Exeption to search warrant requirement

1.) Valeroso vs CA, 598 SCRA 41

G.R. No 164815 September 3, 2009

Jerry Valeroso
vs.
People of the Philippines

FACTS OF THE CASE: Petitioner was accused with having a gun and ammunition in illegal
possession under
P.D. 1866 and was adjudicated guilty as charged by the Quezon City RTC.
The Central District Command served Sr. a valid arrest warrant on July 10, 1996.
Insp. Regarding a kidnapping for ransom, Jerry Valeroso. In Culiat, Quezon City's INP Central
Station, Valeroso was discovered and detained as he prepared to board a tricycle. After a
physical examination, a gun with live bullets was discovered concealed in his waist. Later, the
Firearms and Explosives Division at Camp Crame verified the subject firearm and discovered
that it had not been issued to the petitioner but rather to another person.
On the other hand, the defense argued that Valeroso was detained and searched inside the
boarding house where his kids were staying in New Era, Quezon City. Four men in civilian
clothing who were heavily armed burst into the room, startling him from his sleep. The raiding
party returned to the room, searched it, and ransacked it as they pointed their rifles at him and
pulled him out. A little while later, an agent emerged from the room and announced that he had
discovered a pistol there. An inhabitant of the room next door, Adrian Yuson, gave evidence on
behalf of the defense. According to SPO3 Timbol, Jr.'s testimony, Jerry Valeroso received the
gun and live ammo as a result of a Memorandum Receipt.
The RTC's findings of fact against the petitioner were true. The appellate court agreed upon the
appeal. hence the petition.
The RTC's accusations against the petitioner led to a conviction. The appellate court upheld the
same decision after an appeal. therefore the petition. As the evidence was the "fruit of the
poisonous tree," the petitioner expressed concerns about the legality of the search as well as
the admissibility and reliability of the evidence.

ISSUE: Whether the firearm and ammunition were legally taken during a warrantless search
and seizure.

RULING: THEREFORE, IN LIGHT OF THE ABOVE, THE DECISION OF FEBRUARY 22, 2008,
AND THE JUNE 30, 2008
Resolution is RETHINKED and SET APART. Sr. Insp. Jerry Valeroso is declared NOT GUILTY
of illegally possessing a gun and ammunition by this decision.

RATIONALE/REASON:We may easily draw the conclusion that Valeroso did not put up any
resistance when the arresting police served the warrant of arrest based on the facts described
above. By dragging him out of bed and escorting him outside the room with his wrists bound,
they quickly took control of him. Valeroso claimed that the locked cabinet was no longer a "area
within his immediate control" since there was no way for him to remove any weapons or get rid
of any evidence that might be used against him.