41. RUBEN DEL CASTILLO vs.

PEOPLE OF THE PHILIPPINES

G.R. No. 185128 January 30, 2012

Facts:
Ruben del Castillo, was engaged in selling shabu, SPO3 Bienvenido Masnayon, after conducting
surveillance and test-buy operation at the house of petitioner, secured a search warrant and serve to the
petitioner. The petitioner's residence is a two-storey house. Upon arrival, somebody shouted "raid," when
they went upstairs, they met petitioner's wife and informed her that they will implement the search
warrant. But before they can search the area, SPO3 Masnayon claimed that he saw petitioner run
towards a nipa hut in front of the petitioner’s house. Masnayon chased him but to no avail. SPO3
Masnayon requested his men to get a barangay tanod. In the presence of the barangay tanod, Nelson
Gonzalado, and the elder sister of petitioner named Dolly del Castillo, they searched the house including
the nipa hut where the petitioner allegedly ran for cover. The barangay tanods was able to confiscate
from the nipa hut several articles the result of which proved positive for shabu.

Issue:
Whether or not search and confiscation of the item seized is valid.

Held:
Search warrant specifically describes the residence of the petitioner as the place to be searched.
However, the confiscated items were found in a place other than the one described can be considered as
fruits of an invalid warrantless search, and is a violation of petitioner's constitutional guaranty against
unreasonable searches and seizure. Items seized is still not admissible since under the Local Government
Code, barangay tanods were acting as agents of a person in authority during the conduct of the search.
Thus, the search conducted was unreasonable and the confiscated items are inadmissible in evidence.
Also, the prosecution must prove that the petitioner had knowledge of the existence and presence of the
drugs in the place under his control and dominion and the character of the drugs. The prosecution's
failure to prove that the nipa hut was under petitioner's control and dominion, there casts a reasonable
doubt as to his guilt. Petition granted.