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Sec 2 - Searches and Seizures Chap 8 - 9 - 29 PDF
Sec 2 - Searches and Seizures Chap 8 - 9 - 29 PDF
MENDIOLA, MANILA
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(private) security officers of the Indeed, even assuming that their arrest
interisland passenger vessel who then was illegal, their act of entering a plea
reported the matter to the Philippine during their arraignment constituted a
Coast Guard. The search and seizure of waiver by the accused of their right to
the suitcase and contraband items were question the validity of their arrest
carried out without government [People v. Cachola, G.R. Nos. 148712-15,
intervention. Accordingly, the January 21, 2004].
exclusionary rule may not be invoked.
e) Objections to the warrant of arrest WHAT ARE THE 2 Parts of Sec. 2, Art.
must be made before the accused enters III?
his plea [People v. Codilla, 224 SCRA 1. Constitutional guarantee
104; People v. Robles, G.R. No. 101335, 2. Requisites of search warrant
June 8, 2000]. Failure to do so constitutes
a waiver of his right against unlawful WHAT IS A WARRANT?
restraint of liberty [People v. Penaflorida, - Warrant is an order in writing
G.R. No. 130550, September 2, 1999, issued in the name of the People of
reiterating Filoteo v. Sandiganbayan, the Philippines, signed by a judge
263 SCRA 222; People v. Gastador, G.R. and directed to a peace officer.
No. 123727, April 14, 1999].
WHAT IS A SEARCH WARRANT?
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expresses a conclusion of fact, not of law, marijuana” was held to satisfy the
by which the warrant officer may be requirement for particularity of
guided in making the search and seizure; description.
or when the things described are limited
to those which bear direct relation to the iiib) Furthermore, a search
offense for which the warrant is being warrant is severable. Thus, in Uy v.
issued [Bache & Co. v. Ruiz, 37 SCRA 823], Bureau of Internal Revenue, G.R.
If the articles desired to be seized have No. 129651, October 20, 2000, the
any direct relation to an offense Supreme Court said that the
committed, the applicant must necessarily general description of most of the
have some evidence other than those documents in the warrant — if
articles, to prove said offense; and the there are others particularly
articles subject of search and seizure described — will not invalidate the
should come in handy merely to entire warrant. Those items which
strengthen such evidence [Columbia are not particularly described may
Pictures v. Court of Appeals, G. R. No. simply be cut off without
111267, September 20, 1996]. destroying the whole warrant. This
ruling is reiterated in Microsoft
Corporation v. Maxicorp, Inc., G.R.
iiia) However, in Kho v. Judge No. 140946, September 13, 2004.
Makalintal, G.R. No. 94902- OS,
April 21, 1999, it was held that the iiic) Only the articles particularly
failure to specify detailed described in the warrant may be
descriptions in the warrant does seized. In People v. Salanguit,
not necessarily make the warrant a supra., where the warrant
general warrant. Citing Justice authorized only the seizure of
Francisco, the Supreme Court said shabu, and not marijuana, the
that the “description of the seizure of the latter was held
property to be seized need not be unlawful. In Del Rosario v. People,
technically accurate nor G.R. No. 142295, May 31, 2001, the
necessarily precise, and its nature Supreme Court said that the search
will necessarily vary according to warrant was no authority for the
whether the identity of the police officers to seize the firearm
property, or its character, is a which was not mentioned, much
matter of concern. The description less described with particularity,
is required to be specific only in so in the warrant.
far as circumstances will allow.”
Thus, in People v. Tee, supra., “an
undetermined amount of
MILKTEA NOTES 2017 | POLITICAL LAW COMPENDIUM
"The oak fought the wind and was broken, the willow bent when it must and survived.”
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But this decision, which was judge; and the judge alone makes this
promulgated on August 19, 1988, should determination.
apply only prospectively, and should not
apply to parties who relied on theold The same rule applies in election offenses
doctrine and acted in good faith even if, in such cases, the preliminary
[Columbia Pictures v. Court of Appeals, investigation is done by the Comelec
237 SCRA 367, cited in Columbia [People v. Delgado, 189 SCRA 715].
Pictures v. Court of Appeals, 262 SCRA
219]. i) Issuance of a Warrant of
Arrest. It is sufficient that the
iv) Where a search warrant was issued for judge “personally determine” the
the seizure of shabu and drug existence of probable cause. It is
paraphernalia, but probable cause was not necessary that he should
found to exist only with respect to the personally examine the
shabu, the warrant cannot be invalidated complainant and his witnesses
in toto; it is still valid with respect to the [Soliven v. Makasiar, 167 SCRA
shabu [People v. Salanguit, supra.]. 393].
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convinced that he has the under oath, the complainants and any
quantum of evidence at witnesses he may produce on facts
hand to support the personally known to them, and attach to
averments, he is under no the record their sworn statements
obligation to file the together with any affidavits submitted.
criminal information. See Silva v. Presiding Judge, 203 SCRA
140; Mata v. Bayona, 128 SCRA 388.
if) In the cases when it is
the judge who himself iia) A search warrant proceeding is,
conducts the preliminary in no sense, a criminal action or
investigation, for him to the commencement of a
issue a warrant of arrest, prosecution. The proceeding is not
the investigating judge one against any person, but is
must: solely for the discovery and to get
possession of personal property. It
(1) have examined, is a special and peculiar remedy,
under oath and in writing, drastic in nature, and made
the complainant and his necessary because of public
witnesses; necessity. It resembles in some
(2) be satisfied that respect with what is commonly
there is probable cause; and known as John Doe proceedings.
(3) that there is a While an application for a search
need to place the warrant is entitled like a criminal
respondent under action, it does not make it such an
immediate custody action [United Laboratories, Inc. v.
in order not to Isip, G.R. No. 163958, June 28,
frustrate the ends of 2005],
justice [Mantaring v.
Judge Roman, 254 iib) Where the judge failed to
SCRA158]. conform with the essential
requisites of taking the deposition
in writing and attaching them to
the record, it was held that search
ii) Issuance of a Search Warrant. Section warrant is invalid, and the fact that
4, Rule 126 of the Rules of Court the objection thereto was raised
requires that the judge must personally only during the trial is of no
examine in the form of searching moment, because the absence of
questions and answers, in writing and such depositions was discovered
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only after the arrest and during the i) For the procedure in the
trial [People v. Mamaril, G.R. No. issuance of a warrant of arrest, see
147607, January 22, 2004], Soliven v. Makasiar, supra.
However, the Bill of Rights does ii) The evidence offered by the
not make it an imperative complainant and his witnesses
necessity that the depositions be should be based on their own
attached to the records of an personal knowledge and not on
application for a search warrant. mere information or belief. The
The omission would not be fatal if oath required must refer to the
there is evidence on record truth of the facts within the
showing that such personal personal knowledge of the
examination was conducted and applicant or his witnesses, because
what testimony was presented the purpose is to convince the
[People v. Tee, G.R. Nos. 140546- committing magistrate, not the
47, January 20, 2003]. individual making the affidavit and
seeking the issuance of the
iic) Where the trial judge not only warrant, of the existence of
asked searching questions but probable cause [Cupcupin v.
leading questions, as well, the People, G.R. No. 132389,
same was not considered November 19, 2002], In Alvarez v.
improper, because the CFI, 64 Phil. 33, “reliable
complainant and the witnesses information” was held insufficient;
were reticent and had to be made in Burgos v. Chief of Staff, 133
to explain [Flores v. Sumaljag, SCRA 800, “evidence gathered and
290 SCRA 568]. collated by our unit” was not
sufficient; and in Quintero v. NBI,
c) After examination, under oath or 162 SCRA 467, NBI Agent Castro
affirmation, of the complainant and the knew nothing of his personal
witnesses he may produce. The knowledge that Quintero
personal examination must not be merely committed an offense, while
routinary or pro forma, but must be Congressman Mate’s statement
probing and exhaustive. The purpose of was characterized by several
this rule is to satisfy the examining omissions and replete with
magistrate as to the existence of probable conclusions and inferences, lacking
cause. the directness and definiteness
which would have been present
had the statement dealt with facts
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outlawed any unwarranted intrusion by the search and seizure clauses are
government, which is called upon to restraints upon the government and its
refrain from any invasion of his dwelling agents, not upon private individuals,
and to respect the privacies of his life . . ." (citing People v. Potter, 240 Cal. App.2d
621, 49 Cap. Rptr, 892 (1966); State v.
In Burdeau v. McDowell (256 US 465 Brown, Mo., 391 S.W.2d 903 (1965);
(1921), 41 S Ct. 547; 65 L.Ed. 1048), the State v. Olsen, Or., 317 P.2d 938 (1957).
Court there in construing the right against
unreasonable searches and seizures Likewise appropos is the case of Bernas v.
declared that: "(t)he Fourth Amendment US (373 F.2d 517 (1967). The Court
gives protection against unlawful there said:
searches and seizures, and as shown in "The search of which appellant complains,
previous cases, its protection applies to however, was made by a private citizen —
governmental action. Its origin and the owner of a motel in which appellant
history clearly show that it was intended stayed overnight and in which he left
as a restraint upon the activities of behind a travel case containing the
sovereign authority, and was not intended evidence**** complained of. The search
to be a limitation upon other than was made on the motel owner's own
governmental agencies; as against such initiative. Because of it, he became
authority it was the purpose of the Fourth suspicious, called the local police,
Amendment to secure the citizen in the informed them of the bag's contents, and
right of unmolested occupation of his made it available to the authorities.
dwelling and the possession of his
property, subject to the right of seizure by "The fourth amendment and the case law
process duly served." applying it do not require exclusion of
evidence obtained through a search by a
The above ruling was reiterated in State v. private citizen. Rather, the amendment
Bryan (457 P.2d 661 [1968]) where a only proscribes governmental action."
parking attendant who searched the The mere presence of the NBI agents did
automobile to ascertain the owner thereof not convert the reasonable search
found marijuana instead, without the effected by Reyes into a warrantless
knowledge and participation of police search and seizure proscribed by the
authorities, was declared admissible in Constitution. Merely to observe and look
prosecution for illegal possession of at that which is in plain sight is not a
narcotics. search. Having observed that which is
open, where no trespass has been
And again in the 1969 case of Walker v. committed in aid thereof, is not search
State (429 S.W.2d 121), it was held that (Chadwick v. State, 429 SW2d 135).
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Where the contraband articles are tasked with the enforcement of the law.
identified without a trespass on the part Thus, it could only be invoked against the
of the arresting officer, there is not the State to whom the restraint against
search that is prohibited by the arbitrary and unreasonable exercise of
constitution. That the Bill of Rights power is imposed. If the search is made
embodied in the Constitution is not meant upon the request of law enforcers, a
to be invoked against acts of private warrant must generally be first secured if
individuals finds support in the it is to pass the test of constitutionality.
deliberations of the Constitutional However, if the search is made at the
Commission. True, the liberties behest or initiative of the proprietor of a
guaranteed by the fundamental law of the private establishment for its own and
land must always be subject to protection. private purposes, as in the case at bar,
But protection against whom? and without the intervention of police
Commissioner Bernas in his sponsorship authorities, the right against
speech in the Bill of Rights answers the unreasonable search and seizure cannot
query which he himself posed, as follows: be invoked for only the act of private
individual, not the law enforcers, is
"First, the general reflections. The involved. In sum, the protection against
protection of fundamental liberties in the unreasonable searches and seizures
essence of constitutional democracy. cannot be extended to acts committed by
Protection against whom? Protection private individuals so as to bring it within
against the state. The Bill of Rights governs the ambit of alleged unlawful intrusion by
the relationship between the individual the government.
and the state. Its concern is not the relation
between individuals, between a private
individual and other individuals. What the
Bill of Rights does is to declare some PEOPLE vs. MARTI
forbidden zones in the private sphere G.R. No. 81561, January 18,1991
inaccessible to any power holder."
FACTS: Andre Marti went to the booth of
(Sponsorship Speech of Commissioner the Manila Packing and Export
Bernas; Record of the Constitutional Forwarders in the Pistang Pilipino
Commission, Vol. 1, p. 674; July 17, Complex, Ermita, Manila, carrying with
1986; Emphasis supplied) The them 4 gift- wrapped packages. The
constitutional proscription against packages were not inspected by Anita
unlawful searches and seizures therefore Reyes, the proprietress, as Marti refused,
applies as a restraint directed only who assured her that the packages simply
against the government and its agencies
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contained books, cigars, and gloves and ISSUE: Whether or not an act of a private
were gifts to his friend in Zurich. individual, allegedly in violation of
However, before delivery of appellant's box appellant's constitutional rights, be
to the Bureau of Customs and/ or Bureau invoked against the state?
of Posts, Mr. Job Reyes, proprietor and
husband of Anita Reyes, following standard RULING: NO. In the absence of
operating procedure, opened the boxes for governmental interference, the liberties
final inspection. When he opened guaranteed by the Constitution cannot be
appellant's box, a peculiar order emitted invoked against the State. This
therefrom. His curiosity aroused. He constitutional right refers to the
squeezed one of the bundles allegedly immunity of one's person, whether
containing gloves and felt dried leaves citizen or alien, from interference by
inside. Opening one of the bundles, he government.The contraband in the case
pulled out a cellophane wrapper at bar came into possession of the
protruding from the opening of one of the government without the latter
gloves. He made an opening on one of the transgressing appellant's rights
cellophane wrappers and took several against unreasonable searches and
grams of the contents thereof. Job Reyes seizures.
reported the incident to the NBI and
requested a laboratory examination of the The constitutional proscription against
samples he extracted from the cellophane unlawful searches and seizures applies as
wrapper. It turned out that the dried a restraint directed only against the
leaves were marijuana flowering tops as government and its agencies tasked
certified by the forensic chemist of the with the enforcement of the law. Thus, it
Narcotics Section of the NBI. could only be invoked against the State to
whom the restraint against arbitrary
Thereafter, an information was filed and unreasonable exercise of power is
against appellant for violation of R.A. imposed. If the search is made at the
6425 (Dangerous Drugs Act). Appellant behest or initiation of the proprietor of
contends that the evidence subject of the a private establishment for its own and
imputed offense had been obtained in private purposes, as in the case at bar,
violation of his constitutional rights and without the intervention of police
against unreasonable searches and authorities, the right against
seizures and unreasonable searches and seizures
privacy of communication and therefore cannot be invoked for only the act of
argues that the same should be held private individuals, not law enforcers, is
inadmissible in evidence. involved. In sum, the protection against
unreasonable searches and seizures
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rights of defendants whose property had Revenue (Code) and Revised Penal Code."
not been seized or the privacy of whose In other words, no specific offense had
homes had not been disturbed; nor could been alleged in said applications. The
they claim for themselves the benefits of averments thereof with respect to the
the Fourth Amendment, when its offense committed were abstract. As a
violation, if any, was with reference to the consequence, it was impossible for the
rights of another. Remus vs. United judges who issued the warrants to have
States (C.C.A.) 291 F. 501, 511. It follows, found the existence of probable cause, for
therefore, that the question of the the same presupposes the introduction of
admissibility of the evidence based on an competent proof that the party against
alleged unlawful search and seizure does whom it is sought has performed
not extend to the personal defendants but particular acts, or committed specific
embraces only the corporation whose omissions, violating a given provision of
property was taken . . ." (A. our criminal laws. As a matter of fact, the
Guckenheimer & Bros. Co. vs. United applications involved in this case do not
States, [1925] 3F. 2d, 786, 789, allege any specific acts performed by
Emphasis supplied.) herein petitioners. It would be a legal
heresy, of the highest order, to convict
GENERAL WARRANTS ARE anybody of a "violation of Central Bank
PROSCRIBED BY THE CONSTITUTION. Laws, Tariff and Customs Laws, Internal
Two points must be stressed in Revenue (Code) and Revised Penal Code,"
connection with this constitutional — as alleged in the aforementioned
mandate, namely: applications — without reference to any
determinate provision of said laws or
(1) that no warrant shall issue but upon codes.
probable cause, to be determined by the
judge in the manner set forth in said To uphold the validity of the warrants in
provision; and question would be to wipe out completely
(2) that the warrant shall particularly one of the most fundamental rights
describe the things to be seized. guaranteed in our Constitution, for it
would place the sanctity of the domicile
None of these requirements has been and the privacy of communication and
complied with in the contested warrants. correspondence at the mercy of the
Indeed, the same were issued upon whims, caprice or passion of peace
applications stating that the natural and officers.
juridical persons therein named had
committed a "violation of Central Bank This is precisely the evil sought to be
Laws, Tariff and Customs Laws, Internal remedied by the constitutional provision
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above quoted — to outlaw the so-called declaring his rights to be secure against
general warrants. It is not difficult to such searches and seizures, is of no value,
imagine what would happen, in times of and, so far as those thus placed are
keen political strife, when the party in concerned, might as well be stricken from
power feels that the minority is likely to the Constitution. The efforts of the courts
wrest it, even though by legal means. and their officials to bring the guilty to
punishment, praiseworthy as they are, are
EXCLUSIONARY DOCTRINE. However, not to be aided by the sacrifice of those
most common law jurisdictions have great principles established by years of
already given up this approach and endeavor and suffering which have
eventually adopted the exclusionary rule, resulted in their embodiment in the
realizing that this is the only practical fundamental law of the land."
means of enforcing the constitutional
injunction against unreasonable searches
and seizures. In the language of Judge STONEHILL vs. DIOKNO
Learned Hand: G.R. No. L-19550, June 19, 1967
"As we understand it, the reason for the Facts: Upon application of the officers of
exclusion of evidence competent as such, the government (respondent
which has been unlawfully acquired, is prosecutors), several judges (respondent
that exclusion is the only practical way of judges) issued a total of 42 search
enforcing the constitutional privilege. In warrants against petitioners & or the
earlier times the action of trespass against corporations of which they were officers,
the offending official may have been directed to any peace officer, to search the
protection enough; but that is true no persons named and/ or the premises of
longer. Only in case the prosecution their offices, warehouses, and/ or
which itself controls the seizing officials, residences, and to seize several personal
knows that it cannot profit by their wrong, properties as the "subject of the offense;
will that wrong be repressed". stolen or embezelled or the fruits of the
offense," or "used or intended to be used
In fact, over thirty (30) years before, the as the means of committing the offense"
Federal Supreme Court had already as violation of Central Bank Laws, Tariff
declared: and Customs Laws (TCC), NIRC and the
RPC."
"If letters and private documents can thus
be seized and held and used in evidence Alleging that the aforementioned search
against a citizen accused of an offense, the warrants are null & void, said petitioners
protection of the 4th Amendment, Stonehill, et.al. filed w/ the SC this
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original action for certiorari, prohibition, Penal Code."No specific offense had been
mandamus and injunction. alleged in said applications. The
averments thereof with respect to the
Issues: offense committed were abstract. As a
1. Whether the right against unlafwful consequence, it was impossible for the
search and seizures may be invoked by judges who issued the warrants to have
artificial beings? found the existence of a probable cause, for
2. Whether or not the search warrants in the same presupposes the introduction of
question were validly issued? competent proof that the party against
3. Whether or not the articles seized by whom it is sought has performed
virtue of the warrants are admissible in particular acts, or committed specific
evidence? omissions, violating a given provision of
our criminal laws.
Held:
1. YES. Artificial beings are also entitled to To uphold the validity of the warrants in
the guarantee although they may be question would be to wipe out completely
required to open their books of accounts one of the most fundamental rights
for examination by the State in the guaranteed in our Constitution, for it
exercise of POLICE POWER. would place the sanctity of the domicile
and the privacy of communication and
2. NO. Two points must be stressed in correspondence at the mercy of the
connection with Art. III, Section 2 of the whims, caprice or passion of peace
Constitution: officers. This is precisely the evil sought
to be remedied by the constitutional
(a) that no warrant shall issue but upon provision above quoted — to outlaw the
probable cause to be determined by the so-called general warrants. It is not
judge in the manner set forth therein; and difficult to imagine what would happen,
in times of keen political strife, when
(b) that the warrant shall particularly the party in power feels that the
describe the things to be seized. minority is likely to wrest it, even
though by legal means.
None of these requirements has been
complied with. Indeed, the same were Such is the seriousness of the
issued upon applications stating that the irregularities committed in connection
natural and juridical persons therein with the disputed search warrants, that
named had committed a "violation of this Court deemed it fit to amend Section
Central Bank Laws, Tariff and Customs 3 of Rule 122 of the former Rules of Court
Laws, Internal Revenue (Code) and Revised 14 by providing in its counterpart, under
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the Revised Rules of Court 15 that "a General search warrants are outlawed
search warrant shall not issue upon because they place the sanctity of the
probable cause in connection with one domicile and the privacy of
specific offense." Not satisfied with this communication and correspondence at
qualification, the Court added thereto a the mercy of the whims, caprice or
paragraph, directing that "no search passion
warrant shall issue for more than one of peace officers. The warrants
specific offense." The grave violation of sanctioned the seizure of all records of
the Constitution made in the application the petitioners and the aforementioned
for the contested search warrants was corporations, whatever their nature, thus
compounded by the description therein openly contravening the explicit
made of the effects to be searched for and command of our Bill of Rights-- THAT
seized, to wit: THE THINGS TO BE SEIZED BE
PARTICULARLY DESCRIBED-- as well as
"Books of accounts, financial records, tending to defeat its major objective: the
vouchers, journals, correspondence, elimination of general warrants.
receipts, ledgers, portfolios, credit
journals, typewriters, and other 3. NO. Relying upon Moncado vs. People's
documents and/or papers showing all Court (80 Phil. 1), Respondent-
business transactions including Prosecutors maintain that, even if the
disbursement receipts, balance sheets searches and seizures under
and related profit and loss statements." consideration were unconstitutional, the
documents, papers and things thus seized
Thus, the warrants authorized the search are admissible in evidence against
for and seizure of records pertaining to petitioners herein.
ALL business transactions of petitioners
herein, regardless of whether the Upon mature deliberation, however, we are
transactions were legal or illegal. The unanimously of the opinion that the
warrants sanctioned the seizure of all position taken in the Moncado case must
records of the petitioners and the be abandoned. Said position was in line
aforementioned corporations, whatever with the American common law rule, that
their nature, thus openly contravening the the criminal should not be allowed to go
explicit command of our Bill of Rights — free merely "because the constable has
that the things to be seized be particularly blundered," upon the theory that the
described — as well as tending to defeat constitutional prohibition against
its major objective: the elimination of unreasonable searches and seizures is
general warrants. protected by means other than the
exclusion of evidence unlawfully obtained,
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such as the common-law action for Resolution of June 29, 1962 are null and
damages against the searching officer, void.
against the party who procured the
issuance of the search warrant and
against those assisting in the execution of CAN A PERSON INVOKE THIS RIGHT
an illegal search, their criminal AGAINST SS ON BEHALF OF ANOTHER
punishment, resistance, without liability INDIVIDUAL?
to an unlawful seizure, and such other - No. It is a personal right.
legal remedies as may be provided by - A corporation has a separate and
other laws. distinct personality. A board
resolution is needed to invoke this
However, most common law jurisdictions right on behalf of a corporation.
have already given up this approach and
eventually adopted THE EXCLUSIONARY HYPO:
RULE, realizing that this is the only DAR EMPLOYEE SEARCHED THE
practical means of enforcing the CLOSET OF HER FRIEND AND FOUND
constitutional injunction against SHABU, CAN HER FRIEND INVOKE
unreasonable searches and seizures. In RIGHT AGAINST UNREASONABLE SS
the language of Judge Learned Hand: AGAINST THE STATE?
