Comprehensive Dangerous Drugs Act of 2002, G.R. No. 2200370, June 17, 2017, Set B

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Mario Veridiano y Sapi v. People of the Philippines (G.R. No.

200370, June 17, 2017,


Leonen, J.)

Doctrine: Evidence gathered from an unlawful arrest is not admissible under the
exclusionary principle in Article III, Section 3(2) of the Constitution. Thus, even
though there is actual dangerous drugs recovered from a person enough to convict
him under R.A. 9165, this cannot be used against him if he is unlawfully arrested.

Ruling: NO. The arrest done by the police officers was an unlawful arrest, as answered in one
of the issues in this case. Routinary and indiscriminate searches of moving vehicles are
allowed if they are limited to a visual search This holds especially true when the object of the
search is a public vehicle where individuals have a reasonably reduced expectation of privacy.
On the other hand, extensive searches are permissible only when they are founded upon
probable cause. Any evidence obtained will be subject to the exclusionary principle under the
Constitution. The warrantless search conducted by the police officers is invalid. Consequently,
the tea bag containing marijuana seized from petitioner is rendered inadmissible under the
exclusionary principle in Article III, Section 3(2) of the Constitution. There being no evidence
to support his conviction, petitioner must be acquitted.

BAUTISTA-2018-11092-MN-0

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