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People vs. Salanguit
People vs. Salanguit
2.77 grams and those contained in a small box with a total weight of 8.37 grams were found
to be positive for
methamphetamine hydrochloride. On the other hand, the two bricks of dried leaves, one
weighing 425 grams
and the other 850 grams, were found to be marijuana. Charges against Roberto Salanguit y
Ko for violations
of Republic Act (RA) 6425, i.e. for possession of shabu and marijuana, (Criminal Cases Q-9564357 and Q95-64358, respectively) were filed on 28 December 1995. After hearing, the trial court
rendered its decision,
convicting Salanguit in Criminal Cases Q-95-64357 and Q-95-64358 for violation of Section
16 and 8,
respectively, RA 6425, and sentencing him to suffer an indeterminate sentence with a
minimum of 6 months
of arresto mayor and a maximum of 4 years and 2 months of prision correccional, and
reclusion perpetua and
to pay a fine of P700,000.00, respectively. Salanguit appealed; contesting his conviction on
the grounds that
(1) the admissibility of the shabu allegedly recovered from his residence as evidence against
him on the
ground that the warrant used in obtaining it was invalid; (2) the admissibility in evidence of
the marijuana
allegedly seized from Salanguit to the "plain view" doctrine; and (3) the employment of
unnecessary force by
the police in the execution of the warrant.