- No. It may be invoked only if the
"As we understand it, the reason for the search is made by law enforcement
exclusion of evidence competent as such, agencies and the State itself.
which has been unlawfully acquired, is
that exclusion is the only practical way
of enforcing the constitutional privilege.
In earlier times the action of trespass
against the offending official may have LEOVIGILDO U. MANTARING,
been protection enough; but that is true complainant, vs. JUDGE MANUEL A.
no longer. Only in case the prosecution ROMAN, JR., RTC, Branch 42,
which itself controls the seizing officials, Pinamalayan, Oriental Mindoro; and
knows that it cannot profit by their JUDGE IRENEO B. MOLATO, MTC,
wrong, will that wrong be repressed". Bongabon, Oriental Mindoro,
respondents.
We hold, therefore, that the doctrine [A.M. No. RTJ-93-964. February 28,
adopted in the Moncado case must be, as 1996] Mendoza, J.:
it is hereby, abandoned; that the warrants
for the search of three (3) residences of Facts: On the application by a police
herein petitioners, as specified in the officer, respondent judge issued a search
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(1) personally evaluate the report and the phrase “other responsible officers as may
supporting documents submitted by the be authorized by law” was omitted.
fiscal regarding the existence of probable
cause and, on the basis thereof, issue a Issue: Is the petitioner’s contention
warrant of arrest; or correct?
(2) if on the basis thereof he finds no
probable cause, he may disregard the Held: No. The pertinent Constitutional
fiscal's report and require the submission provision is highlighted herein below:
of supporting affidavits of witnesses to
aid him in arriving at a conclusion as to Art. III, Sec. 2. The right of the people to
the existence of probable cause. Sound be secure in their persons, houses,
policy dictates this procedure, otherwise papers and effects against
judges would be unduly laden with the unreasonable searches and seizures of
preliminary examination and whatever nature and for any purpose
investigation of criminal complaints shall be inviolable, and no search
instead of concentrating on hearing and warrant or warrant of arrest shall
deciding cases filed before their courts. issue except upon probable cause to be
determined personally by the judge
after examination under oath or
SOLIVEN VS MAKASIAR affirmation of the complainant and the
GR No. 82585, November 14, 1988 witnesses he may produce, and
particularly describing the place to be
Facts: Petitioner Luis Beltran contends, searched and the persons or things to
among others, that his constitutional be seized.
rights were violated when respondent
judge issued a warrant of arrest against The addition of the word "personally"
him without personally examining the after the word "determined" and the
complainant and the witnesses, if any, to deletion of the grant of authority by the
determine probable cause. Petitioner 1973 Constitution to issue warrants to
contends that the Constitution now "other responsible officers as may be
requires the judge to personally examine authorized by law", has apparently
the complainant and his witnesses in his convinced petitioner Beltran that the
determination of probable cause for the Constitution now requires the judge to
issuance of warrants of arrests. personally examine the complainant and
The basis for his contention was the fact his witnesses determination of probable
that the word “personally” was added cause for the issuance of warrants of
after the word “determined”, and the arrest. This is not an accurate
interpretation.
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the record their sworn statements Warrant No. 1, directing the police
together with any affidavits submitted." officers to search the room of Marlon
Silva in the residence of Nicomedes Silva
Based on the aforecited constitutional and for violation of RA 6425 otherwise known
statutory provisions, the judge must, as Dangerous Drugs Act of 1972. During
before issuing a search warrant, the search conducted by the police
determine whether there is probable officers, they also seized money belonging
cause by examining the complainant and to petitioner Antonieta Silva
witnesses through searching questions amounting to P1,231.40.
and answers.
Thereafter, Antonieta Silva filed a motion
In the case of Prudente vs. Dayrit, G.R. No. for the return of the said amount on the
82870, December 14, 1989, 180 SCRA 69, ground that the search warrant only
767 this Court defined "probable cause" authorized the police officers to seize
as follows: "The 'probable cause' for a marijuana dried leaves, cigarettes and
valid search warrant, has been defined 'as joint, and that said officers failed or
such facts and circumstances which would refused to make a return of the said
lead a reasonably discreet and prudent search warrant in violation of Sec. 11,
man to believe that an offense has been Rule 126 of the Rules of Court.
committed, and that objects sought in
connection with the offense are in the place Issue: Whether or not petitioners’ right to
sought to be searched'. This probable cause personal liberty and security of homes
must be shown to be within the personal against unreasonable searches and
knowledge of the complainant or the seizures as contemplated in Art. III, Sec. 2
witnesses he may produce and not based of the 1987 Constitution was violated.
on mere hearsay."
Held: Yes. The abovementioned section
and Secs. 3 and 4, Rule 126 of the Rules of
SILVA vs. HON. Judge of RTC of Negros Court provide that the judge must, before
Oriental issuing a search warrant, determine,
GR No. 81756, October 21, 1991 whether there is probable cause by
examining the complainant and witness
Facts:
through searching questions and
On June 12, 1986, Villamor, Jr., chief of the
answers. The Court held that the judge
PC Narcom Detachment in Dumaguete
failed to comply with the legal
City, Province of Negros Oriental, filed an
requirement that he must examine the
Application for Search Warrant with the
applicant and his witness in the form of
RTC against petitioners Silva. Respondent
Judge, on the same day issued Search searching questions and answers in order
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The depositions of the witnesses did not "Moreover, a perusal of the deposition of
only contain leading questions but it P/Lt. Florencio Angeles shows that it was
was also very broad. The questions too brief and short. RESPONDENT JUDGE
propounded to the witnesses were in DID NOT EXAMINE HIM 'IN THE FORM
fact, not probing but were merely OF SEARCHING QUESTIONS AND
routinary. The deposition was already ANSWERS'. ON THE CONTRARY, THE
mimeographed and all that the QUESTIONS ASKED WERE LEADING AS
witnesses had to do was fill in their THEY CALLED FOR A SIMPLE 'YES' OR
answers on the blanks provided. 'NO' ANSWER. As held in Quintero vs. NBI,
'the questions propounded by respondent
“The 'probable cause' required to justify Executive Judge to the applicant's witness
the issuance of a search warrant are not sufficiently searching to establish
comprehends such facts and probable cause. Asking of leading
circumstances as will induce a cautious questions to the deponent in an
man to rely upon them and act in pursuant application for search warrant, and
thereof.Of the 8 questions asked, the 1st, conducting of examination in a general
2nd and 4th pertain to identity. The 3rd manner, would not satisfy the
and 5th are leading not searching requirements for issuance of a valid
questions. The 6th, 7th and 8th refer to search warrant." Thus, in issuing a
the description of the personalities to be search warrant, the judge must strictly
seized, which is identical to that in the comply with the constitutional and
Search Warrant and suffers from the statutory requirement that he must
same lack of particularity. The determine the existence of probable
examination conducted WAS GENERAL cause by personally examining the
IN NATURE AND MERELY REPETITIOUS applicant and his witnesses in the form
of the deposition of said witness. Mere of searching questions and answers. His
generalization will not suffice and does failure to comply with this requirement
not satisfy the requirements or constitutes grave abuse of discretion. As
probable cause upon which a warrant "the capricious disregard by the judge in
may issue." not complying with the requirements
before issuance of search warrants
Likewise, this Court previously declared constitutes abuse of discretion". The
that search warrants issued are invalid if officers implementing the search warrant
it is due to the failure of the judge to clearly abused their authority when they
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And, in a case directly in point, where the P4,000.00. She married Morano, a Filipino
power of the Commissioner to issue citizen. The Commissioner of Immigration
warrants of arrest was challenged as asked them to leave the country due to
unconstitutional because "such power is the expiration of the extensions they
only vested in a judge by Section 1, applied for. Instead of leaving, they
paragraph 3, Article III of our petitioned the CFI of Manila for mandamus
Constitution", this Court declared — to compel the Commissioner to cancel
petitioners’ Alien Certificate of
"This argument overlooks the fact that the Registration; prohibition to stop the
stay of appellant Ng Hua To as temporary Commissioner from issuing a warrant of
visitor is subject to certain contractual arrest. The trial court ruled in favour of
stipulations as contained in the cash bond Chan but dismissed the petition with
put up by him, among them, that in case of respect to Fu Yan Fun. Both petitioners
breach the Commissioner may require the and respondent appealed. Petitioners
recommitment of the person in whose assail the constitutionality of Sec. 37 (a) of
favor the bond has been filed. The the Immigration Act of 1940, which states
Commissioner did nothing but to enforce that, “The following aliens shall be arrested
such condition. Such a step is necessary to upon the warrant of the Commissioner of
enable the Commissioner to prepare the Immigration or any other officer
ground for his deportation under section designated by him for the purpose and
37 (a) of Commonwealth Act 613. A deported upon the warrant of the
contrary interpretation would render Commissioner of Immigration after a
such power nugatory to the detriment of determination by the Board of
the State." Commissioners of the existence of the
ground deportation as charged against the
alien xxx.” Petitioners contend that the
above provision trenches upon the
MORANO VS VIVO constitutional mandate in Art. III, Sec. 1
GR no. L-22196, June 30, 1967 (3). They say that the Constitution limits
to judges the authority to issue
Facts: On November 23, 1961, Petititoner warrants of arrest.
Chan Sau Wah, a Chinese citizen, arrived
in the Philippines to visit her cousin, Issue: Whether or not Sec. 37 (a) of the
Sameul Malaps, together with her minor Immigration Act of 1940 is
son, with her first marriage, Fu Yan Fun. unconstitutional.
They were permitted in the Philippines
under a temporary visitor’s visa for 2 Held: No. The Court held that, Sec. 1 (3),
months after they posted a cash bond of Art. III does not require judicial
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existence of probable cause justified the the beginning" (Matsura vs. Director of
arrest and the seizure of the photo Prisons, 77 Phil. 1050 [1947]).
negatives, photographs and posters
without warrant. Those articles were That petitioners were not "caught in the
seized as an incident to a lawful arrest act" does not make their arrest illegal.
and, are therefore, admissible in Petitioners were found with young boys
evidence (Section 12, Rule 126, 1985 in their respective rooms , the ones with
Rules on Criminal Procedure). John Sherman being naked, Under those
circumstances the CID agents had
2. YES. Even assuming arguendo that reasonable grounds to believe that
the arrest of petitioners was not valid at petitioners had committed "pedophilia"
its inception, the records show that defined as "psycho sexual perversion
formal deportation charges have been involving children" ( Kraft-Ebbing
filed against them, as undesirable Psychopatia Sexualis, p. 555; "Paraphilia
aliens, on 4 March 1988. Warrants of (or unusual sexual activity) in which
arrest were issued against them on 7 children are the preferred sexual object"
March 1988 "for violation of Section 37, (Webster's Third New International
45 and 46 of the Immigration Act and Dictionary, 1971 ed., p. 1665) [Solicitor
Section 69 of the Administrative Code." A General's Return of the Writ, on p. 10].
hearing is presently being conducted by While not a crime under the Revised
a Board of Special Inquiry. The restraint Penal Code, it is behavior offensive to
against their persons, therefore, has public morals and violative of the
become legal. The Writ has served its declared policy of the State to promote
purpose. The process of the law is being and protect the physical, moral,
followed (Cruz vs. Montoya, L-39823, spiritual, and social well-being of our
February 25, 1975, 62 SCRA 543). youth (Article II, Section 13, 1987
"Where a person's detention was later Constitution). At any rate, the filing by
made by virtue of a judicial order in petitioners of a petition to be released
relation to criminal cases subsequently on bail should be considered as a
filed against the detainee, his petition waiver of any irregularity attending
for habeas corpus becomes moot and their arrest and estops them from
academic" (Beltran vs. Garcia, L-49014, questioning its validity (Callanta v.
April 30, 1979, 89 SCRA 717). "It is a Villanueva, L-24646 & L-24674, June 20,
fundamental rule that a writ of habeas 1977, 77 SCRA 377; Bagcal vs. Villaraza, L-
corpus will not be granted when the 61770, January 31, 1983, 120 SCRA 525).
confinement is or has become legal,
although such confinement was illegal at 3. NO. The deportation charges instituted
by respondent Commissioner are in
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accordance with Section 37(a) of the with ordinary Court proceedings. "It is
Philippine Immigration Act of 1940, in of course well-settled that deportation
relation to Section 69 of the Revised proceedings do not constitute a
Administrative Code. Section 37(a) criminal action. The order of
provides in part: deportation is not a punishment, it
being merely the return to his country
(a) The following aliens shall be of an alien who has broken the
arrested upon the warrant of the conditions upon which he could
Commissioner of Immigration and continue to reside within our borders.
Deportation or any other officer The deportation proceedings are
designated by him for the purpose and administrative in character, summary
deported upon the warrant of the in nature, and need not be conducted
Commissioner of Immigration and strictly in accordance with the ordinary
Deportation after a determination by court proceedings . It is essential ,
the Board of Commissioners of the however, that the warrant of arrest
existence of the ground for deportation shall give the alien sufficient
as charged against the alien; information about the charges against
him, relating the facts relied upon. It is
The foregoing provision should be also essential that he be given a fair
construed in its entirety in view of the hearing with theassistance of counsel, if
summary and indivisible nature of a he so desires, before unprejudiced
deportation proceeding, otherwise, the investigators. However, all the strict
very purpose of deportation proceedings rules of evidence governing judicial
would be defeated. controversies do not need to be
observed; only such as are fundamental
Section 37(a) is not constitutionally and essential, like the right of cross-
proscribed (Morano vs. Vivo, L- 22196, examination.
June 30, 1967, 20 SCRA 562). The
specific constraints in both the 1935 - FINAL ORDER is not intended to
and 1987 Constitutions, which are acquire jurisdiction over the
substantially identical, contemplate person.
prosecutions essentially criminal in
nature. Deportation proceedings, on the
other hand, are administrative in
character . An order of deportation is SALAZAR VS. ACHACOSO [183 SCRA
never construed as a punishment. It is 145; G.R. NO. 81510; 14 MAR 1990]
preventive, not a penal process. It need
not be conducted strictly in accordance
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Facts: Rosalie Tesoro of Pasay City in a confiscated against her will and were
sworn statement filed with the POEA, done with unreasonable force and
charged petitioner with illegal intimidation.
recruitment. Public respondent Atty.
Ferdinand Marquez sent petitioner a
telegram directing him to appear to the Issue: Whether or Not the Philippine
POEA regarding the complaint against Overseas Employment Administration (or
him. On the same day, after knowing that the Secretary of Labor) can validly issue
petitioner had no license to operate a warrants of search and seizure (or arrest)
recruitment agency, public respondent under Article 38 of the Labor Code
Administrator Tomas Achacoso issued a
Closure and Seizure Order No. 1205 to
petitioner. It stated that there will a Held: Under the new Constitution, “. . . no
seizure of the documents and search warrant or warrant of arrest shall
paraphernalia being used or intended to issue except upon probable cause to be
be used as the means of committing illegal determined personally by the judge after
recruitment, it having verified that examination under oath or affirmation of
petitioner has— (1) No valid license or the complainant and the witnesses he
authority from the Department of Labor may produce, and particularly describing
and Employment to recruit and deploy the place to be searched and the persons
workers for overseas employment; (2) or things to be seized”. Mayors and
Committed/are committing acts prosecuting officers cannot issue
prohibited under Article 34 of the New warrants of seizure or arrest. The Closure
Labor Code in relation to Article 38 of the and Seizure Order was based on Article
same code. A team was then tasked to 38 of the Labor Code. The Supreme Court
implement the said Order. The group, held, “We reiterate that the Secretary of
accompanied by mediamen and Labor, not being a judge, may no longer
Mandaluyong policemen, went to issue search or arrest warrants. Hence,
petitioner’s residence. They served the the authorities must go through the
order to a certain Mrs. For a Salazar, who judicial process. To that extent, we
let them in. The team confiscated assorted declare Article 38, paragraph (c), of the
costumes. Petitioner filed with POEA a Labor Code, unconstitutional and of no
letter requesting for the return of the force and effect… The power of the
seized properties, because she was not President to order the arrest of aliens for
given prior notice and hearing. The said deportation is, obviously, exceptional. It
Order violated due process. She also (the power to order arrests) cannot be
alleged that it violated sec 2 of the Bill of made to extend to other cases, like the
Rights, and the properties were one at bar. Under the Constitution, it is
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the search warrant must be based upon defined in the Constitution or in General
an application supported by oath of the Orders, No. 58, and it is said to have no
applicant and the witnesses he may fixed, absolute or unchangeable meaning,
produce. although the term has been defined in
general language. All illegal searches and
OATH, DEFINITION - In its broadest seizures are unreasonable while lawful
sense, an oath includes any form of ones are reasonable. What constitutes a
attestation by which a party signifies that reasonable or unreasonable search or
he is bound in conscience to perform an seizure in any particular case is purely a
act faithfully and truthfully; and it is judicial question, determinable from a
sometimes defined as an outward pledge consideration of the circumstances
given by the person taking it that his involved, including the purpose of the
attestation or promise is made under an search, the presence or absence of
immediate sense of his responsibility to probable cause, the manner in which the
God. The oath required must refer to the search and seizure was made, the place or
truth of the facts within the personal thing searched, and the character of the
knowledge of the petitioner or his articles procured.
witnesses, because the purpose thereof is
to convince the committing magistrate, IN ISSUING WARRANTS, WITNESSES
not the individual making the affidavit ARE NOT NECESSARY AS LONG AS THE
and seeking the issuance of the warrant, PROBABLE CAUSE IS SUFFICIENTLY
of the existence of probable cause. The ESTABLISHED BY THE COMPLAINANT.
true test of sufficiency of an affidavit to Another ground alleged by the petitioner
warrant issuance of a search warrant is in asking that the search warrant be
whether it has been drawn in such a declared illegal and cancelled is that it
manner that perjury could be charged was not supported by other affidavits
thereon and affiant be held liable for aside from that made by the applicant. In
damages caused. other words, it is contended that the
search warrant cannot be issued unless it
UNREASONABLE SEARCH AND SEIZURE be supported by affidavits made by the
- It will likewise be noted that section 1, applicant and the witnesses to be
paragraph 3, of Article III of the presented necessarily by him. Section 1,
Constitution prohibits unreasonable paragraph 3, of Article III of the
searches and seizures. Unreasonable Constitution provides that no warrants
searches and seizures are a menace shall issue but upon probable cause, to be
against which the constitutional determined by the judge after
guaranties afford full protection. The term examination under oath or affirmation of
"unreasonable search and seizure" is not the complainant and the witnesses he
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information received by him from a on the ground that the agents seized even
reliable person . the originals of the documents. As the
articles had not been brought
Upon the affidavit in question the judge, immediately to the judge who issued the
on said date, issued the warrant which is search warrant, the petitioner, through
the subject matter of the petition, his attorney, filed a motion on June 8,
ordering the search of the petitioner's 1936, praying that the agent Emilio L.
house at any time of the day or night, the Siongco, or any other agent, be ordered
seizure of the books and documents immediately to deposit all the seized
abovementioned and the immediate articles in the office of the clerk of court
delivery thereof to him to be disposed of and that said agent be declared guilty of
in accordance with the law. With said contempt for having disobeyed the order
warrant, several agents of the Anti-Usury of the court. The petitioner asks that the
Board entered the petitioner's store and warrant of June 3, 1936, issued by the
residence at seven o'clock on the night of Court of First Instance of Tayabas,
June 4, 1936, and seized and took ordering the search of his house and the
possession of the following articles: seizure, at any time of the day or night, of
internal revenue licenses for the years certain accounting books, documents and
1933 to 1936, one ledger, two journals, papers belonging to him in his residence
two cashbooks, nine order books, four situated in Infanta, Province of Tayabas,
notebooks, four check stubs, two as well as the order of a later date,
memorandums, three bankbooks, two authorizing the agents of the Anti-Usury
contracts, four stubs, forty-eight stubs of Board to retain the articles seized, be
purchases of copra, two inventories, two declared illegal and set aside, and prays
bundles of bills of lading, one bundle of that all the articles in question be
credit receipts, one bundle of stubs of returned to him.
purchases of copra, two packages of
correspondence, one receipt book Issue: Is the warrant of arrest herein
belonging to Luis Fernandez, fourteen illegally issued?
bundles of invoices and other papers,
many documents and loan contracts with Held: YES. Section 1, paragraph 3, of
security and promissory notes, 504 chits, Article III of the Constitution, relative to
promissory notes and stubs of used the bill of rights, provides that "The right
checks of the Hongkong & Shanghai of the people to be secure in their persons,
Banking Corporation. The search for and houses, papers, and effects against
seizure of said articles were made with unreasonable searches and seizures shall
the opposition of the petitioner who not be violated, and no warrants shall
stated his protest below the inventories issue but upon probable cause, to be
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only on the affidavit of the agent who technical description be given, as this
had no personal knowledge of the facts. would mean that no warrant could
issue. The only description of the articles
The petitioner alleged as another ground given in the affidavit presented to the
for the declaration of the illegality of the judge was as follows: "that there are being
search warrant and the cancellation kept in said premises books, documents,
thereof, the fact that it authorized its receipts, lists, chits and other papers used
execution at night. Section 101 of General by him in connection with his activities as
Orders, No. 58 authorizes that the search money-lender, charging a usurious rate of
be made at night when it is positively interest, in violation of the law."
asserted in the affidavit that the property
is on the person or in the place ordered to Taking into consideration the nature of
be searched. As we have declared the the articles so described, it is clear that
affidavit insufficient and the warrant no other more adequate and detailed
issued exclusively upon it illegal, our description could have been given,
conclusion is that the contention is equally particularly because it is difficult to
well founded and that the search could not give a particular description of the
legally be made at night. contents thereof. The description so
made substantially complies with the
One of the grounds alleged by the legal provisions because the officer of
petitioner in support of his contention that the law who executed the warrant was
the warrant was issued illegally is the thereby placed in a position enabling
lack of an adequate description of the him to identify the articles, which he did.
books and documents to be seized. The last ground alleged by the petitioner,
Section 1, paragraph 3, of Article III of the in support of his claim that the search
Constitution, and section 97 of General warrant was obtained illegally, is that
Orders, No. 58 provide that the affidavit the articles were seized in order that
to be presented, which shall serve as the the Anti-Usury Board might provide
basis for determining whether probable itself with evidence to be used by it in
cause exists and whether the warrant the criminal case or cases which might
should be issued, must contain a be filed against him for violation of the
particular description of the place to be Anti-Usury Law. (fishing expedition) At
searched and the person or thing to be the hearing of the incidents of the case
seized. These provisions are mandatory raised before the court, it clearly
and must be strictly complied with but appeared that the books and documents
where, by the nature of the goods to be had really been seized to enable the Anti-
seized, their description must be rather Usury Board to conduct an investigation
general, it is not required that a and later use all or some of the articles in
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Mata vs. Bayona [G.R. No. 50720, March We, therefore, hold that the search
26, 1984] warrant is tainted with illegality by the
failure of the Judge to conform with the
BEFORE ISSUING SEARCH WARRANTS, essential requisites of taking the
THE JUDGE MUST CONDUCT depositions in writing and attaching them
DEPOSITIONS to the record, rendering the search
AND ATTACH THEM TO THE RECORDS warrant invalid. The judge's insistence
OF THE CASE. Under the Constitution "no that she examined the complainants
search warrant shall issue but upon under oath has become dubious by
probable cause to be determined by the petitioner's claim that at the particular
Judge or such other responsible officer as time when he examined all the relevant
may be authorized by law after papers connected with the issuance of the
examination under oath or affirmation of questioned search warrant, after he
the complainant and the witnesses he demanded the same from the lower court
may produce". More emphatic and since they were not attached to the
detailed is the implementing rule of the records, he did not find any certification
constitutional injunction, Section 4 of at the back of the joint affidavit of the
Rule 126 which provides that the judge complainants. As stated earlier, before he
must before issuing the warrant filed his motion to quash the search
personally examine on oath or affirmation warrant and for the return of the articles
the complainant and any witnesses he seized, he was furnished, upon his request,
may produce and take their depositions in certified true copies of the said affidavits
writing, and attach them to the record, in by the Clerk of Court but which certified
addition to any affidavits presented to true copies do not bear any certification
him. at the back. Petitioner likewise claims that
his xerox copy of the said joint affidavit
Mere affidavits of the complainant and his obtained at the outset of this case does
witnesses are thus not sufficient. The
MILKTEA NOTES 2017 | POLITICAL LAW COMPENDIUM
"The oak fought the wind and was broken, the willow bent when it must and survived.”
