen conducted a search, forcibly opening cabinets and taking his bag containing money, alicensed .45 caliber firearm, jewelry , and canned goods.
The policemen left at around 12:30 a.m. of December 27, 1995, and, after putting handcuffs onaccused-appellant, took him with them to the NARCOM on EDSA, Quezon City, where accused-appellant was detained.
Accused-appellant's mother-in law, Soledad Arcano, corroborated his testimony. Arcano testifiedthat the policemen ransacked their house, ate their food, and took away canned goods and other valuables.
After hearing, the trial court rendered its decision, the dispositive portion of which reads:WHEREFORE, judgment is hereby rendered: