G.R. No. 199087 - PEOPLE OF THE PHILIPPINES, VS. JERRY PUNZALAN AND PATRICIA PUNZALAN, ACCUSED-.**

Ruling

Accordingly, SI2 Esteban and IO2 Alvarado effected the arrest of accused-appellants Jerry and Patricia Punzalan after informing them of their constitutional rights. 101 Pagaragan immediately marked the seized items by placing the marking "ADP". After searching and marking the evidence found on the first floor, the team, together with the barangay officials and accused-appellants, proceeded to, and conducted the search on the second and third floors but found nothing. They went downstairs where they conducted the inventory of recovered items. 101 Pagaragan prepared the Receipt/Inventory of Property Seized [10] and a Certification of Orderly Search [11] which were later signed by the barangay officials. After their arrest, accused-appellants Jerry and Patricia Punzalan were brought to the PDEA Office in Quezon City for investigation. IO1 Pagaragan presented the seized evidence to Atty. Benjamin Gaspe, who prepared the Booking Sheet and Arrest Report, [12] Request for Drug Test/Physical and Medical Examination. They likewise caused the preparation of their respective affidavits. Photographs were also taken during the actual search and inventory. Laboratory examination of the seized pieces of drug evidence gave positive results for the presence of methamphetamine hydrochloride, otherwise known as shabu , a dangerous drug. [13] Thereafter, the accused-appellants were charged with violation of Section 11, Article II of R.A. No. 9165 for illegal possession of 40.78 grams of methamphetamine hydrochloride otherwise known as shabu, a dangerous drug. In denying the charge, accused-appellant Jerry Punzalan testified that at around 5:45 in the morning of November 3, 2009, he was at his store located at 704, A-44 Apelo Cruz Street, Pasay City. Their house and store are two separate structures which are 70 meters apart. Patricia was inside the store fixing the grains. Jerry was about to open the store when he saw men running toward their main house, carrying a tank with hose attached to it. Jerry followed them and saw the men applying acetylene on their steel gate. Jerry shouted at them but the men poked their guns at him and when he answered in the affirmative after being asked if he is Jerry, they placed him in metal handcuffs, held him at the back of his shirt and brought him to his garage, about 30 meters from their house. He was later made to board a van, which is about five meters away from the garage. Inside the van, his wife Patricia was already there with her hands bound in plastic. They stayed there for more or less three hours. Then, Barangay Chairman Reynaldo Flores arrived. They were brought by the PDEA agents to their main house. Upon reaching the house, accused-appellants noticed that their belongings were already scattered. Inside their house, there were two kagawads, two female and two male PDEA agents, whom they later identified as IO1 Pagaragan, IA1 Sandaan, SI2 Esteban and IO2 Alvarado, Kagawad Larry Fabella and Kagawad Edwin Razon. Their pi