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not show also the certification of then handed the records to the Fiscal who
respondent judge. This doubt becomes attached them to the records. This led
more confirmed by respondent Judge's Mata to file a motion to quash and annul
own admission, while insisting that she the search warrant and for the return of
did examine thoroughly the applicants, the articles seized, citing and invoking,
that "she did not take the deposition of among others, Section 4 of Rule 126 of the
Mayote and Goles because to have done Revised Rules of Court. The motion was
so would be to hold a judicial proceeding denied by the Judge, stating that the court
which will be open and public", such that, has made a thorough investigation and
according to her, the persons subject of examination under oath of Bernardo U.
the intended raid will just disappear and Goles and Reynaldo T. Mayote, members
move his illegal operations somewhere of the Intelligence Section of 352nd PC
else. Co./Police District II INP; that in fact the
court made a certification to that effect;
and that the fact that documents relating
SORIANO MATA VS BAYONA to the search warrant were not attached
GR 50720, March 26, 1984, De Castro J. immediately to the record of the criminal
case is of no moment, considering that the
Facts: Soriano Mata was accused under rule does not specify when these
Presidential Decree (PD) 810, as amended documents are to be attached to the
by PD 1306, the information against him records. Mata came to the Supreme Court
alleging that Soriano Mata offered, took and prayed that the search warrant be
and arranged bets on the Jai Alai game by declared invalid for its alleged failure to
“selling illegal tickets known as ‘Masiao comply with the requisites of the
tickets’ without any authority from the Constitution and the Rules of Court
Philippine Jai Alai & Amusement
Corporation or from the government Issue: Whether or not the search warrant
authorities concerned.” was valid.
Petitioner claims that during the hearing Held: NO. We hold that the search
of the case, he discovered that nowhere warrant is tainted with illegality for being
from the records of the said case could be violative of the Constitution and the Rules
found the search warrant and other of Court. Under the Constitution "no
pertinent papers connected to the issuance search warrant shall issue but upon
of the same, so that he had to inquire from probable cause to be determined by the
the City Fiscal its whereabouts, and to Judge or such other responsible officer as
which inquiry Judge Josephine K. Bayona may be authorized by law after
replied, “it is with the court”. The Judge examination under oath or affirmation of
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the complainant and the witnesses he the questioned search warrant, after he
may produce". More emphatic and demanded the same from the lower
detailed is the implementing rule of the court since they were not attached to
constitutional injunction, Section 4 of the records, he did not find any
Rule 126 which provides that the judge certification at the back of the joint
must before issuing the warrant affidavit of the complainants .
personally examine on oath or affirmation
the complainant and any witnesses he As stated earlier, before he filed his
may produce and take their depositions in motion to quash the search warrant and
writing, and attach them to the record, in for the return of the articles seized, he
addition to any affidavits presented to was furnished, upon his request, certified
him. Mere affidavits of the complainant true copies of the said affidavits by the
and his witnesses are thus not sufficient. Clerk of Court but which certified true
The examining Judge has to take copies do not bear any certification at the
depositions in writing of the back. Petitioner likewise claims that his
complainant and the witnesses he may xerox copy of the said joint affidavit
produce and to attach them to the obtained at the outset of this case does not
record . Such written deposition is show also the certification of respondent
necessary in order that the Judge may judge. This doubt becomes more
be able to properly determine the confirmed by respondent Judge's own
existence or non-existence of the admission, while insisting that she did
probable cause, to hold liable for examine thoroughly the applicants, that
perjury the person giving it if it will be "she did not take the deposition of Mayote
found later that his declarations are and Goles because to have done so would
false. be to hold a judicial proceeding which will
be open and public", such that, according
We, therefore, hold that the search to her, the persons subject of the intended
warrant is tainted with illegality by the raid will just disappear and move his
failure of the Judge to conform with the illegal operations somewhere else. Could it
essential requisites of taking the be that the certification was made
depositions in writing and attaching them belatedly to cure the defect of the
to the record, rendering the search warrant? Be that as it may, there was no
warrant invalid. The judge's insistence "deposition in writing" attached to the
that she examined the complainants records of the case in palpable disregard
under oath has become dubious by of the statutory prohibition heretofore
petitioner's claim that at the particular quoted. Respondent Judge impresses this
time when he examined all the relevant Court that the urgency to stop the illegal
papers connected with the issuance of gambling that lures every man, woman
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and child, and even the lowliest laborer The examination or investigation which
who could hardly make both ends meet must be under oath may not be in public.
justifies her action. She claims that in It may even be held in the secrecy of his
order to abate the proliferation of this chambers. Far more important is that the
illegal "masiao" lottery, she thought it examination or investigation is not
more prudent not to conduct the taking of merely routinary but one that is thorough
deposition which is done usually and and elicit the required information. To
publicly in the court room. repeat, it must be under oath and must be
in writing.
Two points must be made clear. The term
"depositions" is sometimes used in a WHAT IS A SEARCH WARRANT?
broad sense to describe any written - According to Section 1, Rule 126 of
statement verified by oath; but in its more the Rules of court, it is limited to
technical and appropriate sense the personal property.
meaning of the word is limited to written - The 10-day validity of search
testimony of a witness given in the course warrant is counted from date
of a judicial proceeding in advance of the - As for the warrant of arrest, it is
trial or hearing upon oral examination. valid until it is served.
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authorized only the search and seizure of Constitution of the Republic of the
".. the described quantity of Philippines).With the exclusion in
Methamphetamine Hydrochloride evidence of the illegally seized firearm,
commonly known as shabu and its there is, therefore, a total absence of
paraphernalia" (Exh. O, p. 50, original evidence to support the charge of illegal
record). Thus, the raiding party was possession of firearm, against accused-
authorized to seize only shabu and appellant. The same way may be said of
paraphernalia for the use thereof and no the charge of illegal possession of
other. A search warrant is not a sweeping ammunition.
authority empowering a raiding party to
undertake a fishing expedition to seize
and confiscate any and all kinds of
evidence or articles relating to a crime. PEOPLE OF THE PHILIPPINES vs
NORMANDO DEL ROSARIO
The Constitution itself (Section 2, Article G.R. No. 109633, July 20, 1994, MELO, J.
III) and the Rules of Court (Section 3,
Rule 126) specifically mandate that the Facts:
search warrant must particularly describe Upon application of SPO3 Raymundo
the things to be seized. Thus, the search Untiveros, RTC Judge Arturo de Guia
warrant was no authority for the police issued in the morning of September 4,
officers to seize the firearm which was 1991 a search warrant authorizing the
not mentioned, much less described with search and seizure of an "undetermined
particularly, in the search warrant. quantity of Methamphetamine
Neither may it be maintained that the gun Hydrochloride commonly known as
was seized in the course of an arrest, for shabu and its paraphernalias" in the
as earlier observed, accused-appellant's premises of appellant's house. However,
arrest was far from regular and legal. Said the search warrant was not implemented
firearm, having been illegally seized, the immediately due to the lack of police
same is not admissible in evidence personnel to form the raiding team. At
(Stonehill vs. Diokno, 20 SCRA 383 about 9 o'clock in the evening of that day,
[1967]). a raiding team was finally organized. In
the final briefing of the raiding team at the
The Constitution expressly ordains the police station, it was agreed upon that
exclusion in evidence of illegally seized PO1 Venerando Luna will buy shabu from
articles. Any evidence obtained in appellant and after his return from
violation of this or the preceding section appellant's house, the raiding team will
shall be inadmissible for any purpose in implement the search warrant. A marked
any proceeding.(Section 3 [2], Article III, money consisting of a P100 bill bearing
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serial no. PQ 329406 was given by the station and informed the raiding team that
Station Commander to PO1 Luna and he had already bought the shabu from
entered in the police logbook PO1 Luna accused-appellant. Thereupon, the raiding
with a companion proceeded to team proceeded to the house of accused-
appellant's house to implement the appellant to implement the search warrant.
search warrant. Barangay Capt. Maigue, The version of the prosecution is highly
Norma del Rosario and appellant incredible. The record is devoid of any
witnessed the search at appellant's house. reason why the police officers did not
SPO3 de la Cruz and PO3 Francisco found make any attempt to arrest accused-
a black canister containing shabu, an appellant at the time he allegedly sold the
aluminum foil, a paltik .22 caliber atop the shabu to Veneracion Luna who was
TV set, three used ammunitions in a cup accompanied by another police officer.
and three wallets, one containing the That was the opportune moment to arrest
marked money. SPO1 Novero found inside accused-appellant. The version foisted by
a show box aluminum foils, napkins and a the prosecution upon this Court is
burner. Normando del Rosario was contrary to human experience in the
charged with Illegal Possession of ordinary course of human conduct. The
Firearm and Ammunitions and Illegal Sale usual procedure in a buy-bust
of Regulated Drugs. operation is for the police officers to
arrest the pusher of drugs at the very
Issues: moment he hands over the dangerous
1. Whether or not the implementation of drug to the poseur-buyer. That is the
the search warrant was lawful and that every reason why such a police
the object seized may be used to prove operation is called a "BUY-BUST"
Del Rosario’s guilt? operation. The police poseur-buyer
"buys” dangerous drugs from the
2. Whether the ammunition was validly pusher and "bust" (arrests) him the
seized as an incident to a lawful arrest? moment the pusher hands over the drug
to the police officer.
Held:
We thus entertain serious doubts that the
1. No. According to the version of the shabu contained in a small canister was
prosecution, during the alleged buybust actually seized or confiscated at the
operation, accused-appellant handed over residence of accused-appellant. in
to Veneracion Luna, the alleged poseur- consequence, the manner the police
buyer, a quantity of shabu, and Luna in officers conducted the subsequent and
turn paid accused-appellant a marked much-delayed search is highly irregular.
100 bill and then returned to the police Upon barging into the residence of
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accused-appellant, the police officers which was not mentioned, much less
found him lying down and they described with particularity, in the
immediately arrested and detained him in search warrant .
the living room while they searched the
other parts of the house. Although they 2. NO. Neither may it be maintained that
fetched two persons to witness the search, the gun was seized in the course of an
the witnesses were called in only after the arrest, for as earlier observed, Del
policemen had already entered accused- Rosario's arrest was far from regular
appellant's residence (pp. 22-23, tsn, and legal. Said firearm, having been
December 11, 1991), and, therefore, the illegally seized, the same is not
policemen had more than ample time to admissible in evidence.
plant the shabu. At any rate, accused-
appellant cannot be convicted
ofpossession of the shabu contained in a
canister and allegedly seized at his
house, for the charge against him was SEARCH WARRANT WAS ISSUED FOR
for selling shabu. Sale is totally SS OF SHABU, BUT IN SERVICE, ALSO
different from possession. FOUND AN UNLICENSED FIREARM. IS IS
ADMISSIBLE?
Moreover, the search warrant - No. Only those objects described.
implemented by the raiding party Thus, the phrase “particularly
authorized only the search and seizure describe the things to be seized”.
shabu and paraphernalia for the use Moreover, it must be issued for
thereof and no other. “ the described one offense only. SW “not a
quantity of Methamphetamine sweeping authority.”
Hydrochloride commonly known as
shabu and its paraphernalia". A search WHAT IS THE DIFFERENCE BETWEEN
warrant is not a sweeping authority GENERAL WARRANT AND SCATTER-
empowering a raiding party to SHOT WARRANT?
undertake a finishing expedition to - “General warrants” are
seize and confiscate any and all kinds of proscribed and unconstitutional
evidence or articles relating to a crime. [Nolasco v. Pano, 139 SCRA 152;
The Constitution itself and the Rules of Burgos v. Chief of Staff, 133 SCRA
Court, specifically mandate that the 800], In Tambasen v. People, 246
search warrant must particularly SCRA 184, where the search
describe the things to be seized. Thus, warrant charged violations of two
the search warrant was no authority for special laws, it was considered a
the police officers to seize the firearm
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“scatter-shot warrant”, and was - Rule 113, Sec. 5; Rule 114, Sec. 23;
declared null and void. arrest by bondsman, etc.
While POs were searching for shabu, - The conspicuous illegality of the
they discovered unlicensed firearms. arrest cannot affect the jurisdiction
Plain view? of the trial court, because even in
- No. instances not allowed by law, a
(1) PVD is usually applied where warrantless arrest is not a
POs are not searching for evidence jurisdictional defect, and any
against the accused. objection thereto is waived when
(2) Inadvertently come across an the person arrested submits to
incriminating object – no further search. arraignment without any objection
(3) Right to be in the position. [People v. Del Rosario, G.R. No.
(4) Incriminating character must 127755, April 14, 1999].
be readily apparent.
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shall have primary jurisdiction [Malalaon erroneously filed with the RTC, it was
v. Court of Appeals, 232 SCRA 249], This error for the RTC Judge not to recall the
does not mean, however, that a Court, warrant of arrest issued, because
whose territorial jurisdiction does not contrary to her claim, the issuance of a
embrace the place to be searched, cannot warrant is not a ministerial function of
issue a search warrant therefor, where the judge [Alib v. Judge Labayen, AM No.
the obtention of such search warrant is RTJ-00- 1576, June 28, 2001],
necessitated and justified by compelling
considerations of urgency, subject, time Where a search warrant is issued by one
and place [llano v. Court of Appeals, 244 court and the criminal action based on the
SCRA 346]. results of the search is afterwards
commenced in another court, it is not the
The determination of the existence of rule that a motion to quash the warrant or
compelling considerations of urgency, and to retrieve things thereunder seized may
the subject, time and place necessitating be filed only with the issuing court. Such a
and justifying the filing of an application motion may be filed for the first time in
for a search warrant with a court other either the issuing court or that in which
than the court having territorial the criminal action is pending [People v.
jurisdiction over the place to be searched Court of Appeals, G.R. No. 126379, June
and things to be seized or where the 26, 1998]. However, the remedy is
materials are found is addressed to the alternative, not cumulative. The court first
sound discretion of the trial court where taking cognizance of the motion does so
the application is filed, subject to review to the exclusion of the other, and the
by the appellate court in case of grave proceedings thereon are subject to the
abuse of discretion amounting to excess Omnibus Motion Rule and the rule against
or lack of jurisdiction [People v. Chui, G.R. forum-shopping [Garaygay v. People, G.R.
No. 142915-16, February 27, 2004]. No. 135503, July 6, 2000] ,
But the moment an information is filed The judge may order the quashal of the
with the RTC, it is that court which must warrant he issued even after the same
issue the warrant of arrest. The MTC had already been implemented,
Judge who continued with the particularly when such quashal is based
preliminary investigation and issued on the finding that there is no offense
warrants of arrest violated procedure committed. This does not trench upon the
[Espino v. Judge Salubre, AM No. MTJ- duty of the prosecutor. The effect of such
00-1255, February 26, 2001]. If the case a quashal is that the items seized shall be
had already been remanded to the MTCC, inadmissible in evidence [Solid Triangle
after the information for perjury was Sales v. Sheriff, RTC QC, Br. 33, G.R. No.
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144309, November 30, 2001]. Indeed, Thereafter, the three men dragged Blace
when the warrant is shown to bedefective, to a place behind the house of Gerente. At
all evidence obtained from the search about 4:00 p.m. of the same day,
shall be inadmissible in evidence [People Patrolman Jaime Urrutia of the Valenzuela
v. Francisco, G.R. No. 129035, August 20, Police Station received a report from the
2002]. Palo Police Detachment about a mauling
incident. He went to the Valenzuela
District Hospital where the victim was
brought. He was informed by the hospital
PEOPLE VS GERENTE [GR 95847-48, officials that the victim died on arrival.
10 March 1993] The cause of death was massive fracture
First Division, Grino-Aquino (J): 3 of the skull caused by a hard and heavy
concur object. Right away, Patrolman Urrutia,
together with Police Corporal Romeo
Facts: Lima and Patrolman Alex Umali,
At about 7:00 a.m. of 30 April 1990, proceeded to Paseo de Blas where the
Gabriel Gerente, together with Fredo mauling incident took place. There they
Echigoren and Totoy Echigoren, allegedly found a piece of wood with blood stains, a
started drinking liquor and smoking hollow block and two roaches of
marijuana in Gerente's house which is marijuana. They were informed by Reyes
about 6 meters away from the house of that she saw the killing and she pointed to
Edna Edwina Reyes who was in her house Gabriel Gerente as one of the three men
on that day. She overheard the three men who killed Clarito. The policemen
talking about their intention to kill Clarito proceeded to the house of Gerente, who
Blace. She testified that she heard Fredo was then sleeping. They told him to come
Echigoren saying, "Gabriel, papatayin out of the house and they introduced
natin si Clarito Blace." Fredo and Totoy themselves as policemen.
Echigoren and Gerente carried out their
plan to kill Clarito Blace at about 2:00 p.m. Patrolman Urrutia frisked Gerente and
of the same day. Reyes allegedly found a coin purse in his pocket which
witnessed the killing. Fredo Echigoren contained dried leaves wrapped in
struck the first blow against Clarito Blace, cigarette foil. The dried leaves were sent
followed by Totoy Echigoren and Gabriel to the National Bureau of Investigation for
Gerente who hit him twice with a piece of examination. The Forensic Chemist found
wood in the head and when he fell, Totoy them to be marijuana. Only Gerente was
Echigoren dropped a hollow block on the apprehended by the police. The other
victim's head. suspects, Fredo and Totoy Echigoren, are
still at large. On 2 May 1990, two separate
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informations were filed by Assistant (a) When, in his presence, the person to
Provincial Prosecutor Benjamin Caraig be arrested has committed, is actually
against him for Violation of Section 8, Art. committing, or is attempting to commit an
II, of RA 6425, and for Murder. offense;
(b) When an offense has in fact just been
When arraigned on 16 May 1990, Gerente committed, and he has personal
pleaded not guilty to both charges. A joint knowledge of facts indicating that the
trial of the two cases was held. On 24 person to be arrested has committed it;"
September 1990, the Regional Trial Court
of Valenzuela, Metro Manila, Branch 172, The policemen arrested Gerente only
found Gerente guilty of Violation of some 3 hours after Gerente and his
Section 8 of Republic Act 6425 and companions had killed Blace. They saw
sentenced him to suffer the penalty of Blace dead in the hospital and when they
imprisonment for a term of 12 years and inspected the scene of the crime, they
1 day, as minimum, to 20 years, as found the instruments of death: a piece of
maximum; and also found him guilty of wood and a concrete hollow block which
Murder for which crime he was sentenced the killers had used to bludgeon him to
to suffer the penalty of reclusion death. The eye-witness, Edna Edwina
perpetua. . Gerente appealed. Reyes, reported the happening to the
policemen and pinpointed her neighbor,
Issue: Gerente, as one of the killers. Under those
Whether the police officers have the circumstances, since the policemen had
personal knowledge of the killing of Blace personal knowledge of the violent death
to allow them to arrest, and the of Blace and of facts indicating that
subsequent searchly Gerente’s person, Gerente and two others had killed him,
without the necessary warrant. they could lawfully arrest Gerente
without a warrant. If they had postponed
Held: his arrest until they could obtain a
The search of Gerente's person and the warrant, he would have fled the law as his
seizure of the marijuana leaves in his two companions did. The search
possession were valid because they were conducted on Gerente's person was
incident to a lawful warrantless arrest. likewise lawful because it was made as an
Paragraphs (a) and (b), Section 5, Rule incident to a valid arrest. This is in
113 of the Revised Rules of Court provide accordance with Section 12, Rule 126 of
that "A peace officer or a private person the Revised Rules of Court which provides
may, without a warrant, arrest a person: that "A person lawfully arrested may be
searched for dangerous weapons or
anything which may be used as proof of
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member of the New Peoples Army (NPA), elements, or for committing non-violent
an outlawed subversive organization. acts but in furtherance of the rebellion, is
Subversion being a continuing offense, the more an act of capturing them in the
arrest of Rolando Dural without warrant course of an armed conflict, to quell the
is justified as it can be said that he was rebellion, than for the purpose of
committing an offense when arrested. The immediately prosecuting them in court
crimes of rebellion, subversion, for a statutory offense. The arrest,
conspiracy or proposal to commit such therefore, need not follow the usual
crimes, and crimes or offenses committed procedure in the prosecution of offenses
in furtherance thereof or in connection which requires the determination by a
therewith constitute direct assaults judge of the existence of probable cause
against the State and are in the nature of before the issuance of a judicial warrant
continuing crimes. As stated by the Court of arrest and the granting of bail if the
in an earlier case: offense is bailable.
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judge of the existence of probable cause meters away from Regalado's house.
before the issuance of a judicial Fulgencio, within a distance of two meters
warrant of arrest and the granting of saw Sucro conduct his nefarious activity.
bail if the offense is bailable. The He saw Sucro talk to some persons, go
absence of a judicial warrant is no legal inside the chapel, and return to them and
impediment to arresting or capturing exchange some things. These, Sucro did
persons committing overt acts of violence three times during the time that he was
against government forces, or any other being monitored. Fulgencio would then
milder acts but equally in pursuance of relay the on-going transaction to P/Lt.
the rebellious movement. The arrest or Seraspi.
capture is thusimpelled by the exigencies of
the situation that involves the very survival
of society and its government and duly
constituted authorities. PEOPLE VS SUCRO
GR 93239, 18 March 1991
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Issue: Whether or not the arrest without What is the meaning of “in his
warrant is lawful. presence”?
- Not necessarily in the same place.
Held:
Physical presence not required.
Yes. Search and seizures supported by a Even sense of touch, smell, taste
valid warrant of arrest is not an etc. is sufficient.
absolute rule. Rule 126, Sec 12 of Rules
of Criminal Procedure provides that a
ABCD are in a drinking session in a 3x3
person lawfully arrested may be room. C and D fell asleep. Whey they
searched for dangerous weapons or awoke, they found A dead. Can they
anything, which may be used as proof of arrest B?
the commission of an offense, without a - No. Presence does not refer to
search warrant.(People v. Castiller. The physical presence. Physical presence
failure of the police officers to secure a
is not enough without any showing
warrant stems from the fact that their that they are conscious of what was
knowledge required from the surveillance happening while they were asleep.
was insufficient to fulfill requirements for
its issuance . However, warrantless 3 instances of warrantless arrest
search and seizures are legal as long as under Rule 113, Sec. 5
PROBABLE CAUSE existed. The police a. In flagrante
officers have personal knowledge of the b. Hot pursuit
actual commission of the crime from the c. Escapee’s arrest
surveillance of the activities of the d. person who jumped bail (section 23,
accused. As police officers were the ones rule 114)
conducting thesurveillance, it is
presumed that they are regularly in
performance of their duties.
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offense was committed and thus, the days after the discovery of the crime was
offense had not been “just” committed. unlawful. In People v. Kimura, 428 SCRA
51, the warrantless arrest of the accused
Furthermore, the arresting officers had no for selling marijuana two days after he
personal knowledge of facts indicating escaped was held invalid. Similarly, in San
that the person to be arrested had Agustin v. People, 432SCRA 392, the
committed the offense, since they were warrantless arrest of the barangay
not present and were not actual chairman for illegal detention seven days
eyewitnesses to the crime, and they after he locked up somebody was
became aware of the identity of the driver declared illegal.
of the getaway tricycle only during the
custodial investigation. The same iii) In People v. Cubcubin, G.R. No.
conclusion was reached in People v. 136267, October 02, 2001, it was held
Samus, G.R. No. 135957, September 17, that the policemen, not having “personal
2002, inasmuch as the killiing was not knowledge” of facts indicating that the
done in the presence of the arresting accused committed the crime, the arrest
officer, and the incident took place eight was invalid.
days before the warrantless arrest.
iv) But in People v. Gerente, 219 SCRA
In Go v. Court of Appeals, 206 SCRA 138, 756, where the policemen saw the victim
six days after the shooting, as the dead at the hospital and when they
petitioner presented himself before the inspected the crime scene, they found the
San Juan Police Station to verify news instruments of death — and the
reports that he was being hunted, the eyewitnesses reported the happening and
police detained him because an pointed to Gerente as one of the killers,
eyewitness had positively identified him the warrantless arrest of Gerente only
as the gunman who shot Maguan. The three hours after the killing was held
Court held that there was no valid arrest; valid, since the policemen had personal
it cannot be considered as within the knowledge of the violent death of the
meaning of “the offense had just been victim and of the facts indicating that
committed” inasmuch as six days had Gerente and two others had killed the
already elapsed; neither did the victim. Further, the search of Gerente’s
policemen have personal knowledge of person and the seizure of the marijuana
facts that Go shot Maguan. leaves were valid as an incident to a
lawful arrest. Thus, in Robin Padilla v.
In People v. Olivarez, G.R. No. 77865, Court of Appeals, G.R. No. 121917,
December 5, 1998, it was held that the March 12, 1997, the-Court held that
warrantless arrest of the accused two there was a valid arrest, as there was
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neither supervening event nor a the peace. Probable cause for an arrest
considerable lapse of time between the without warrant is such a reasonable
hit-and-run and the apprehension. After ground of suspicion supported by
the policemen had stationed themselves circumstances sufficiently strong in
at possible exits, they saw the fast themselves to warrant a reasonable man
approaching vehicle, its plate number, in believing the accused to be guilty. This
and the dented hood and railings thereof. was reiterated in People v. Escordial, G.R.
These formed part of the arresting Nos. 138934-35, January 16, 2002, where
officers’ personal knowledge of the fact the Supreme Court added that the
that Padilla’s vehicle was the one involved reasonable suspicion must be founded on
in the incident. probable cause, coupled with good faith
on the part of the peace officer making the
Likewise, in People v. Abriol, G.R. No. arrest.
123137, October 17, 2001, it was held
that the warrantless arrest was valid, as it In Cadua, the Supreme Court held that the
was made after the fatal shooting and arrest without warrant was valid. The fact
pursuit of a fast-moving vehicle seeking to that the robbery case was never brought
elude pursuing police officers, and a more to trial does not mean that the legality of
than reasonable belief on the part of the the arrest was tainted, for such arrest
police officers that the fleeing suspects does not depend upon the indubitable
aboard the motor vehicle had just existence of the crime. The legality of
engaged in criminal activity. apprehending the accused would not
depend on the actual commission of the
v) in Cadua v. Court of Appeals, G.R. No. crime but upon the nature of the deed,
123123, August 19, 1999, the Supreme where from such characterization it may
Court, quoting Ricardo Francisco, reasonably be inferred by the officer or
Criminal Procedure, 2nd ed. (1994), pp. functionary to whom the law at the
207-208, said that it has been ruled that moment leaves the decision for the urgent
“personal knowledge of facts” in arrests purpose of suspending the liberty of the
without a warrant must be based on citizen.
probable cause, which means an actual
belief or reasonable grounds of suspicion. vi) However, in People v.. Bans'll, G.R. No.
Peace officers may pursue and arrest 120163, March 10, 1999, the Supreme
without warrant any person found in Court held that there was no probable
suspicious places or under suspicious cause to justify the warrantless arrest,
circumstances reasonably tending to considering the following circumstances:
show that such person has committed, or the arresting team was only armed with
is about to commit, any crime or breach of the knowledge of the suspect’s “attire”
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which the prosecution witness admitted estopped from questioning the illegality
during the trial he could not even of his arrest when he voluntarily
remember; the team did not have a submitted himself to the jurisdiction of
physical description of the suspect nor his the court by entering a plea of not guilty
name; the team was not given a specific and by participating in the trial [People v.
place to search as only a vicinity of the Satvatierra, G.R. No. 104663. July 24,
Muslim area in Quiapo was given; and the 1997; People v. de Guzman, 224 SCRA
team zeroed in on the accused who were 93; People v. Lopez, 245 SCRA 95; People
eating halo-halo, which is not a crime in v. Tidula, 292 SCRA 596; People v.
itself. The “bulging waistline”, in light of Navarro, G.R. No. 130644. March 13,
prevailing circumstances, is insufficient to 1998].
constitute probable cause for the arrest of
the accused. It is necessary, therefore, that the
petitioner should question the validity of
vii) When the attempted arrest does not the arrest before he enters his. plea.
fall under any of the cases provided in Failure to do so would constitute a waiver
Rule 113, Sec. 5, Rules of Criminal of his right against unlawful restraint of
Procedure (for warrantless arrests), his liberty [People v. Cachola, G.R. Nos.
the NBI agents could not, regardless of 148712-15, January 21, 2004; People v.
their suspicion, authorize the arrest of the Penaflonda, G.R. No. 130550, September
students without a warrant, or even effect 2, 1999, citing Filoteo v. Sandiganbayan,
the arrest themselves, because only the 263 SCRA 222]. <
courts could decide the question of
probable cause [Posadas v. Ombudsman, i) Note, however, that the waiver is
G.R. No. 131492, September 29, 2000]. limited to the illegal arrest. It does
not extend to the search made as
c) When the person to be arrested is a an incident thereto, or to the
prisoner who has escaped from a penal subsequent seizure of evidence
establishment or place where he is allegedly found during the search.
serving final judgment or temporarily Thus, when the arrest is incipiently
confined while his case is pending, or has illegal — even if the right to
escaped while being transferred from one question the same is deemed
confinement to another. waived by the accused entering his
plea — it follows that the
d) When the right is voluntarily waived, subsequent search is similarly
then the illegality of the arrest may no illegal. Any evidence obtained in
longer be invoked to effect the release of violation of the constitutional
the person arrested. Appellant is provision is legally inadmissible in
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is decidedly contrary to the natural course house of Jovencio Rodrigueza was not
of things and inconsistent with the authorized by any search warrant. It does
aforestated purpose of a buy-bust not appear, either, that the situation falls
operation . It is rather absurd on his under any of the aforementioned cases.
part to let appellant escape without Hence, appellant's right against
having been subjected to the sanctions unreasonable search and seizure was
imposed by law. It is, in fact, a clearly violated. The NARCOM agents
dereliction of duty by an agent of the could NOT have justified their act by
law. invoking the urgency and necessity of the
situation because the testimonies of the
As provided in the present Constitution, a prosecution witnesses reveal that the place
search, to be valid, must generally be had already been put under surveillance
authorized by a search warrant duly issued for quite some time. Had it been their
by the proper government authority. True, intention to conduct the raid, then they
in some instances, this Court has allowed should, because they easily could, have
government authorities to conduct first secured a search warrant during
searches and seizures even without a that time.
search warrant . Thus,
(In the case at bar, the police officer,
(1) when the owner of the premises acting as poseur-buyer in a “buy-bust
waives his right against such incursion; operation”, inst5ead of arresting the
(2) when the search is incidental to a suspect and taking him into custody after
lawful arrest; the sale, returned to police headquarters
(3) when it is made on vessels and and filed his report. It was only in the
aircraft for violation of customs laws; evening of the same day that the police
(4) when it is made on automobiles for officer, without a warrant, arrested the
the purpose of preventing violations of suspect at the latter’s house where dried
smuggling or immigration laws; marijuana leaves were found and
(5) when it involves prohibited articles confiscated. It was held that the arrest
in plain view; or and the seizure were unlawful.)
(6) in cases of inspection of buildings
and other premises for the enforcement
of fire, sanitary and building Crime committed 5pm, warrantless
regulations, a search may be validly arrest made at 9pm, valid?
made even without a search warrant. - Hot pursuit arrest may be made if
there is “continuity” in the pursuit
In the case at bar, however, the raid from the time of the commission of
conducted by the NARCOM agents in the the crime. Read People vs. Ferrer?
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"Sec. 5. Arrest without warrant; when Moreover, none of the "arresting" officers
lawful. — A peace officer or a private had any "personal knowledge" of facts
person may, without a warrant, arrest a indicating that petitioner was the gunman
person: who had shot Maguan. The information
(a) When, in his presence, the person to upon which the police acted had been
be arrested has committed, is actually derived from statements made by alleged
committing, or is attempting to commit an eyewitnesses to the shooting -- one stated
offense; that petitioner was the gunman; another
(b) When an offense has in fact just been was able to take down the alleged
committed, and he has personal gunman's car's plate number which
knowledge of facts indicating that the turned out to be registered in petitioner's
person to be arrested has committed it; wife's name. That information did not,
and however, constitute "personal
(c) When the person to be arrested is a knowledge." It is thus clear to the Court
prisoner who has escaped from a penal that there was no lawful warrantless
establishment or place where he is arrest of petitioner within the meaning of
serving final judgment or temporarily Section 5 of Rule 113.
confined while his case is pending, or has
escaped while being transferred from one
confinement to another.
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It is thus clear to the Court that there was case at bar, there is no question that,
no lawful warrantless arrest of petitioner indeed, the latter is more reasonable
within the meaning of Section 5 of Rule considering that unlike in the former, it
113. was effected on the basis of a probable
cause. The probable cause is that when
What is the meaning of “just the petitioner acted suspiciously and
committed”? attempted to flee with the buri bag there
- There must be a sense of was a probable cause that he was
immediacy between the time the concealing something illegal in the bag
offense is committed and the time and it was the right and duty of the police
of the arrest, and if there was an officers to inspect the same. It is too much
appreciable lapse of time between indeed to require the police officers to
the arrest and the commission of search the bag in the possession of the
the crime, warrant of arrest must petitioner only after they shall have
be secured. (Nachura Reviewer obtained a search warrant for the
2009, p. 127) purpose. Such an exercise may prove to
be useless, futile and much too late.
A LAWFUL SEARCH WITHOUT A "The assailed search and seizure may still
WARRANT MAY BE MADE EVEN be justified as akin to a "stop and frisk"
WITHOUT BEING PRECEDED BY AN situation whose object is either to
ARREST. However, there are many determine the identity of a suspicious
instances where a warrant and seizure individual or to maintain the status quo
can be effected without necessarily being momentarily while the police officer seeks
preceded by an arrest, foremost of which to obtain more information. This is
is the "stop and search" without a search illustrated in the case of Terry vs. Ohio, 392
warrant at military or police checkpoints, U.S. 1 (1968). In this case, two men
the constitutionality or validity of which repeatedly walked past a store window
has been upheld by this Court in and returned to a spot where they
Valmonte vs. de Villa. apparently conferred with a third man.
This aroused the suspicion of a police
As between a warrantless search and officer. To the experienced officer, the
seizure conducted at military or police behavior of the men indicated that they
checkpoints and the search thereat in the were sizing up the store for an armed
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Where, for example, the officer merely military is susceptible of abuse by the
draws aside the curtain of a vacant men in uniform in the same manner that
vehicle which is parked on the public all governmental power is susceptible of
fair grounds, or simply looks into a abuse. But, at the cost of occasional
vehicle or flashes a light therein, these inconvenience, discomfort and even
do not constitute unreasonable search. irritation to the citizen, the checkpoints
The setting up of the questioned during these abnormal times, when
checkpoints in Valenzuela (and probably conducted within reasonable limits, are
in other areas) may be considered as a part of the price we pay for an orderly
security measure to enable the NCRDC society and a peaceful community."
to pursue its mission of establishing
effective territorial defense and Thus, as between a warrantless search
maintaining peace and order for the and seizure conducted at military or
benefit of the public. Checkpoints may police checkpoints and the search thereat
also be regarded as measures to thwart in the case at bar, there is no question
plots to destabilize the government in the that, indeed, the latter is more reasonable
interest of public security. In this considering that unlike in the former, it
connection, the Court may take judicial was effected on the basis of a probable
notice of the shift to urban centers and cause. The probable cause is that when
their suburbs of the insurgency the petitioner acted suspiciously and
movement, so clearly reflected in the attempted to flee with the buri bag there
increased killings in cities of police and was a probable cause that he was
military men by NPA "sparrow units," not concealing something illegal in the bag
to mention the abundance of unlicensed and it was the right and duty of the police
firearms and the alarming rise in officers to inspect the same. It is too much
lawlessness and violence in such urban indeed to require the police officers to
centers, not all of which are reported in search the bag in the possession of the
media, most likely brought about by petitioner only after they shall have
deteriorating economic conditions - obtained a search warrant for the
which all sum up to what one can rightly purpose. Such an exercise may prove to
consider, at the very least, as abnormal be useless, futile and much too late.
times. Between the inherent right of the
state to protect its existence and In People vs. CFI of Rizal, this Court held
promote public welfare and an as follows: ". . . In the ordinary cases
individual's right against a warrantless where warrant is indispensably necessary,
search which is however reasonably the mechanics prescribed by the
conducted, the former should prevail. Constitution and reiterated in the Rules of
True, the manning of checkpoints by the Court must be followed and satisfied. But
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We need not argue that there are Whereupon, the officer grabbed one of
exceptions. Thus in the extraordinary them, spun him around and frisked him.
events where warrant is not necessary to Finding a concealed weapon in one, he did
effect a valid search or seizure, or when the same to the other two and found
the latter cannot be performed except another weapon. In the prosecution for
without warrant, what constitutes a the offense of carrying a concealed
reasonable or unreasonable search or weapon, the defense of illegal search and
seizure becomes purely a judicial seizure was put up. The United States
question, determinable from the Supreme Court held that "a police officer
uniqueness of the circumstances involved, may in appropriate circumstances and in
including the purpose of the search or an appropriate manner approach a
seizure, the presence or absence of person for the purpose of investigating
probable cause, the manner in which the possible criminal behavior even though
search and seizure was made, the place or there is no probable cause to make an
thing searched and the character of the arrest." In such a situation, it is
articles procured." The Court reproduces reasonable for an officer rather than
with approval the following disquisition simply to shrug his shoulder and allow a
of the Solicitor General: "The assailed crime to occur, to stop a suspicious
search and seizure may still be justified as individual briefly in order to determine
akin to a "stop and frisk" situation whose his identity or maintain the status quo
object is either to determine the identity while obtaining more information. . . .
of a suspicious individual or to maintain
the status quo momentarily while the Clearly, the search in the case at bar can
police officer seeks to obtain more be sustained under the exceptions
information. heretofore discussed, and hence, the
constitutional guarantee against
This is illustrated in the case of Terry vs. unreasonable searches and seizures has
Ohio, 392 U.S. 1 (1968). In this case, two not been violated."
men repeatedly walked past a store
window and returned to a spot where
they apparently conferred with a third LAWFUL SEARCH MAY BE CONDUCTED
man. This aroused the suspicion of a EVEN WITHOUT PRIOR ARREST -
police officer. To the experienced officer, However, there are many instances where
the behavior of the men indicated that a warrant and seizure can be effected
they were sizing up the store for an without necessarily being preceded by an
armed robbery. When the police officer arrest, foremost of which is the "stop and
approached the men and asked them for search" without a search warrant at
their names, they mumbled a reply. military or police checkpoints, the
constitutionality or validity of which has
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been upheld …in Valmonte vs. de Villa, as they shall have obtained a search warrant
follows: for the purpose. Such an exercise may
prove to be useless, futile and much too
Petitioner Valmonte's general allegation late.
to the effect that he had been stopped and
searched without a search warrant by the The Court reproduces with approval the
military manning the checkpoints, following disquisition of the Solicitor
without more, i.e., without stating the General:
details of the incidents which amount to a
violation of his light against unlawful The assailed search and seizure may still
search and seizure, is not sufficient to be justified as akin to a "stop and frisk"
enable the Court to determine whether situation whose object is either to
there was a violation of Valmonte's right determine the identity of a suspicious
against unlawful search and seizure. Not individual or to maintain the status quo
all searches and seizures are prohibited. momentarily while the police officer
Those which are reasonable are not seeks to obtain more information. This is
forbidden. A reasonable search is not to illustrated in the case of Terry vs. Ohio,
be determined by any fixed formula but is 392 U.S. 1 (1968). In this case, two men
to be resolved according to the facts of repeatedly walked past a store window
each case. and returned to a spot where they
apparently conferred with a third man.
Thus, as between a warrantless search This aroused the suspicion of a police
and seizure conducted at military or officer. To the experienced officer, the
police checkpoints and the search thereat behaviour of the men indicated that they
in the case at bar, there is no question were sizing up the store for an armed
that, indeed, the latter is more reasonable robbery. When the police officer
considering that unlike in the former, it approached the men and asked them for
was effected on the basis of a probable their names, they mumbled a reply.
cause. The probable cause is that when Whereupon, the officer grabbed one of
the petitioner acted suspiciously and them, spun him around and frisked him.
attempted to flee with the buri bag there Finding a concealed weapon in one, he did
was a probable cause that he was the same to the other two and found
concealing something illegal in the bag another weapon. In the prosecution for
and it was the right and duty of the police the offense of carrying a concealed
officers to inspect the same. weapon, the defense of illegal search and
seizure was put up. The United States
It is too much indeed to require the police Supreme Court held that "a police officer
officers to search the bag in the may in appropriate circumstances and in
possession of the petitioner only after an appropriate manner approach a
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But the rule was not applied INVALID SEARCH AND ARREST. It is
in Malacat v. Court of submitted in the Appellant's Brief that the
Appeals, G.R. No. 123595, revolver should not have been admitted
December 12, 1997, where in evidence because of its illegal seizure,
police officers, conducting a no warrant therefor having been
patrol on the strength of an previously obtained. Neither could it have
information that a Muslim been seized as an incident of a lawful
group would explode a arrest because the arrest of Mengote was
grenade, saw petitioner and itself unlawful, having been also effected
companions attempting to without a warrant. The defense also
explode a grenade but who, contends that the testimony regarding the
upon seeing the policemen, alleged robbery in Danganan's house was
desisted and ran away; then, irrelevant and should also have been
two days later, police disregarded by the trial court. There is no
officers saw petitioner at a question that evidence obtained as a
street corner, accosted him result of an illegal search or seizure is
when his companions ran inadmissible in any proceeding for any
away, then searched him purpose. That is the absolute prohibition
and found a grenade. In this of Article III, Section 3(2), of the
case, the Supreme Court Constitution.
said that there was no valid
search because there was This is the celebrated EXCLUSIONARY
nothing in the behavior or RULE based on the justification given by
conduct of the petitioner Judge Learned Hand that "only in case the
which could have elicited prosecution which itself controls the
even mere suspicion other seizing officials, knows that it cannot
than that his eyes were profit by their wrong will the wrong be
moving fast. There was no repressed. The Solicitor General, while
conceding the rule, maintains that it is not
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applicable in the case at bar. His reason is information from the telephone caller,
that the arrest and search of Mengote and and about a crime that had yet to be
the seizure of the revolver from him were committed.
lawful under Rule 113, Section 5, of the
Rules of Court. We have carefully
examined the wording of this rule and PEOPLE VS MENGOTE G.R. No. 87059,
cannot see how we can agree with the June 22, 1992
prosecution. Par. (c) of Section 5 is
Facts:
obviously inapplicable as Mengote was
not an escapee from a penal institution The Western Police District received a
when he was arrested. We therefore telephone call from an informer that there
confine ourselves to determining the were three suspicious looking persons at
lawfulness of his arrest under either Par. the corner of Juan Luna and North Bay
(a) or Par. (b) of this section. Par. (a) Boulevard in Tondo, Manila. A
requires that the person be arrested surveillance team of plainclothesmen was
(1) after he has committed or while he is forthwith dispatched to the place. The
actually committing or is at least patrolmen saw two men looking from
attempting to commit an offense, side to side, one of whom holding his
(2) in the presence of the arresting officer. abdomen. They approached the persons
These requirements have not been and identified themselves as policemen,
established in the case at bar. At the time whereupon the two tried to run but
of the arrest in question, the accused- unable to escape because the other
appellant was merely "looking from side lawmen surrounded them. The suspects
to side" and "holding his abdomen," were then searched. One of them the
according to the arresting officers accused-appellant was found with a .38
themselves. There was apparently no caliber with live ammunitions in it, while
offense that had just been committed or his companion had a fan knife. The
was being actually committed or at least weapons were taken from them and they
being attempted by Mengote in their were turned over to the police
presence. Par. (b) is no less applicable headquarters for investigation. An
because its no less stringent requirements information was filed before the RTC
have also not been satisfied. The convicting the accused of illegal
prosecution has not shown that at the possession of firearm arm. A witness
time of Mengote's arrest an offense had in testified that the weapon was among the
fact just been committed and that the articles stolen at his shop, which he
arresting officers had personal knowledge reported to the police including the
of facts indicating that Mengote had revolver. For his part, Mengote made no
committed it. All they had was hearsay effort to prove that he owned the fire arm
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or that he was licensed to possess it but (a) When, in his presence, the person to be
instead, he claimed that the weapon was arrested has committed, is actually
planted on him at the time of his arrest. committing, or is attempting to commit an
He was convicted for violation of offense;
P.D.1866 and was sentenced to reclusion (b) When an offense has in fact just been
perpetua. In his appeal he pleads that the committed, and he has personal knowledge
weapon was not admissible as evidence of facts indicating that the person to be
against him because it had been illegally arrested has committed it; and
seized and therefore the fruit of a (c) When the person to be arrested is a
poisonous tree. prisoner who has escaped from a penal
establishment or place where he is serving
Issue: W/N Mengote can be held liable for final judgment or temporarily confined
illegal possession of firearms. while his case is pending, or has escaped
while being transferred from one
Held: NO. There is no question that confinement to another.
evidence obtained as a result of an illegal
search or seizure is inadmissible in any In cases falling under paragraphs (a) and
proceeding for any purpose. That is the (b) hereof, the person arrested without a
absolute prohibition of Article III, Section warrant shall be forthwith delivered to
3(2), of the Constitution. This is the the nearest police station or jail, and he
celebrated exclusionary rule based on the shall be proceeded against in accordance
justification given by Judge Learned Hand with Rule 112, Section 7. We have
that "only in case the prosecution, which carefully examined the wording of this
itself controls the seizing officials, knows rule and cannot see how we can agree
that it cannot profit by their wrong will with the prosecution. Par. (c) of Section 5
the wrong be repressed." is obviously inapplicable as Mengote was
not an escapee from a penal institution
The Solicitor General, while conceding the when he was arrested. We therefore
rule, maintains that it is not applicable in confine ourselves to determining the
the case at bar. His reason is that the lawfulness of his arrest under either Par.
arrest and search of Mengote and the (a) or Par. (b) of this section. Par. (a)
seizure of the revolver from him were requires that the person be arrested (1)
lawful under Rule 113, Section 5, of the after he has committed or while he is
Rules of Court reading as follows: actually committing or is at least
attempting to commit an offense, (2) in
Sec. 5. Arrest without warrant; when the presence of the arresting officer.
lawful. A peace officer or private person
may without a warrant, arrest a person:
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These requirements have not been at that busy hour in the blaze of the
established in the case at bar. At the time noonday sun.
of the arrest in question, the accused-
appellant was merely "looking from side On the other hand, there could have been a
to side" and "holding his abdomen," number of reasons, all of them innocent,
according to the arresting officers why his eyes were darting from side to side
themselves. There was apparently no and he was holding his abdomen. If they
offense that had just been committed or excited suspicion in the minds of the
was being actually committed or at least arresting officers, as the prosecution
being attempted by Mengote in their suggests, it has nevertheless not
presence. been shown what their suspicion was all
abou t . In fact, the policemen
The Solicitor General submits that the themselves testified that they were
actual existence of an offense was not dispatched to that place only because of
necessary as long as Mengote's acts the telephone call from the informer
"created a reasonable suspicion on the part that there were "suspicious-looking"
of the arresting officers and induced in persons in that vicinity who were about
them the belief that an offense had been to commit a robbery at North Bay
committed and that the accused-appellant Boulevard.(COMPARE THIS WITH PP vs.
had committed it." The question is, What POSADAS) . The caller did not explain why
offense? What offense could possibly have he thought the men looked suspicious nor
been suggested by a person "looking from did he elaborate on the impending crime. It
side to side" and "holding his abdomen" would be a sad day, indeed, if any
and in a place not exactly forsaken? person could be summarily arrested
These are certainly not sinister acts. And and searched just because he is holding
the setting of the arrest made them less so, his abdomen, even if it be possibly
if at all. It might have been different if because of a stomach-ache, or if a peace
Mengote had been apprehended at an officer could clamp handcuffs on any
ungodly hour and in a place where he had person with a shifty look on suspicion
no reason to be, like a darkened alley at 3 that he may have committed a criminal
o'clock in the morning. But he was arrested act or is actually committing or
at 11:30 in the morning and in a crowded attempting it. This simply cannot be
street shortly after alighting from a done in a free society. This is not a police
passenger jeep with his companion. He was state where order is exalted over liberty
not skulking in the shadows but walking in or, worse, personal malice on the part of
the clear light of day. There was nothing the arresting officer may be justified in
clandestine about his being on that street the name of security.
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In the recent case of People v. Malmstedt, officers. He was not even acting
the Court sustained the warrantless arrest suspiciously.
of the accused because there was a bulge
in his waist that excited the suspicion of In short, there was no probable cause that,
the arresting officer and, upon inspection, as the prosecution incorrectly suggested,
turned out to be a pouch containing dispensed with the constitutional
hashish. In People v. Claudio, the accused requirement of a warrant. Par. (b) is no
boarded a bus and placed the buri bag she less applicable because its no less
was carrying behind the seat of the stringent requirements have also not
arresting officer while she herself sat in the been satisfied. The prosecution has not
seat before him. His suspicion aroused, he shown that at the time of Mengote's
surreptitiously examined the bag, which he arrest an offense had in fact just been
found to contain marijuana. He then and committed and that the arresting officers
there made the warrantless arrest and had personal knowledge of facts
seizure that we subsequently upheld on the indicating that Mengote had committed it.
ground that probable cause had been All they had was hearsay information
sufficiently established. from the telephone caller, and about a
crime that had yet to be committed. The
The case before us is different because truth is that they did not know then what
there was nothing to support the offense, if at all, had been committed and
arresting officers' suspicion other than neither were they aware of the
Mengote's darting eyes and his hand on participation therein of the accused-
his abdomen. By no stretch of the appellant. It was only later, after
imagination could it have been inferred Danganan had appeared at the police
from these acts that an offense had just headquarters, that they learned of the
been committed, or was actually being robbery in his house and of Mengote's
committed, or was at least being supposed involvement therein. 8 As for
attempted in their presence. This case is the illegal possession or the firearm found
similar to People v. Aminnudin, where on Mengote's person, the policemen
the Court held that the warrantless arrest discovered this only after he had been
of the accused was unconstitutional. This searched and the investigation conducted
was effected while he was coming down a later revealed that he was not its owners
vessel, to all appearances no less innocent nor was he licensed to possess it.
than the other disembarking passengers.
He had not committed nor was he actually Before these events, the peace officers had
committing or attempting to commit an no knowledge even of Mengote' identity ,
offense in the presence of the arresting let alone the fact (or suspicion) that he
was unlawfully carrying a firearm or
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These requirements have not been note that the trial court confused the
established in the case at bar. At the time concepts of a "stop-andfrisk" and of a
of the arrest in question, the accused- search incidental to a lawful arrest. These
appellant was merely "looking from side two types of warrantless searches differ
to side" and "holding his abdomen," in terms of the requisite quantum of proof
according to the arresting officers before they may be validly effected and in
themselves. There was apparently no their allowable scope.
offense that had just been committed or
was being actually committed or at least In a search incidental to a lawful arrest, as
being attempted by Mengote in their the precedent arrest determines the
presence. validity of the incidental search, the
legality of the arrest is questioned in a
large majority of these cases, e.g., whether
an arrest was merely used as a pretext for
Malacat vs. Court of Appeals [G.R. No.
conducting a search. In this instance, the
123595, December 12, 1997]
law requires that there first be a lawful
arrest before a search can be made — the
INVALID APPLICATION OF SEARCH
INCIDENTAL TO A LAWFUL ARREST process cannot be reversed. At bottom,
AND STOP AND FRISK. Turning to valid assuming a valid arrest, the arresting
warrantless searches, they are limited to officer may search the person of the
arrestee and the area within which the
the following:
latter may reach for a weapon or for
evidence to destroy, and seize any money
(1) customs searches;
(2) search of moving vehicles; or property found which was used in the
commission of the crime, or the fruit of
(3) seizure of evidence in plain view;
the crime, or that which may be used as
(4) consent searches;
evidence, or which might furnish the
(5) a search incidental to a lawful arrest;
and arrestee with the means of escaping or
(6) a "stop and frisk." committing violence.
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Having thus shown the invalidity of the conditions, to warrant the belief that the
warrantless arrest in this case, plainly, the person detained has weapons concealed
search conducted on petitioner could not about him. Finally, a "stop-and-frisk"
have been one incidental to a lawful serves a two-fold interest:
arrest. We now proceed to the
justification for and allowable scope of a (1) the general interest of effective crime
"stop-and-frisk" as a "limited protective prevention and detection, which
search of outer clothing for weapons," underlies the recognition that a police
as laid down in Terry; thus: officer may, under appropriate
circumstances and in an appropriate
We merely hold today that where a police manner, approach a person for purposes
officer observes unusual conduct which of investigating possible criminal
leads him reasonably to conclude in light of behavior even without probable cause;
his experience that criminal activity may and
be afoot and that the persons with whom (2) the more pressing interest of safety
he is dealing may be armed and presently and self-preservation which permit the
dangerous, where in the course of police officer to take steps to assure
investigating this behavior he identifies himself that the person with whom he
himself as a policeman and makes deals is not armed with a deadly weapon
reasonable inquiries, and where nothing in that could unexpectedly and fatally be
the initial stages of the encounter serves to used against the police officer.
dispel his reasonable fear for his own or
others' safety, he is entitled for the
protection of himself and others in the area
to conduct a carefully limited search of the MALACAT VS COURT OF APPEALS
outer clothing of such persons in an
Facts:
attempt to discover weapons which might
be used to assault him. Such a search is a Ombudsman Vasquez required Rogado
reasonable search under the Fourth and Rivera of Economic Intelligence and
Amendment . . . Investigation Bureau (EIIB) to produce all
documents relating to Personal Service
Other notable points of Terry are that Funds yr. 1988 and all evidence for the
while probable cause is not required to whole plantilla of EIIB for 1988. The
conduct a "stop and frisk," it nevertheless subpoena duces tecum was issued in
holds that mere suspicion or a hunch will connection with the investigation of funds
not validate a "stop and frisk." A genuine representing savings from unfilled
reason must exist, in light of the police positions in the EIIB which were legally
officer's experience and surrounding disbursed. Almonte and Perez denied the
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"stop and frisk" with "the seizure of the Here, there could have been no valid in
grenade from the accused as an flagrante delicto or hot pursuit arrest
appropriate incident to his arrest," hence preceding the search in light of the lack
necessitating a brief discussion on the of personal knowledge on the part of Yu,
nature of these exceptions to the warrant the arresting officer, or an overt
requirement. At the outset, we note that physical act, on the part of petitioner,
the trial court confused the concepts of a indicating that a crime had just been
"STOP-AND-FRISK" and of a SEARCH committed, was being committed or
INCIDENTAL TO A LAWFUL ARREST. was going to be committed.
These two types of warrantless searches
differ in terms of the requisite quantum of Having thus shown the invalidity of the
proof before they may be validly effected warrantless arrest in this case, plainly, the
and in their allowable scope. search conducted on petitioner could not
have been one incidental to a lawful
In a SEARCH INCIDENTAL TO A arrest. We now proceed to the
LAWFUL ARREST, as the precedent arrest justification for and allowable scope of a
determines the validity of the incidental "STOP-AND-FRISK" as a "limited
search, the legality of the arrest is protective search of outer clothing for
questioned in a large majority of these weapons," as laid down in Terry, thus: We
cases, e.g., whether an arrest was merely merely hold today that where a police
used as a pretext for conducting a search. officer observes unusual conduct which
leads him reasonably to conclude in light of
In this instance, the law requires that there his experience that criminal activity may
first be a lawful arrest before a search can be afoot and that the persons with whom
be made the process cannot be reversed. At he is dealing may be armed and presently
bottom, assuming a valid arrest, the dangerous, where in the course of
arresting officer may search the person of investigating this behavior he identifies
the arrestee and the area within which the himself as a policeman and makes
latter may reach for a weapon or for reasonable inquiries, and where nothing in
evidence to destroy, and seize any money the initial stages of the encounter serves to
or property found which was used in the dispel his reasonable fear for his own or
commission of the crime, or the fruit of the others' safety, he is entitled for the
crime, or that which may be used as protection of himself and others in the area
evidence, or which might furnish the to conduct a carefully limited search of the
arrestee with the means of escaping or outer clothing of such persons in an
committing violence. attempt to discover weapons which might
be used to assault him. Such a search is a
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reasonable search under the Fourth Miranda two days earlier. This claim is
Amendment . . . neither supported by any police report or
record nor corroborated by any other
Other notable points of Terry are that police officer who allegedly chased that
while probable cause is not required to group. Aside from impairing Yu's
conduct a "stop and frisk," it credibility as a witness, this likewise
nevertheless holds that mere suspicion diminishes the probability that a genuine
or a hunch will not validate a "stop and reason existed so as to arrest and search
frisk." A “genuine reason” must exist, in petitioner. If only to further tarnish the
light of the police officer's experience credibility of Yu's testimony, contrary to
and surrounding conditions , to his claim that petitioner and his
warrant the belief that the person companions had to be chased before
detained has weapons concealed about being apprehended, the affidavit of arrest
him. Finally, a "stopand- frisk" serves a expressly declares otherwise, i.e., upon
TWO-FOLD INTEREST: arrival of five (5) other police officers,
petitioner and his companions were
(1) the general interest of effective crime "immediately collared."
prevention and detection, which underlies
the recognition that a police officer may, Second, there was nothing in petitioner's
under appropriate circumstances and in an behavior or conduct which could have
appropriate manner, approach a person reasonably elicited even mere suspicion
for purposes of investigating possible other than that his eyes were "moving
criminal behavior even without probable very fast" an observation which leaves us
cause; and incredulous since Yu and his teammates
(2) the more pressing interest of safety and were nowhere near petitioner and it was
self-preservation which permit the police already 6:30 p.m., thus presumably dusk.
officer to take steps to assure himself that Petitioner and his companions were
the person with whom he deals is not merely standing at the corner and were
armed with a deadly weapon that could not creating any commotion or trouble, as
unexpectedly and fatally be used against Yu explicitly declared on cross-
the police officer. examination:
Here, there are at least three (3) reasons Q And what were they doing?
why the "stop-and-frisk" was A They were merely standing.
invalid: Q You are sure of that?
First, we harbor grave doubts as to Yu's A Yes, sir.
claim that petitioner was a member of the Q And when you saw them standing, there
group which attempted to bomb Plaza were nothing or they did not
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create any commotion. and frisk with the seizure of the grenade
A None, sir. from the accused [as] an appropriate
Q Neither did you see them create incident to his arrest, hence necessitating
commotion? a brief discussion on the nature of these
A None, sir. exceptions to the warrant requirement.
Third, there was at all no ground, At the outset, we note that the trial court
probable or otherwise, to believe that confused the concepts of a "stop-and-
petitioner was armed with a deadly frisk" and of a search incidental to a
weapon. None was visible to Yu , for as lawful arrest. These two types of
he admitted, the alleged grenade was warrantless searches differ in terms of
"discovered" "inside the front waistline" of the requisite quantum of proof before
petitioner, and from all indications as to they may be validly effected and in their
the distance between Yu and petitioner, allowable scope.
any telltale bulge, assuming that petitioner
In a search incidental to a lawful arrest, as
was indeed hiding a grenade, could not the precedent arrest determines the
have been visible to Yu. In fact, as noted by validity of the incidental search, the
the trial court: legality of the arrest is questioned in a
When the policemen approached the large majority of these cases, e.g., whether
accused and his companions, they were not an arrest was merely used as a pretext for
yet aware that a hand grenade was tucked conducting a search. In this instance, the
inside his waistline. They did not see any law requires that there first be a lawful
bulging object in his person. arrest before a search can be made -- the
What is unequivocal then in this case are process cannot be reversed. At bottom,
blatant violations of petitioner's rights
assuming a valid arrest, the arresting
solemnly guaranteed in Sections 2 and officer may search the person of the
12(1) of Article III of the Constitution. arrestee and the area within which the
INVALID APPLICATION OF SEARCH latter may reach for a weapon or for
INCIDENTAL TO A LAWFUL ARREST evidence to destroy, and seize any money
AND STOP AND FRISK - Turning to valid or property found which was used in the
warrantless searches, they are limited to commission of the crime, or the fruit of
the following: (1) customs searches; (2) the crime, or that which may be used as
search of moving vehicles; (3) seizure of evidence, or which might furnish the
evidence in plain view; (4) consent arrestee with the means of escaping or
searches;(5) a search incidental to a
committing violence.
lawful arrest and (6) a "stop and frisk."
Here, there could have been no valid in
In the instant petition, the trial court flagrante delicto or hot pursuit arrest
validated the warrantless search as a stop
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preceding the search in light of the lack of Other notable points of Terry are that
personal knowledge on the part of Yu, the while probable cause is not required to
arresting officer, or an overt physical act, conduct a "stop and frisk," it nevertheless
on the part of petitioner, indicating that a holds that mere suspicion or a hunch will
crime had just been committed, was being not validate a "stop and frisk." A genuine
committed or was going to be committed. reason must exist, in light of the police
officer's experience and surrounding
Having thus shown the invalidity of the conditions, to warrant the belief that the
warrantless arrest in this case, plainly, the person detained has weapons concealed
search conducted on petitioner could not about him. Finally, a "stop-and-frisk"
have been one incidental to a lawful serves a two-fold interest: (1) the general
arrest. interest of effective crime prevention and
detection, which underlies the recognition
We now proceed to the justification for
that a police officer may, under
and allowable scope of a "stop-and-frisk"
appropriate circumstances and in an
as a "limited protective search of outer
appropriate manner, approach a person
clothing for weapons," as laid down in
for purposes of investigating possible
Terry, thus:
criminal behavior even without probable
We merely hold today that where a police cause; and (2) the more pressing interest
officer observes unusual conduct which of safety and self-preservation which
leads him reasonably to conclude in light permit the police officer to take steps to
of his experience that criminal activity assure himself that the person with whom
may be afoot and that the persons with he deals is not armed with a deadly
whom he is dealing may be armed and weapon that could unexpectedly and
presently dangerous, where in the course fatally be used against the police officer.
of investigating this behavior he identifies
himself as a policeman and makes Difference between stop and frisk and
search incidental to lawful arrest.
reasonable inquiries, and where nothing
- In search incidental to lawful arrest,
in the initial stages of the encounter
there must be prior lawful arrest
serves to dispel his reasonable fear for his
before search is made, but in stop
own or others' safety, he is entitled for the
and frisk search is made first before
protection of himself and others in the
area to conduct a carefully limited search arrest.
of the outer clothing of such persons in an
attempt to discover weapons which might What are the 2 objectives of Search
be used to assault him. Such a search is a and Frisk?
reasonable search under the Fourth
Amendment ***
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arrest. In People v. Sucro, 195 SCRA 388, presented urgency; when the informer
the Supreme Court held that a pointed to the accused as one who was
warrantless search and seizure can be carrying marijuana, the police officers,
made without necessarily being preceded faced with such on-the-spot information,
by an arrest provided that the said search had to act quickly. There was not enough
is effected on the basis of probable cause. time to secure a search warrant.
In People v. Valdez, G.R. No. 127801,
March 3, 1999, the arrest of the accused In People v. Malsmtedt, 198 SCRA 401,
and the subsequent search and seizure of where soldiers manning a checkpoint [set
the marijuana by SP01 Mariano was held up because of persistent reports that
valid on the basis of probable cause. vehicles were transporting marijuana and
Mariano had probable cause to stop and other prohibited drugs] noticed a bulge
search the buses coming from Banaue in on the accused’s waist, and the pouch bag
view of the information he got from the was found to contain hashish, the search
“civilian asset” that somebody having the was deemed valid as an incident to a
same appearance as the accused and with lawful arrest [as the accused was then
a green bag would be transporting transporting prohibited drugs] — and
marijuana. there was sufficient probable cause for
the said officers to believe that the
In Posadas v. Court of Appeals, 188 accused was then and there committing a
SCRA 288, the Court upheld the validity of crime.
a search made by police officers on one
who, confronted by the police because “he iiia) However, in People v. Chua
was acting suspiciously”, ran atoay, Ho San, G.R. No. 128222, June 17,
although in People v. Rodriguez, 232 1999, the Supreme Court said that
SCRA 498, the arrest and consequent while a contemporaneous search
search of the accused, simply because “he of a person arrested may be
was acting suspiciously" was held invalid. effected for dangerous weapons or
proofs or implements used in the
In People v. Tangliben, 184 SCRA 220, commission of the crime and
where two policemen on surveillance, which search may extend to the
after receiving a tip from an informer, area within his immediate control
noticed a person carrying a red bag acting where he might gain possession of
suspiciously, then confronted the person a weapon or evidence he can
and found inside the bag marijuana leaves, destroy, a valid arrest must
the Supreme Court held that the seizure precede a search. The process
was valid, as “an incident to a lawful cannot be reversed. In this case,
arrest”. The Court said that the matter there was no valid arrest that
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the 1989 coup d’état. Surveillance the height of the December 1989 coup
indicated rebel activities in the d’etat was held valid, considering the
building. Nearby courts were exigent and emergency situation
obtaining. The military operatives had
closed and general chaos and
reasonable ground to believe that a crime
disorder prevailed. The raiding was being committed, and they had no
team had no opportunity to apply opportunity to apply for a search warrant
for and secure a search warrant from the courts because the latter were
from the courts. closed. Under such urgency and exigency,
a search warrant could be validly
Note: The determination of the existence dispensed with.
of compelling considerations of urgency,
and the subject, time and place i) In Guanzon v. de Villa. 181
necessitating and justifying the filing of an SCRA 623. the Supreme Court
application for a search warrant with a uphefd. as a valid exercise of
court other than the court having the military powers of the
territorial jurisdiction over the place to be President, the conduct of “areal
searched and things to be seized or where target zoning” or “saturation
the materials are found is addressed to drive/s”. [NOTE: In this case,
the sound discretion of the trial court the validity of the search was
where the application is filed, subject to not directly questioned; raised
review by the appellate court in case of in issue were the alleged
grave abuse of discretion amounting to abuses committed by the
excess or lack of jurisdiction (People v. military personnel who
Chui) - Nachura conducted the “saturation
drives”. In the absence of
Note: A permission granted for officers to complainants and complaints
enter a house to look for rebel soldiers against specific actors, no
does not include permission for a room to prohibition could be issued.
room search for firearms. However, the Court
temporarily restrained the
alleged banging of walls,
NACHURA kicking of doors, herding of
half-naked men for
Search and seizure under exigent and examination of tattoo marks,
emergency circumstances. In People v. the violation of residences,
de Gracia, 233 SCRA 716, the raid of, and even if these are humble
the consequent seizure of firearms and shanties of squatters, and the
ammunition in, the Eurocar Sales Office at
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concern for the entire Court — and thus, probable cause. Contrary to the
are not covered by the constitutional averments of the government, the
guarantee. accused-appellant was not caught in
flagrante nor was a crime about to be
In People v. Albofera,152 SCRA 123, a committed or had just been committed to
letter written by the accused to a witness justify the warrantless arrest allowed
which was produced by the witness under Rule 113 of the Rules of Court.
during the trial is admissible in evidence; Even expediency could not be invoked to
it was not the result of an unlawful search, dispense with the obtention of the
nor through an unwarranted intrusion or warrant as in the case of Roldan v. Arca,
invasion into the privacy of the accused. It for example. Here it was held that vessels
was produced by the recipient of the and aircraft are subject to warrantless
letter who identified the same. Besides, searches and seizures for violation of the
there is nothing self-incriminatory in the customs law because these vehicles may
letter. be quickly moved out of the locality or
jurisdiction before the warrant can be
secured.
d) In Pita v. Court of Appeals, supra.,
because the magazines subject of the The present case presented no such
search and seizure had already been urgency. From the conflicting declarations
destroyed, the Court declined to grant of the PC witnesses, it is clear that they
affirmative relief. had at least two days within which they
could have obtained a warrant to arrest
e) The property illegally seized may be and search Aminnudin who was coming
used in evidence in the case filed against Iloilo on the M/V Wilcon 9. His name was
the officer responsible for the illegal known. The vehicle was identified. The
seizure. date of its arrival was certain. And from
the information they had received, they
could have persuaded a judge that there
was probable cause, indeed, to justify the
People vs. Aminnudin [G.R. No. L- issuance of a warrant. Yet they did
74869, July 6, 1988] nothing. No effort was made to comply
with the law. The Bill of Rights was
INVALID WARRANTLESS ARREST AND ignored altogether because the PC
SEARCH. In the case at bar, there was no lieutenant who was the head of the
warrant of arrest or search warrant arresting team, had determined on his
issued by a judge after personal own authority that "search warrant was
determination by him of the existence of not necessary.
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violation of the Dangerous Drugs Act was 1. W/N the arrest was legal?
filed against him. Later, the information 2. W/N the seized effects may be used as
was amended to include Farida Ali y evidence as the search was allegedly an
Hassen, who had also been arrested with incident to a lawful arrest?
him that same evening and likewise
investigated. Both were arraigned and Held:
pleaded not guilty. Subsequently, the 1. No. There was no warrant of arrest or
fiscal filed a motion to dismiss the charge search warrant issued by a judge after
against Ali on the basis of a sworn personal determination by him of the
statement of the arresting officers existence of probable cause. The accused-
absolving her after a 'thorough appellant was not caught in flagrante nor
investigation." The motion was granted, was a crime about to be committed or had
and trial proceeded only against the just been committed to justify the
accused-appellant, who was eventually warrantless arrest allowed under Rule
convicted . 113 of the Rules of Court. Even
expediency could not be invoked to
In his defense, Aminnudin disclaimed the dispense with the obtention of the
marijuana, averring that all he had in his warrant as in the case of Roldan v. Arca,
bag was his clothing consisting of a jacket, for example. It was held that vessels and
two shirts and two pairs of pants. He aircraft are subject to warrantless
alleged that he was arbitrarily arrested searches and seizures for violation of
and immediately handcuffed. His bag was the customs law because these vehicles
confiscated without a search warrant. At may be quickly moved out of the locality
the PC headquarters, he was manhandled or jurisdiction before the warrant can
to force him to admit he was carrying the be secured.
marijuana, the investigator hitting him
with a piece of wood in the chest and The present case presented no such
arms even as he parried the blows while urgency. From the conflicting
he was still handcuffed. He insisted he did declarations of the PC witnesses, it is
not even know what marijuana looked clear that they had at least two days
like and that his business was selling within which they could have obtained a
watches and sometimes cigarettes. warrant to arrest and search
However the RTC rejected his allegations. Aminnudin. His name was known. The
Saying that he only has two watches vehicle was identified. The date of its
during that time and that he did not arrival was certain. And from the
sufficiently proved the injuries allegedly information they had received, they
sustained. could have persuaded a judge that
Issues: there was probable cause, indeed, to
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justify the issuance of a warrant. Yet them to pounce upon Aminnudin and
they did nothing to comply Moreover, immediately arrest him.
the accused appellant was not, at the
moment of his arrest, committing a 2. NO. The search was not an incident of a
crime nor was it shown that he was lawful arrest because there was no
about to do so or that he had just done warrant of arrest and the warrantless
so. arrest did not come under the exceptions
allowed by the Rules of Court. Hence, the
In the many cases where this Court has warrantless search was also illegal and
sustained the warrantless arrest of the evidence obtained thereby was
violators of the Dangerous Drugs Act, it inadmissible.
has always been shown that they were
caught red-handed, as result of what are
popularly called "buy-bust" operations of INVALID WATTANTLESS ARREST AND
the narcotics agents. Rule 113 was clearly SEARCH - In the case at bar, there was no
applicable because at the precise time of warrant of arrest or search warrant
arrest the accused was in the act of selling issued by a judge after personal
the prohibited drug. determination by him of the existence of
probable cause. Contrary to the
In the case at bar, the accused- averments of the government, the
appellant was not, at the moment of his accused-appellant was not caught in
arrest, committing a crime nor was it flagrante nor was a crime about to be
shown that he was about to do so or committed or had just been committed to
that he had just done so. What he was justify the warrantless arrest allowed
doing was descending the gangplank of under Rule 113 of the Rules of Court.
the M/V Wilcon 9 and there was no Even expediency could not be invoked to
outward indication that called for his dispense with the obtention of the
arrest. To all appearances, he was like warrant as in the case of Roldan v. Arca,
any of the other passengers innocently for example. Here it was held that vessels
disembarking from the vessel. It was and aircraft are subject to warrantless
only when the informer pointed to him searches and seizures for violation of the
as the carrier of the marijuana that the customs law because these vehicles may
suddenly became suspect and so subject be quickly moved out of the locality or
to apprehension. It was the furtive jurisdiction before the warrant can be
finger that triggered his arrest. The secured.
identification by the informer was the The present case presented no such
probable cause as determined by the
urgency. From the conflicting declarations
officers (and not a judge) that authorized of the PC witnesses, it is clear that they
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had at least two days within which they the vessel. It was only when the informer
could have obtained a warrant to arrest pointed to him as the carrier of the
and search Aminnudin who was coming marijuana that he suddenly became
to Iloilo on the M/V Wilcon 9. His name suspect and so subject to apprehension. It
was known. The vehicle was Identified. was the furtive finger that triggered his
The date of its arrival was certain. And arrest. The Identification by the informer
from the information they had received, was the probable cause as determined by
they could have persuaded a judge that the officers (and not a judge) that
there was probable cause, indeed, to authorized them to pounce upon
justify the issuance of a warrant. Yet they Aminnudin and immediately arrest him.
did nothing. No effort was made to
comply with the law. The Bill of Rights Now that we have succeeded in restoring
was ignored altogether because the PC democracy in our country after fourteen
lieutenant who was the head of the years of the despised dictatorship, when
arresting team, had determined on his any one could be picked up at will,
own authority that a "search warrant was detained without charges and punished
not necessary." without trial, we will have only ourselves
to blame if that kind of arbitrariness is
In the many cases where this Court has allowed to return, to once more flaunt its
sustained the warrantless arrest of disdain of the Constitution and the
violators of the Dangerous Drugs Act, it individual liberties its Bill of Rights
has always been shown that they were guarantees.
caught red-handed, as a result of what are
popularly called "buy-bust" operations of While this is not to say that the accused-
the narcotics agents. Rule 113 was clearly appellant is innocent, for indeed his very
applicable because at the precise time of own words suggest that he is lying, that
arrest the accused was in the act of selling fact alone does not justify a finding that
the prohibited drug. he is guilty. The constitutional
presumption is that he is innocent, and he
In the case at bar, the accused-appellant will be so declared even if his defense is
was not, at the moment of his arrest, weak as long as the prosecution is not
committing a crime nor was it shown that strong enough to convict him.
he was about to do so or that he had just
done so. What he was doing was
descending the gangplank of the M/V
What is a buy bust operation?
Wilcon 9 and there was no outward
indication that called for his arrest. To all - A buy-bust operation is the
appearances, he was like any of the other method employed by peace
passengers innocently disembarking from
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during the course of the inspection, that from Sagada had prohibited drugs in his
accused was required to present his possession. To deprive the NARCOM
passport. The failure of accused to agents of the ability and facility to act
present his identification papers, when accordingly, including, to search even
ordered to do so, only managed to arouse without warrant, in the light of such
the suspicion of the officer that accused circumstances, would be to sanction
was trying to hide his identity. For is it impotence and ineffectiveness in law
not a regular norm for an innocent man, enforcement, to the detriment of society.
who has nothing to hide from the
authorities, to readily present his
identification papers when required to do
so?
PEOPLE VS MALMSTEDT
The receipt of information by NARCOM
that a Caucasian coming from Sagada had Facts:
prohibited drugs in his possession, plus
the suspicious failure of the accused to In an information filed against the
produce his passport, taken together as a accused- appellant Mikael Malmstead was
whole, led the NARCOM officers to charged before the RTC of La Trinidad,
reasonably believe that the accused was Benguet, for violation of Section 4, Art. II
trying to hide something illegal from the of Republic Act 6425, as amended,
authorities. From these circumstances otherwise known as the Dangerous Drugs
arose a probable cause which justified the Act of 1972, as amended.
warrantless search that was made on the
Accused Mikael Malmstedt, a Swedish
personal effects of the accused.
national, entered the Philippines for the
third time in December 1988 as a tourist.
In other words, the acts of the NARCOM
He had visited the country sometime in
officers in requiring the accused to open
1982 and 1985.
his pouch bag and in opening one of the
wrapped objects found inside said bag
In the evening of 7 May 1989, accused left
(which was discovered to contain
for Baguio City. Upon his arrival thereat in
hashish) as well as the two (2) travelling
the morning of the following day, he took
bags containing two (2) teddy bears with
a bus to Sagada and stayed in that place
hashish stuffed inside them, were
for two (2) days. Then in the 7 in the
prompted by accused's own attempt to
morning of May 11, 1989, the accused
hide his identity by refusing to present his
went to Nangonogan bus stop in Sagada.
passport, and by the information received
by the NARCOM that a Caucasian coming
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At about 8: 00 o'clock in the morning of required him to bring out whatever it was
that same day (11 May 1989), Captain that was bulging on his waist. The bulging
Alen Vasco, the Commanding Officer of object turned out to be a pouch bag and
the First Regional Command (NARCOM) when accused opened the same bag, as
stationed at Camp Dangwa, ordered his ordered, the officer noticed four (4)
men to set up a temporary checkpoint at suspicious-looking objects wrapped in
Kilometer 14, Acop, Tublay, Mountain brown packing tape, prompting the
Province, for the purpose of checking all officer to open one of the wrapped
vehicles coming from the Cordillera objects. The wrapped objects turned out
Region. The order to establish a to contain hashish, a derivative of
checkpoint in the said area was prompted marijuana.
by persistent reports that vehicles coming
from Sagada were transporting marijuana Thereafter, accused was invited outside
and other prohibited drugs. Moreover, the bus for questioning. But before he
information was received by the alighted from the bus, accused stopped to
Commanding Officer of NARCOM, that get two (2) travelling bags from the
same morning that a Caucasian coming luggage carrier. Upon stepping out of the
from Sagada had in his possession bus, the officers got the bags and opened
prohibited drugs. The group composed of them. A teddy bear was found in each bag.
seven (7) NARCOM officers, in Feeling the teddy bears, the officer
coordination with Tublay Police Station, noticed that there were bulges inside the
set up a checkpoint at the designated area same which did not feel like foam stuffing.
at about 10:00 o'clock in the morning and It was only after the officers had opened
inspected all vehicles coming from the the bags that accused finally presented his
Cordillera Region. passport.
The two (2) NARCOM officers started Accused was then brought to the
their inspection from the front going headquarters of the NARCOM at Camp
towards the rear of the bus. Accused who Dangwa, La Trinidad, Benguet for further
was the sole foreigner riding the bus was investigation. At the investigation room,
seated at the rear thereof. the officers opened the teddy bears and
they were found to also contain hashish.
During the inspection, CIC Galutan Representative samples were taken from
noticed a bulge on accused's waist. the hashish found among the personal
Suspecting the bulge on accused's waist to effects of accused and the same were
be a gun, the officer asked for accused's brought to the PC Crime Laboratory for
passport and other identification papers. chemical analysis.
When accused failed to comply, the officer
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In the chemistry report, it was established are not admissible as evidence against
that the objects examined were hashish. a him.
prohibited drug which is a derivative of
marijuana. Thus, an information was filed ISSUE: Whether the search made by the
against accused for violation of the NARCOM officer was illegal having no
Dangerous Drugs Act. ACCUSED’S search warrant issued.
DEFENSE
HELD: No. The Constitution guarantees
During the arraignment, accused entered the right of the people to be secure in
a plea of "not guilty." For his defense, he their persons, houses, papers and effects
raised the issue of illegal search of his against unreasonable searches and
personal effects. He also claimed that the seizures. However, where the search is
hashish was planted by the NARCOM made pursuant to a lawful arrest, there is
officers in his pouch bag and that the two no need to obtain a search warrant. A
(2) travelling bags were not owned by lawful arrest without a warrant may be
him, but were merely entrusted to him by made by a peace officer or a private
an Australian couple whom he met in person under the following circumstances
Sagada. He further claimed that the stated in Sec. 5, Rule 110 of the rules on
Australian couple intended to take the criminal procedure.
same bus with him but because there
were no more seats available in said bus, Accused was searched and arrested while
they decided to take the next ride and transporting prohibited drugs (hashish).
asked accused to take charge of the bags, A crime was actually being committed by
and that they would meet each other at the accused and he was caught in
the Dangwa Station. flagrante delicto. Thus, the search made
upon his personal effects falls squarely
The trial court found the guilt of the under paragraph (1) of the foregoing
accused Mikael Malmstedt established provisions of law, which allow a
beyond reasonable doubt. warrantless search incident to a lawful
arrest. While it is true that the NARCOM
Seeking the reversal of the decision of the officers were not armed with a search
trial court finding him guilty of the crime warrant when the search was made
charged, accused argues that the search of over the personal effects of accused,
his personal effects was illegal because it however, under the circumstances of
was made without a search warrant and, the case, there was sufficient probable
therefore, the prohibited drugs which cause for said officers to believe that
were discovered during the illegal search accused was then and there committing
a crime.
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Warrantless search of the personal effects when faced with on-the-spot information,
of an accused has been declared by this the police officers had to act quickly and
Court as valid, because of existence of there was no time to secure a search
probable cause, where the smell of warrant.
marijuana emanated from a plastic bag
owned by the accused, or where the It must be observed that, at first, the
accused was acting suspiciously, and NARCOM officers merely conducted a
attempted to flee. routine check of the bus (where accused
was riding) and the passengers therein,
Aside from the persistent reports and no extensive search was initially
received by the NARCOM that vehicles made. It was only when one of the officers
coming from Sagada were transporting noticed a bulge on the waist of accused,
marijuana and other prohibited drugs, during the course of the inspection, that
their Commanding Officer also received accused was required to present his
information that a Caucasian coming from passport. The failure of accused to
Sagada on that particular day had present his identification papers, when
prohibited drugs in his possession. Said ordered to do so, only managed to arouse
information was received by the the suspicion of the officer that accused
Commanding Officer of NARCOM the very was trying to hide his identity. For is it
same morning that accused came down not a regular norm for an innocent man,
by bus from Sagada on his way to Baguio who has nothing to hide from the
City. authorities, to readily present his
identification papers when required to do
When NARCOM received the information, so?
a few hours before the apprehension of
herein accused, that a Caucasian The receipt of information by NARCOM
travelling from Sagada to Baguio City was that a Caucasian coming from Sagada had
carrying with him prohibited drugs, there prohibited drugs in his possession, plus
was no time to obtain a search warrant. In the suspicious failure of the accused to
the Tangliben case, the police authorities produce his passport, taken together as a
conducted a surveillance at the Victory whole, led the NARCOM officers to
Liner Terminal located at Bgy. San Nicolas, reasonably believe that the accused was
San Fernando Pampanga, against persons trying to hide something illegal from the
engaged in the traffic of dangerous drugs, authorities. From these circumstances
based on information supplied by some arose a probable cause which justified the
informers. Accused Tangliben who was warrantless search that was made on the
acting suspiciously and pointed out by an personal effects of the accused. In other
informer was apprehended and searched words, the acts of the NARCOM officers in
by the police authorities. It was held that requiring the accused to open his pouch
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bag and in opening one of the wrapped right; and thirdly, that the said person had
objects found inside said bag (which was an actual intention to relinquish the right
discovered to contain hashish) as well as [De Garcia v. Locsin, 65 Phil 689]. The
the two (2) travelling bags containing two consent must be voluntary, i.e.,
(2) teddy bears with hashish stuffed unequivocal, specific and intelligently
inside them, were prompted by accused's given, uncontaminated by any duress or
own attempt to hide his identity by coercion. Hence, consent to a search is not
refusing to present his passport, and by to be lightly inferred, but must be shown
the information received by the NARCOM by clear and convincing evidence. The
that a Caucasian coming from Sagada had question whether consent to a search was,
prohibited drugs in his possession. To in fact, voluntary, is a question of fact to
deprive the NARCOM agents of the ability be determined from the totality of all the
and facility to act accordingly, including, circumstances: the age of the defendant,
to search even without warrant, in the whether he was in a public or secluded
light of such circumstances, would be to location, whether he objected to the
sanction impotence and ineffectiveness in search or passively looked on, the
law enforcement, to the detriment of education and intelligence of the
society. defendant, the presence of coercive police
procedure, the defendant’s belief that no
May a person charged with rebellion, incriminating evidence will be found, the
subversion, conspiracy or proposal to nature of police questioning, the
commit such crimes, and crimes or environment in which the questioning
offenses committed in furtherance took place, and the possible vulnerable
thereof be arrested without a warrant? subjective state of the person consenting.
It is the State that has the burden of
Yes since these are continuing offenses
proving, by clear and convincing evidence,
and therefore the accused are assumed to
that the necessary consent was obtained
be always committing the offense (Umil
and that it was voluntarily and freely
and Dural vs. Fidel Ramos)
given [Caballes v. Court of Appeals, G.R.
No. 136292, January 15, 2002],
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officers told Luz that they already 142531, October 15, 2002,
knew that she was a member of because at the time the
the NPA, and requested that they bloodstained pair of shorts
be allowed to look around. Luz was recovered, appellant
consented. Inside the house, the Formento, together with his
team found subversive materials wife and mother, was
and firearms, which Luz identified present. Being the subject
as belonging to the accused. The of the search, he himself
Court held that the constitutional should have given consent.
right against unreasonable Added to this is the fact that
searches and seizures, being a the appellant is a deaf-mute
personal one, cannot be waived by who could not understand
anyone except the person whose t what was happening at the
rights are invaded, or one who is moment, there being no
authorized to do so in his behalf. interpreter to assist him.
Here, there was no evidence that His seeming acquiescence
Luz was authorized to open the to the search without a
house of the accused in his absence. warrant may be attributed
Accordingly, the search, as well as to plain and simple
the seizure, was declared illegal. confusion and ignorance.
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Failure of the driver to settle his case whether the defendant objected to the
within fifteen days from the date of search or passively looked on; (4) the
apprehension will be a ground for the education and intelligence of the
suspension and/or revocation of his defendant; (5) the presence of coercive
license. police procedures; (6) the defendants
belief that no incriminating evidence
Similarly, the Philippine National Police would be found; (7) the nature of the
(PNP) Operations Manual provides the police questioning; (8) the environment
following procedure for flagging down in which the questioning took place; and
vehicles during the conduct of (9) the possibly vulnerable subjective
checkpoints: state of the person consenting.
SECTION 7. Procedure in Flagging Down
or Accosting Vehicles While in Mobile Car.
This rule is a general concept and will not
apply in hot pursuit operations. The
mobile car crew shall undertake the Can the accused raise the issue of the
following, when applicable: x x x irregularity of his arrest only during
trial?
m. If it concerns traffic violations,
immediately issue a Traffic Citation Ticket No, “Any objection involving a warrant of
(TCT) or Traffic Violation Report (TVR). arrest or procedure in the acquisition by
Never indulge in prolonged, unnecessary the court of jurisdiction over the person
conversation or argument with the driver of the accused must be made before he
or any of the vehicles occupants; enters his plea, otherwise the objection is
deemed waived.”
MANIFESTATION OF CONSENT IN A
CONSENTED WARRANTLESS SEARCH - Espano vs. Court of Appeals [G.R. No.
Whether consent to the search was in fact 120431, April 1, 1998]
voluntary is a question of fact to be
determined from the totality of all the SEARCH INCIDENTAL TO A LAWFUL
circumstances. Relevant to this ARREST MAY EXTEND TO PREMISES
determination are the following WITHIN THE IMMEDIATE CONTROL OF
characteristics of the person giving THE PERSON ARRESTED. An exception
consent and the environment in which to the said rule is a warrantless search
consent is given: (1) the age of the incidental to a lawful arrest for dangerous
defendant; (2) whether the defendant was weapons or anything which may be used
in a public or a secluded location; (3) as proof of the commission of an offense.
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It may extend beyond the person of the the police officers were not armed with a
one arrested to include the premises or search warrant at the time. Moreover, it
surroundings under his immediate was beyond the reach and control of
control. In this case, the ten cellophane petitioner.
bags of marijuana seized at petitioner's
house after his arrest at Pandacan and
Zamora Streets do not fall under the said
exceptions. ESPANO VS COURT OF APPEALS
Facts:
In the case of People v. Lua, 12 this Court
held: "As regards the brick of marijuana Pat. Pagilagan together with other police
found inside the appellant's house, the trial officers went to Zamora and Pandacan
court correctly ignored it apparently in Streets, Manila to confirm reports of drug
view of its inadmissibility. While initially pushing in the area. They saw petitioner
the arrest as well as the body search was selling something to another person. After
lawful, the warrantless search made inside the alleged buyer left, they approached
the appellant's house became unlawful petitioner, identified themselves as
since the police operatives were not armed policemen, and frisked him. The search
with a search warrant. Such search cannot yielded two plastic cellophane tea bags of
fall under "search made incidental to a marijuana. When asked if he had more
lawful arrest," the same being limited to marijuana, he replied that there was more
body search and to that point within in his house. The policemen went to his
reach or control of the person arrested, or residence where they found ten more
that which may furnish him with the cellophane tea bags of marijuana.
means of committing violence or of Petitioner was brought to the police
escaping. headquarters where he was charged of
possession of prohibited drugs.
In the case at bar, appellant was
admittedly outside his house when he ISSUE: W/N the marijuana confiscated
was arrested. Hence, it can hardly be said from the house in addition to the
that the inner portion of his house was marijuana confiscated while Espano waa
within his reach or control. The articles frisked may be used as evidence?
seized from petitioner during his arrest
were valid under the doctrine of search HELD: NO. The 1987 Constitution
made incidental to a lawful arrest. The guarantees freedom against unreasonable
warrantless search made in his house, searches and seizures under Article III,
however, which yielded ten cellophane Section 2 which provides:
bags of marijuana became unlawful since
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"The right of the people to be secure in under " SEARCH MADE INCIDENTAL TO
their persons, houses, papers and effects A LAWFUL ARREST," the same being
against unreasonable searches and limited to body search and to that point
seizures of whatever nature and for any within reach or control of the person
purposes shall be inviolable, and no arrested , or that which may furnish
search warrant or warrant of arrest shall him with the means of committing
issue except upon probable cause to be violence or of escaping. In the case at bar,
determined personally by the judge after appellant was admittedly outside his
examination under oath or affirmation of house when he was arrested. Hence, it can
the complainant and the witnesses he hardly be said that the inner portion of his
may produce, and particularly describing house was within his reach or control.
the place to be searched and the persons
or things to be seized." The articles seized from petitioner during
his arrest were valid under the DOCTRINE
An exception to the said rule is a OF SEARCH MADE INCIDENTAL TO A
warrantless search incidental to a LAWFUL ARREST. The warrantless search
lawful arrest for dangerous weapons or made in his house, however, which yielded
anything which may be used as proof of ten cellophane bags of marijuana became
the commission of an offense. It may unlawful since the police officers were not
extend beyond the person of the one armed with a search warrant at the time.
arrested to include the premises or Moreover, it was beyond the reach and
surroundings under his immediate control of petitioner.
control. In this case, the ten cellophane SEARCH INCIDENTAL TO A LAWFUL
bags of marijuana seized at petitioner's ARREST MAY EXTEND TO PREMISES
house after his arrest at Pandacan and WITHIN THE IMMEDIATE CONTROL OF
Zamora Streets do not fall under the THE PERSON ARRESTED - An exception
said exceptions. to the said rule is a warrantless search
incidental to a lawful arrest for dangerous
As regards the brick of marijuana found weapons or anything which may be used
inside the appellant's house, the trial as proof of the commission of an offense.
court correctly ignored it apparently in It may extend beyond the person of the
view of its inadmissibility. While initially one arrested to include the premises or
the arrest as well as the body search surroundings under his immediate
was lawful, the warrantless search control. In this case, the ten cellophane
made inside the appellant's house bags of marijuana seized at petitioners
became unlawful since the police house after his arrest at Pandacan and
operatives were not armed with a Zamora Streets do not fall under the said
search warrant. Such search cannot fall exceptions.
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In the case of People v. Lua, this Court - May be subject to bodily search
held: and extends to area within his
immediate control. If arrested in
As regards the brick of marijuana found the street, may not extend to his
inside the appellant’s house, the trial house.
court correctly ignored it apparently in
view of its inadmissibility. While initially If suspect does not object, can it be
the arrest as well as the body search was considered consented search?
lawful, the warrantless search made - A: No. Consent must be made
inside the appellants house became voluntarily and knowingly.
unlawful since the police operatives were
not armed with a search warrant. Such
search cannot fall under search made UNITED LABORATORIES (UNILAB) VS
incidental to a lawful arrest, the same ISIP
being limited to body search and to that
point within reach or control of the FACTS:
person arrested, or that which may UNILAB hired a private investigator to
furnish him with the means of committing
investigate a place purported to be
violence or of escaping. In the case at bar, manufacturing fake UNILAB products,
appellant was admittedly outside his especially Revicon multivitamins. The
house when he was arrested. Hence, it can agent took some photographs where the
hardly be said that the inner portion of his clandestine manufacturing operation was
house was within his reach or control. taking place. UNILAB then sought the help
The articles seized from petitioner during of the NBI, which thereafter filed an
his arrest were valid under the doctrine of application for the issuance of search
search made incidental to a lawful arrest. warrant in the RTC of Manila. After
The warrantless search made in his house, finding probable cause, the court issued a
however, which yielded ten cellophane search warrant directing the police to
bags of marijuana became unlawful since seize “finished or unfinished products of
the police officers were not armed with a UNILAB, particularly REVICON
search warrant at the time. Moreover, it multivitamins.” No fake Revicon was
was beyond the reach and control of however found; instead, sealed boxes
petitioner. where seized, which, when opened
contained 60 ml bottles of Disudrin and
200mg tablets of Inoflox, both were
brands used by UNILAB. NBI prayed that
What is the Extent of permissible some of the sized items be turned over to
warrantless searches incidental to the custody of the Bureau of Food and
lawful arrest.
MILKTEA NOTES 2017 | POLITICAL LAW COMPENDIUM
"The oak fought the wind and was broken, the willow bent when it must and survived.”
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Drugs (BFAD) for examination. The court testimonial or documentary, to prove the
granted the motion. The respondents then confluence of the essential requirements
filed a motion to quash the search for the doctrine to apply, namely: (a) the
warrant or to suppress evidence, alleging executing law enforcement officer has a
that the seized items are considered to be prior justification for an initial intrusion
fruit of a poisonous tree, and therefore or otherwise properly in a position from
inadmissible for any purpose in any which he can view a particular order; (b)
proceeding, which the petitioners the officer must discover incriminating
opposed alleging that the boxes of evidence inadvertently; and (c) it must be
Disudrin and Inoflox were seized under immediately apparent to the police that
the plain view doctrine. The court, the items they observe may be evidence
however, granted the motion of the of a crime, contraband, or otherwise
respondents. subject to seizure.
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assuming that there is probable cause to SW was issued for revicon. POs found
associate the property with criminal disudrin openly displayed in
activity; that a nexus exists between a glasscabinets. Can these products be
viewed object and criminal activity. seized?
Incriminating means the furnishing of - No. They have to test them to
evidence as proof of circumstances know that they were counterfeited.
tending to prove the guilt of a person. 4th requisite, i.e. no further inquiry
whether or not object is illegal is
Indeed, probable cause is a flexible, absent. Incriminating character
common sense standard. It merely must be readily apparent.
requires that the facts available to the
officer would warrant a man of
reasonable caution and belief that certain NACHURA
items may be contrabanded or stolen
property or useful as evidence of a crime. Where prohibited articles are in plain
It does not require proof that such belief view. Objects in the “plain view” of an
be correct or more likely than true. A officer who has the right to be in the
practical, non-traditional probability that position to have that view are subject to
incriminating evidence is involved is all seizure and may be presented as evidence.
that is required. The evidence thus The “plain view” doctrine is usually
collected must be seen and verified as applied where the police officer is not
understood by those experienced in the searching for evidence against the
field of law enforcement. accused, but nonetheless inadvertently
comes upon an incriminating object
Note: Where marijuana sticks fall before [People v. Musa, 217 SCRA 597].
before the eyes of a police officer from an
object a person is carrying, seizure of the i) Requisites. In People v. Musa,
sticks would not require a warrant. They supra., reiterated in People v.
are evidence “in plain view”. Where, Aruta, G.R. No. 120515, April 13,
however, police officers find an object 1998; People v. Doria, G.R. No.
only after making some search, the plain 125299, January 22, 1999, and in
view rule cannot be applied. – Bernas People v. Sarap, G.R. No. 132165,
March 26, 2003, the Supreme
- In this case, the plain view Court enumerated the elements of
doctrine is inapplicable because it a valid seizure based on the “plain
is not apparent. view” doctrine, as follows:
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(i) a prior valid intrusion based sachets of shabu. These sachets of shabu
on the warrantless arrest in which were, therefore, in “plain view” of the law
the police are legally present in the enforcers.
pursuit of their official duties;
ii) An object is in “plain view” if the object
(ii) the evidence was inadvertently itself is plainly exposed to sight. Where
discovered by the police who have the object seized is inside a closed
the right to be where they are; package, the object is not in plain view
and, therefore, cannot be seized without a
(iii) the evidence must be warrant. However, if the package
immediately apparent; and (iv) proclaims its contents, whether by its
“plain view” justified the seizure of distinctive configuration, its transparency,
the evidence without any further or if its contents are obvious to an
search. observer, then the contents are in plain
view and may be seized [Caballes v.
ia) Thus, in People v. Figueroa, 248 SCRA Court of Appeals, G.R. No. 136292,
679, where, while serving a warrant of January 15, 2002], If the package is such
arrest, police officers searched the house that an experienced observer could infer
and found a pistol, a magazine and seven from its appearance that it contains
rounds of ammunition, the seizure of the prohibited articles, then the article is
firearm and ammunition was held lawful, deemed in plain view [People v. Nuevas,
because the objects seized were in plain G.R. No. 170233, February 22, 2007].
view of the officer who had the right to be
in the place where he was. iii) In People v. Salanguit, G.R No.
133254-55, April 19, 2001, the peace
In People v. Macalaba, G.R. Nos. 146284- officers entered the dwelling armed with
86, January 20, 2003, the evidence a search warrant for the seizure of shabu
clearly shows that on the basis of and drug paraphernalia. In the course of
intelligence information that a carnapped the search, they (presumably) found the
vehicle was driven by Abdul, who was shabu first, and then came upon an article
also a suspect in drug pushing, the wrapped in newspaper which turned out
members of the CIDG of Laguna went to be marijuana. On the issue of whether
around looking for the carnapped car. the marijuana may be validly seized, the
They spotted the suspected carnapped car Supreme Court said once the valid portion
which was indeed driven by Abdul. While of the search warrant has been executed,
Abdul was fumbling about in his clutch the “plain view” doctrine can no longer
bag for the registration papers of the car, provide any basis for admitting the other
the CIDG agents saw four transparent items subsequently found. (Note that the
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Thus, in People v. Valdez, G.R. No. iv) The doctrine is not an exception to the
129296, September 25, 2000, it warrant. It merely serves to supplement
was held that although the the prior justification — whether it be a
marijuana plants were found in an warrant for another object, hot pursuit,
unfenced lot, they were not search as an incident to a lawful arrest or
apparent. A police team had to be some other legitimate reason for being
dispatched to search for and present, unconnected with a search
uproot the prohibited flora. directed against the accused. It is
Accordingly, the plain view recognition of the fact that when
doctrine could not be validly executing police officers come across
invoked to justify the seizure. immediately incriminating evidence not
covered by the warrant, they should not
In People v. Pasudag, G.R. No. be required to close their eyes to it,
128822, May 4, 2000, noting that regardless of whether it is evidence of the
the police authorities had ample crime they are investigating or evidence
time to secure a warrant, the of some other crime. It would be needless
seizure of the marijuana plants and to require the police to obtain another
the consequent arrest were held to warrant [United Laboratories v, Isip, G.R.
be tainted with constitutional No. 163858, June 28, 2005].
infirmity. The implied
acquiescence of the appellant iva) The “immediately apparent”
could not have been more than test does not require an unduly
passive conformity given under high degree of certainty as to the
intimidating circumstances. incriminating character of
evidence. It requires merely that
the seizure be presumptively
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People vs. Musa [G.R. No. 96177, DOCTRINE OF "PLAIN VIEW”. — The
January 27, 1993] warrantless search and seizure, as an
incident to a suspect's lawful arrest, may
SEARCH INCIDENTAL TO A LAWFUL extend beyond the person of the one
ARREST. While a valid search warrant is arrested to include the premises or
generally necessary before a search and surroundings under his immediate
seizure may be effected, exceptions to this control. Objects in the "plain view" of an
rule are recognized. Thus, in Alvero v. officer who has the right to be in the
Dizon, the Court stated that "the most position to have that view are subject to
important exception to the necessity for a seizure and may be presented as evidence.
search warrant is the right of search and The "plain view" doctrine may not,
seizure as an incident to a lawful arrest." however, be used to launch unbridled
Rule 126, Section 12 of the Rules of Court searches and indiscriminate seizures nor
expressly authorizes a warrantless search to extend a general exploratory search
and seizure incident to a lawful arrest. made solely to find evidence of
defendant's guilt. The "plain view"
There is no doubt that the warrantless doctrine is usually applied where a police
search incidental to a lawful arrest officer is not searching for evidence
authorizes the arresting officer to make a against the accused, but, nonetheless
search upon the person of the person inadvertently comes across an
arrested. As early as 1909, the Court has incriminating object. It has also been
ruled that "an officer making an arrest suggested that even if an object is
may take from the person arrested and observed in "plain view," the "plain view"
money or property found upon his person doctrine will not justify the seizure of the
which was used in the commission of the object where the incriminating nature of
crime or was the fruit of the crime or which the object is not apparent from the "plain
might furnish the prisoner with the means view" of the object. Stated differently, it
of committing violence or of escaping, or must be immediately apparent to the
which may be used as evidence in the trial police that the items that they observe
of the cause . . ." may be evidence of a crime, contraband,
or otherwise subject to seizure.
Hence, in a buy-bust operation conducted
to entrap a drug-pusher, the law In the instant case, the appellant was
enforcement agents may seize the marked arrested and his person searched in the
money found on the person of the pusher living room. Failing to retrieve the
immediately after the arrest even without marked money which they hoped to find,
arrest and search warrants. the NARCOM agents searched the whole
house and found the plastic bag in the
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kitchen. The plastic bag was, therefore, presented in evidence pursuant to Article
not within their "plain view" when they III, Section 3(2) of the Constitution.
arrested the appellant as to justify its
seizure. The NARCOM agents had to move
from one portion of the house to another
before they sighted the plastic bag.
PEOPLE VS MUSA
Moreover, when the NARCOM agents saw
the plastic bag hanging in one corner of Facts:
the kitchen, they had no clue as to its
contents. They had to ask the appellant A civilian informer gave the information
what the bag contained. When the that Mari Musa was engaged in selling
appellant refused to respond, they opened marijuana in Suterville, Zamboanga City.
it and found the marijuana. Unlike Ker v. Sgt. Ani was ordered by NARCOM leader
California, where the marijuana was T/Sgt. Belarga, to conduct a surveillance
visible to the police officer's eyes, the and test buy on Musa. The civilian
NARCOM agents in this case could not informer guided Ani to Musa’s house and
have discovered the inculpatory nature of gave the description of Musa. Ani was
the contents of the bag had they not able to buy one newspaper-wrapped
forcibly opened it. Even assuming then, dried marijuana for P10.00.
that the NARCOM agents inadvertently
The next day, a buy-bust was planned.
came across the plastic bag because it was
Ani was to raise his right hand if he
within their "plain view," what may be
successfully buys marijuana from Musa.
said to be the object in their "plain view"
As Ani proceeded to the house, the
was just the plastic bag and not the
NARCOM team positioned themselves
marijuana. The incriminating nature of
about 90 to 100 meters away. From his
the contents of the plastic bag was not
position, Belarga could see what was
immediately apparent from the "plain
going on. Musa came out of the house and
view" of said object. It cannot be claimed
asked Ani what he wanted. Ani said he
that the plastic bag clearly betrayed its
wanted more marijuana and gave Musa
contents, whether by its distinctive
the P20.00 marked money. Musa went
configuration, its transparency, or
into the house and came back, giving Ani
otherwise, that its contents are obvious to
two newspaper wrappers containing
an observer. We, therefore, hold that
dried marijuana. Ani opened and
under the circumstances of the case, the
inspected it. He raised his right hand as a
"plain view" doctrine does not apply and
signal to the other NARCOM agents, and
the marijuana contained in the plastic bag
the latter moved in and arrested Musa
was seized illegally and cannot be
inside the house. Belarga frisked Musa in
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the living room but did not find the violation of the freedom from
marked money (gave it to his wife who unreasonable searches and seizures.
slipped away). T/Sgt. Belarga and Sgt. While a valid search warrant is
Lego went to the kitchen and found a generally necessary before a search and
‘cellophane colored white and stripe seizure may be effected, exceptions to
hanging at the corner of the kitchen.’ this rule are recognized. Thus, in Alvero
They asked Musa about its contents but v. Dizon, the Court stated that "[t]he
failed to get a response. So they opened it most important exception to the
and found dried marijuana leaves inside. necessity for a search warrant is the
Musa was then placed under arrest. right of search and seizure as an
incident to a lawful arrest." Rule 126,
ISSUE: May all the evidence herein Section 12 of the Rules of Court expressly
confiscated be exluded under the authorizes a warrantless search and
exclusionary rule? seizure incident to a lawful arrest, thus:
There is no doubt that the warrantless
HELD: NO. Built into the Constitution are search incidental to a lawful arrest
guarantees on the freedom ofevery authorizes the arresting officer to make
individual against unreasonable searches a search upon the person of the person
and seizures by providing in Article III, arrested. As early as 1909, the Court has
Section 2, the following: ruled that "[a]n officer making an arrest
may take from the person arrested and
"The right of the people to be secure in money or property found upon his
their persons, houses, papers, and effects person which was used in the
against unreasonable searches and commission of the crime or was the fruit
seizures of whatever nature and for any of the crime or which might furnish the
purpose shall be inviolable, and no search prisoner with the means of committing
warrant or warrant of arrest shall issue violence or of escaping, or which may be
except upon probable cause to be used as evidence in the trial of the
determined personally by the judge after cause." Hence, in a buy-bust operation
examination under oath or affirmation of conducted to entrap a drugpusher, the
the complainant and the witness he may law enforcement agents may seize the
produce, and particularly describing marked money found on the person of
the place to be searched and the persons the pusher immediately after the arrest
or things to be seized." even without arrest and search
warrants.
Furthermore, the Constitution, in
conformity with the doctrine laid down in In the case at bar, the NARCOM agents
Stonehill v. Diokno, 34 declares searched the person of the appellant after
inadmissible, any evidence obtained in
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arresting him in his house but found incident to lawful arrest, or some other
nothing. They then searched the entire legitimate reason for being present
house and, in the kitchen, found and unconnected with a search directed
seized a plastic bag hanging in a corner. against the accused - and permits the
The warrantless search and seizure, as an warrantless seizure. Of course, the
incident to a suspect's lawful arrest, may extension of the original justification is
extend beyond the person of the one legitimate only where it is immediately
arrested to include the premises or apparent to the police that they have
surroundings under his immediate control. evidence before them; the 'plain view'
Objects in the "plain view" of an officer doctrine may not be used to extend a
who has the right to be in the position general exploratory search from one
to have that view are subject to seizure object to another until something
and may be presented as evidence. incriminating at last emerges."
The " PLAIN VIEW " doctrine may not, It has also been suggested that even if
however, be used to launch unbridled an object is observed in "plain view," the
searches and indiscriminate seizures nor "plain view" doctrine will not justify the
to extend a general exploratory search seizure of the object where the
made solely to find evidence of incriminating nature of the object is not
defendant's guilt. The "PLAIN VIEW" apparent from the "plain view" of the
DOCTRINE is usually applied where a object. Stated differently, it must be
police officer is not searching for “ IMMEDIATELY APPARENT” to the
evidence against the accused, but police that the items that they observe
nonetheless inadvertently comes across may be evidence of a crime, contraband,
an incriminating object. Furthermore, or otherwise subject to seizure.
the U.S. Supreme Court stated the
following limitations on the application of In the instant case, the appellant was
the doctrine: arrested and his person searched in the
living room. Failing to retrieve the marked
"What the 'plain view' cases have in money which they hoped to find, the
common is that the police officer in each NARCOM agents searched the whole house
of them had a prior justification for an and found the plastic bag in the kitchen.
intrusion in the course of which he came The plastic bag was, therefore, not within
inadvertently across a piece of evidence their "plain view" when they arrested the
incriminating the accused. The doctrine appellant as to justify its seizure. The
serves to supplement the prior NARCOM agents had to move from one
justification - whether it be a warrant for portion of the house to another before they
another object, hot pursuit, search sighted the plastic bag. Unlike Ker v.
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California, where the police officer had marijuana contained in the plastic bag
reason to walk to the doorway of the was seized illegally and cannot be
adjacent kitchen and from which presented in evidence pursuant to Article
position he saw the marijuana, the III, Section 3(2) of the Constitution. The
NARCOM agents in this case went from exclusion of this particular evidence does
room to room with the obvious not, however, diminish, in any way, the
intention of fishing for more evidence. damaging effect of the other pieces of
evidence presented by the prosecution to
Moreover, when the NARCOM agents saw prove that the appellant sold marijuana,
the plastic bag hanging in one corner of in violation of Article II, Section 4 of the
the kitchen, they had no clue as to its Dangerous Drugs Act of 1972. We hold
contents. They had to ask the appellant that by virtue of the testimonies of Sgt.
what the bag contained. When the Ani and T/Sgt. Belarga and the two
appellant refused to respond, they opened wrappings of marijuana sold by the
it and found the marijuana. Unlike Ker v. appellant to Sgt. Ani, among other pieces
California, where the marijuana was of evidence, the guilt of the appellant of
visible to the police officer's eyes, the the crime charged has been proved
NARCOM agents in this case could not beyond reasonable doubt.
have discovered the inculpatory nature
of the contents of the bag had they not
forcibly opened it. Even assuming then, SEARCH INCIDENTAL TO A LAWFUL
that the NARCOM agents inadvertently ARREST - While a valid search warrant is
came across the plastic bag because it was generally necessary before a search and
within their "plain view," what may be said seizure may be effected, exceptions to this
to be the object in their "plain view" was rule are recognized. Thus, in Alvero v.
just the plastic bag and not the marijuana. Dizon, the Court stated that. "[t]he most
The incriminating nature of the contents of important exception to the necessity for a
the plastic bag was not immediately search warrant is the right of search and
apparent from the "plain view" of said seizure as an incident to a lawful arrest."
object. It cannot be claimed that the Rule 126, Section 12 of the Rules of Court
plastic bag clearly betrayed its contents, expressly authorizes a warrantless search
whether by its distinctive configuration, and seizure incident to a lawful arrest,
its transparency, or otherwise, that its
thus:
contents are obvious to an observer.
Sec. 12. Search incident to lawful arrest.
We, therefore, hold that under the — A person lawfully arrested may be
circumstances of the case, the "plain searched for dangerous weapons or
view" doctrine does not apply and the anything which may be used as proof of
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the commission of an offense, without a Pedro Labita of Central Bank of the Philippines
search warrant. (CBP) [now Bangko Sentral ng Pilipinas (BSP)]
went to the Theft and Robbery Section of Western
There is no doubt that the warrantless Police District Command (WPDC), and filed a
complaint for Qualified Theft against Santiago
search incidental to a lawful arrest Peralta, Armando Datuin, Jr., Ulysses Garcia,
authorizes the arresting officer to make a Miguelito de Leon, Librando Flores and Antonio S.
search upon the person of the person Loyola.
arrested. As early as 1909, the Court has
ruled that "[a]n officer making an arrest Pedro Labita submitted to SPO4 Cielito Coronel
may take from the person arrested any punctured currency notes in P100.00 and P500.00
bills with a face value of Php194,190.00 allegedly
money or property found upon his person recovered by the BSP Cash Department during its
which was used in the commission of the cash counting of punctured currency bills
crime or was the fruit of the crime or submitted by different banks to the latter. The
which might furnish the prisoner with the punctured bills were rejected by the BSP money
means of committing violence or of counter machine and were later submitted to the
investigation staff of the BSP Cash Department.
escaping, or which may be used as
evidence in the trial of the cause . . . " As a result of the investigation, it was determined
Hence, in a buy-bust operation conducted that said rejected currency bills were actually
to entrap a drug-pusher, the law punctured notes already due for shredding
enforcement agents may seize the marked because they were no longer intended for
money found on the person of the pusher circulation. Before these notes could be shredded,
they were stolen from the BSP by the above-
immediately after the arrest even without named accused.
arrest and search warrants.
On the basis of the complaint Ulysses Garcia was
If search made in the sala, may extend apprehended in front of Golden Gate Subdivision,
to kitchen? Las Pinas City, while waiting for a passenger bus
- No, unless plain view doctrine on his way to the BSP. Garcia was brought to the
applies. Plain view doctrine police station for investigation. While in the
custody of the police officers, Garcia gave three
applies when evidence is
separate statements admitting his guilt and
inadvertently discovered without participation in the crime charged and identified
further search. the other named accused as his cohorts and
accomplices and narrated the participation of each
and everyone of them.
Facts:
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The trial court found that all the accused Garcia without a warrant, while he had
used to work for the BSP. Garcia was a merely been waiting for a passenger bus
driver assigned to the Security and after being pointed out by the Cash
Transport Department; while Peralta, Department personnel of the BSP. At the
Datuin Jr., De Leon, Flores and Loyola time of his arrest, he had not committed,
were laborers assigned to the Currency was not committing, and was not about to
Retirement Division. Their main task was commit any crime. Neither was he acting
to haul perforated currency notes from in a manner that would engender a
the currency retirement vault to the reasonable ground to suspect that he was
basement of the BSP building for committing a crime. None of the
shredding. circumstances justifying an arrest without
a warrant under Section 5 of Rule 113 of
On several occasions, during 1990-1992,
the Rules of Court was present.
they handed to Garcia perforated
currency notes placed in a coin sack that Hence, Garcia was not lawfully arrested.
he, loaded in an armored escort van and Nonetheless, not having raised the matter
delivered to someone waiting outside the before entering his plea, he is deemed to
premises of the building. have waived the illegality of his arrest.
The trial court held that the coordinated WAIVER LIMITED TO ARREST ONLY -
acts of all the accused led to the Note, however, that this waiver is limited
conclusion that they had conspired to to the arrest. It does not extend to the
pilfer the perforated currency notes search made as an incident thereto or to
belonging to the BSP. the subsequent seizure of evidence
The RTC rejected the disclaimer by Garcia allegedly found during the search.
of his own confessions. The trial court
found his allegations of torture and INSTANCES WHEN SEARCHES MAY BE
coerced confessions unsupported by MADE WITHOUT WARRANT - Without a
evidence. Moreover, it held that the judicial warrant, these are allowed only
recovery of three pieces of under the following exceptional
perforated P100 bills from Garcias wallet circumstances: (1) a search incident to a
and the flight of Peralta and Datuin Jr. lawful arrest, (2) seizure of evidence in
were indicative of the guilt of the accused. plain view, (3) search of a moving motor
vehicle, (4) customs search, (5) stop and
frisk situations, and (6) consented search.
Ruling/Doctrines: WHEN ARREST IS ILLEGAL,
SUBSEQUENT SEARCH IS LIKEWISE
WAIVER OF RAISING THE ILLEGALITY ILLEGAL - Where the arrest was
OF AN ARREST - The police arrested incipiently illegal, it follows that the
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subsequent search was similarly according to the facts of each case. Where,
illegal.[ Any evidence obtained in for example, the officer merely draws
violation of the constitutional provision is aside the curtain of a vacant vehicle which
legally inadmissible in evidence under the is parked on the public fair grounds, or
exclusionary rule. simply looks into a vehicle, or flashes a
light therein, these do not constitute
Note: The conspicuous illegality of the unreasonable search. The setting up of
arrest cannot affect the jurisdiction of the the questioned checkpoints in Valenzuela
trial court, because even in instances not (and probably in other areas) may be
allowed by law, a warrantless arrest is not considered as a security measure to
a jurisdictional defect, and any objection enable the NCRDC to pursue its mission of
thereto is waived when the person establishing effective territorial defense
arrested submits to arraignment without and maintaining peace and order for the
any objection (Nachura) benefit of the public. Checkpoints may
also be regarded as measures to thwart
plots to destabilize the government, in the
RECIT: interest of public security.
People vs Peralta - the waiver of arrest In this connection, the Court may take
does not entail the waiver of legality of judicial notice of the shift to urban centers
seizure. and their suburbs of the insurgency
movement, so clearly reflected in the
HYPO: Police officers went to a party,
increased killings in cities of police and
and discovered drugs, is there a
military men by NPA "sparrow units," not
seizure? to mention the abundance of unlicensed
- No Seizure because there is no firearms and the alarming rise in
lawlessness and violence in such urban
valid intrusion.
centers, not all of which are reported in
media, most likely brought about by
deteriorating economic conditions —
Valmonte vs. De Villa [G.R. No. 83988, which all sum up to what one can rightly
September 29, 1989] consider, at the very least, as abnormal
times. Between the inherent right of the
CHECKPOINTS, VALID. Not all searches state to protect its existence and promote
and seizures are prohibited. Those which public welfare and an individual's right
are reasonable are not forbidden. A against a warrantless search which is
reasonable search is not to be determined however reasonably conducted, the
by any fixed formula but is to be resolved former should prevail.
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Where, for example, the officer merely True, the manning of checkpoints by the
draws aside the curtain of a vacant military is susceptible of abuse by the
vehicle which is parked on the public fair men in uniform, in the same manner that
grounds, or simply looks into a vehicle, or all governmental power is susceptible of
flashes a light therein, these do not abuse. But, at the cost of occasional
constitute unreasonable search. inconvenience, discomfort and even
irritation to the citizen, the checkpoints
The setting up of the questioned during these abnormal times, when
checkpoints in Valenzuela (and probably conducted within reasonable limits, are
in other areas) may be considered as a part of the price we pay for an orderly
security measure to enable the NCRDC to society and a peaceful community.
pursue its mission of establishing
effective territorial defense and
maintaining peace and order for the
benefit of the public. Checkpoints may CAN A HEAVILY TINTED VEHICLE BE
also be regarded as measures to thwart REQUIRED TO ROLL DOWN WINDOWS?
plots to destabilize the government, in the
- No. The lAw does not distinguish
interest of public security. In this
connection, the Court may take judicial visual search.
notice of the shift to urban centers and HOW ABOUT AERIAL SATURATION
their suburbs of the insurgency
DRIVES?
movement, so clearly reflected in the
increased killings in cities of police and - Yes they are valid, provided that
military men by NPA "sparrow units," not the constitutional rights are
to mention the abundance of unlicensed
respected.
firearms and the alarming rise in
lawlessness and violence in such urban Q: Yung car may curtain, may the PO
centers, not all of which are reported in request that it be opened? How about
media, most likely brought about by compartments?
deteriorating economic conditions — - A: Yes. Nasa book yata ni Bernas. ?
which all sum up to what one can rightly
consider, at the very least, as abnormal
times. Between the inherent right of the
state to protect its existence and promote
public welfare and an individual's right NACHURA
against a warrantless search which is
Search of moving vehicles. A
however reasonably conducted, the
warrantless search of a moving vehicle is
former should prevail. justified on the ground that it is not
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protects not only those who confiscation of the magazines; they were
appear to be innocent but not possessed of a lawful court order
also those who appear to be
guilty but are nevertheless (i) finding the materials to be
presumed innocent until pornographic, and
the contrary is proved. The
necessity for the immediate (ii) authorizing them to carry out a
seizure of the motorcycle search and seizure. To justify a
had not been established; warrantless search as an
neither can the vehicle be incident to a lawful arrest, the
detained on the ground that arrest must be on account of a
it is a prohibited article. In crime having been committed.
Valmonte, the rationale for Here, no party has been
allowing the “checkpoints” charged, neither is any charge
was to enable the NCRRDC being pressed against any
to pursue its mission of party. The Supreme Court
establishing effective outlined the procedure to be
territorial defense and followed, thus: a criminal
maintaining peace and charge must be brought against
order for the benefit of the the person/s for purveying the
public. After all, as held in pornographic materials; an
the resolution on the application for a search and
motion for reconsideration, seizure warrant obtained from
the inspection is limited to the judge (who shall determine
a visual search, and neither the existence of probable cause
the vehicle nor the before issuing such warrant);
occupants are subjected to the materials confiscated
a search. brought to court in the
prosecution of the accused for
the crime charged; the court
will determine whether the
confiscated items are really
ADDED NOTES FROM NACHURA
pornographic, and the
Seizure of allegedly pornographic judgment of acquittal or
materials. In Pita v. Court of Appeals, conviction rendered by the
178 SCRA 362, it was held that the court accordingly.
respondents had not shown the required
proof to justify a ban and to warrant
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Sec. 13. Arrest after escape or rescue. – (a) Any court within whose territorial
If a person lawfully arrested escapes or is jurisdiction a crime was committed.
rescued, any person may immediately
pursue or retake him without a warrant (b) For compelling reasons stated in the
at any time and in any place within the application, any court within the judicial
Philippines. region where the crime was committed if
the place of the commission of the crime
Sec. 14. Right of attorney or relative to is known, or any court within the judicial
visit person arrested. – Any member of region where the warrant shall be
the Philippine Bar shall, at the request of enforced.
the person arrested or of another acting
in his behalf, have the right to visit and However, if the criminal action has
confer privately with such person in the already been filed, the application shall
jail or any other place of custody at any only be made in the court where the
hour of the day or night. Subject to criminal action is pending.
reasonable regulations, a relative of the
person arrested can also exercise the Sec. 3. Personal property to be seized. –
same right. A search warrant may be issued for the
search and seizure of personal property:
RULE 126 - SEARCH AND SEIZURE (b) Stolen or embezzled and other
proceeds, or fruits of the offense; or
Section 1. Search warrant defined. – A
search warrant is an order in writing (c) Used or intended to be used as the
issued in the name of the People of the means of committing an offense.
Philippines, signed by a judge and
directed to a peace officer, commanding Sec. 4. Requisites for issuing search
him to search for personal property warrant. – A search warrant shall not
described therein and bring it before the issue except upon probable cause in
court. connection with one specific offense to be
determined personally by the judge after
Sec. 2. Court where application for examination under oath or affirmation of
search warrant shall be filed. – An the complainant and the witness he may
application for search warrant shall be produce, and particularly describing the
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place to be searched and the things to be room, or any other premises shall be
seized which may be anywhere in the made except in the presence of the lawful
Philippines. occupant thereof or any member of his
family or in the absence of the latter, two
Sec. 5. Examination of complainant; witnesses of sufficient age and discretion
record. – The judge must, before issuing residing in the same locality.
the warrant, personally examine in the
form of searching questions and answers, Sec. 9. Time of making search. – The
in writing and under oath, the warrant must direct that it be served in
complainant and the witnesses he may the day time, unless the affidavit asserts
produce on facts personally known to that the property is on the person or in
them and attach to the record their sworn the place ordered to be searched, in which
statements, together with the affidavits case a direction may be inserted that it be
submitted. served at any time of the day or night.
Sec. 6. Issuance and form of search Sec. 10. Validity of search warrant. – A
warrant. – If the judge is satisfied of the search warrant shall be valid for ten (10)
existence of facts upon which the days from its date. Thereafter, it shall be
application is based or that there is void.
probable cause to believe that they exist,
he shall issue the warrant, which must be Sec. 11. Receipt for the property seized.
substantially in the form prescribed by – The officer seizing the property under
these Rules. the warrant must give a detailed receipt
for the same to the lawful occupant of the
Sec. 7. Right to break door or window premises in whose presence the search
to effect search. – The officer, if refused and seizure were made, or in the absence
admittance to the place of directed search of such occupant, must, in the presence of
after giving notice of his purpose and at least two witnesses of sufficient age
authority, may break open any outer or and discretion residing in the same
inner door or window of a house or any locality, leave a receipt in the place in
part of a house or anything therein to which he found the seized property.
execute the warrant to liberate himself or
any person lawfully aiding him when Sec. 12. Delivery of property and
unlawfully detained therein. inventory thereof to court; return and
proceedings thereon. –
Sec. 8. Search of house, room, or (a) The officer must forthwith deliver the
premises to be made in presence of property seized to the judge who issued
two witnesses. – No search of a house, the warrant, together with a true
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inventory thereof duly verified under and acted upon only by the court where
oath. the action has been instituted. If no
criminal action has been instituted, the
(b) Ten (10) days after issuance of the motion may be filed in and resolved by
search warrant, the issuing judge shall the court that issued search warrant.
ascertain if the return has been made, and However, if such court failed to resolve
if none, shall summon the person to the motion and a criminal case is
whom the warrant was issued and subsequently filed in another court, the
require him to explain why no return was motion shall be resolved by the latter
made. If the return has been made, the court.
judge shall ascertain whether section 11
of this Rule has been complied with and
shall require that the property seized be
delivered to him. The judge shall see to it
that subsection (a) hereof has been ALBA-NOTES
complied with.
(c) The return on the search warrant shall Q- State the constitutional guarantee
be filed and kept by the custodian of the on the right of the people against
log book on search warrants who shall unreasonable searches and seizures
enter therein the date of the return, the
result, and other actions of the judge. ANS - the Constitution provides that
“the right of the people to be secure in
A violation of this section shall constitute their persons, houses, papers and effects
contempt of court. against a reasonable searches and
seizures whatever nature and for any
Sec. 13. Search incident to lawful arrest. purpose shall be inviolable, and no search
– A person lawfully arrested may be or warrant of arrest shall issue exit upon
searched for dangerous weapons or probable cause to be determined
anything which may have been used or personally by the judge after examination
constitute proof in the commission of an under oath or affirmation of the
offense without a search warrant. complainant and the witnesses he may
produce, and particularly describing the
Sec. 14. Motion to quash a search place to be searched and the persons or
warrant or to suppress evidence; things to be seized.
where to file. – A motion to quash a
search warrant and/or to suppress Q- when a search warrant considered
evidence obtained thereby may be filed in valid? Explain.
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ANS- A “scatter-shot warrant” is a search 216 SCRA 101 (1992)). In fact, a careful
warrant issued for more than one (1) perusal of the application for warrant
specific offense, like violation of P.D. No. shows that the applicant did not allege
1866 and R.A. No. 1700. It is void because any specific act performed by the
it violates the constitutional requirement petitioner constituting a violation of any
that there must be particularity of the of the aforementioned offenses. The
things to be seized and persons and warrant must be struck down for having
places to be searched. (Leon Tambasen vs. been issued in contravention of
People, et al., 62 SCAD 679, G.R. No. 8104, Constitution and Rules of Court. (Vallejeo
July 14, 1995). vs. CA, et al., No. 156413, April 14, 2004).
Q- A search warrant was issued (2) The contention that the warrant is
directing the peace officers to search void for lack of particularity is correct.
and seize undetermined number of The things to be seized must be described
fake titles, official receipts, etc., blank with particularity. Technical precision of
titles and undetermined number of description is not required. It is only
land transfer transactions kept at the necessary that there be reasonable
office of the Register of deeds, Ilagan, particularity and certainty as to the
Isabela. The OSG submitted a position identity of the property to be searched for
paper that the warrant was a complete and seized, so that the warrant shall not
nullity due to the following reasons: be a mere roving commission. (U.S. vs.
(1) it was issued for three (3) separate Quantity of Extracts, Bottles, Etc., 54 F. 2d
offenses (Arts.171, 213, RPC, and R.A. 643 (1931). Indeed, the law does not
No. 3019); (2) the things sought to be require that the things to be seized must
searched and seized were not be described in precise and minute detail
particularly described. Rule on the as to leave no room for doubt on the part
contention of the OSG. Explain. of the searching authorities. If this were
the rule, it would be virtually
ANS- (1) The contention is correct that
the search warrant is a patent nullity Impossible for the applicants to obtain a
because it was issued for three (3) warrant as they would not know exactly
separate offenses. It should be issued only what kind of things to look for. (Kho vs,
for a specific offense. A warrant must be Macalintal, 306 SCRA 70 (1999). Any
issued upon probable cause in connection description of the place or thing to be
with one specific offense. (Sec. 4, Rule searched that will enable the officer
126, RRC), otherwise, it is a more scatter- making the search with reasonable
shot warrant for having been issued for certainty to locate such place or thing is
more than one offense. (People vs. CA, sufficient. (Boarders vs. State, 104 So. 145
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(1925); Vallejo vs. CA, et al., G.R. No. seized, is repugnant to the constitution.
156413, April 14, 2004). (Rep. vs. SB, supra.; People vs. Veloso, 48
Phil. 169 (1925); Vallejo vs. CA, et al., G.R.
No. 156413, April 14, 2004).
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treaty obligations that the revolutionary during that interregnum. (Republic v SB,
government, as the de jure government, et al., supra)
assumed under international law. The Bill
of Rights under the 1973 Constitution was 3. State the effect if the Bill of
inoperative during that period, as it was Rights under the 1973
abrogated by the Revolutionary Constitution remained
government. But since the Philippines is a operative during the
signatory to the International Covenant
interregnum or during the
on Civil and Political Rights and the
Human Declaration of Human Rights, the Revolutionary government?
protection accorded to individuals under Explain.
the same remained in effect even without
the 1973 Constitution. (Republic v SB, Maj. Ans- It render void all sequestration
Gen. Josephus Ramas, et al., G.R. No. orders issued by the PCGG before the
104768, July 21, 2003). adoption of the Freedom Constitution.
The sequestration orders, which direct
2. If the 1973 Constitution was the freezing and even the take-over of
abrogated by the Revolutionary private property by mere executive
government, what was the issuance without judicial action, would
violate the due process and search and
supreme law then at that time?
seizure clauses of the Bill of Rights.
Explain. During the interregnum the government
in power was concededly a revolutionary
Ans- During the interregnum (from the government bound by no constitution. No
time of the Revolutionary government up one could validly question the
to February 2, 1987), the directives and sequestration orders as violative of the
orders of the revolutionary government Bill of Rights because there was no Bill of
were the supreme law because no Rights at that time. (Republic v SB, et, al.,
constitution limited the extent and scope supra).
of such directives and orders. With the
abrogation of the 1973 Constitution by
the successful resolution, there was no
municipal higher than the directives and Q- Upon the adoption of the Freedom
orders of the revolutionary government. Constitution, the sequestered
Thus, during the interregnum, a person companies questioned the
could not invoke any exclusionary right sequestration orders and their
under a Bill of Rights because there was continued sequestration. Decide.
neither a constitution nor a Bill of Rights
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Ans- The sequestration can continue. The the Covenant requires each signatory
Freedom Constitution and later the 1987 State to respect and ensure to all
Constitution expressly recognized the individuals within its territory and
validity of sequestration orders. The subject to its jurisdiction the rights
framers of the Freedom Constitution and recognized in the Covenant. Under Article
1987 Constitution were aware that the 17 (1) of the Covenant, the revolutionary
sequestration orders would clash with the government had the duty to insure that
Bill of Rights. That is why they provided a no one shall be subjected to arbitrary or
specific language recognizing the validity unlawful interference with his privacy,
of the sequestration orders, otherwise, family, home and correspondence.
sequestration orders would not stand the Furthermore, Article 17 (2) of the
test of due process under the Bill of Rights. Declaration provides that no one shall be
In short, were the Bill of Rights of the arbitrarily deprived of his property. While
1973 Constitution existing during the the signatories to the Declaration did not
interregnum, absent a constitutional intend it as a legally binding document, it
provision excepting sequestration orders being only a declaration, it was
from such Bill of Rights, would render all interpreted to be part of the generally
sequestration orders void during the accepted principles of international law
interregnum. (Republic v SB, et, al., supra). and binding on the State. Thus, the
Revolutionary government was also
obligated under international law to
observe the rights of individuals under
Q- If there was no Bill of Rights as basis the Declaration. This is because the
of the exclusionary right of the people revolutionary government did not
during the interregnum, then, what repudiate the Covenant or the Declaration
laws or rules protected them from during the interregnum. The State has the
undue interference by the State over responsibility to comply in good faith
their rights? Explain. with its treaty obligations under
international law. (Republic v SB, et, al.,
Ans- The people continued to enjoy,
supra).
under the International Covenant on Civil
and Political Rights and the Universal
Declaration of Human Rights, almost the
same rights found in the Bill of Rights of Q- The application for the search
the 1973 Constitution. The revolutionary warrant and the search warrant
government assumed responsibility for merely included the guns and
the State’s good faith compliance with the ammunitions. But monies and other
Covenant and the Declaration to which things were seized. Was the seizure of
the Philippines is a signatory. Article 21 of those other things valid? Why?
MILKTEA NOTES 2017 | POLITICAL LAW COMPENDIUM
"The oak fought the wind and was broken, the willow bent when it must and survived.”
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Ans- No. The search warrant did not While it is true that the property to be
particularly describe the items and the seized under a warrant must be
raiding team confiscated them on its own particularly described therein and no
authority. It had no legal basis to seize other property can be taken thereunder,
them, hence, the seizure was void. Unless yet the description is required to be
these items are contraband per se (People specific only in so far as the
v Lim, GR No. 141699, August 7, 2002; Del circumstances will ordinarily allow. The
Rosario v People, 258 SCRA 373), and law does not require that the things to be
they are not, they must be returned to the seized must be described in precise and
person from whom the raiding team minute details as to leave no room for
seized them. (Republic v SB, et, al., supra). doubt on the part of the searching
authorities; otherwise it would be
virtually impossible for the applicants to
obtain a search warrant as they would not
Q- The search warrant commanded know exactly what kind of things they are
any peace officer to make an looking for.
immediate search of MASAGANA
compound located at Governor’s Drive,
Barangay Lapidario, Trece Martires,
Cavite City. It was contended that there
was no proper description since there
are many structures inside the
compound, hence, the warrants are
general, thus, void. Is the contention
correct? Why?
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