GR NO 147677 December 1, 2003

CRIM #01 People of the Philippines – Petitioners

NOV 11.21
Rogelio Pijo Milado – Respondent

FACTS
 This is a case of possession and transportation of prohibited drugs and on validity of
search and seizure as a consequence of a valid arrest.

 Appellant Rogelio P. Milado was arrested in relation to violation of Section 4 Article 3 of

RA 6425, as amended by RA 7659 otherwise known as the Dangerous Drugs Act of 1972.

 In the morning of March 10, 1999, Police Officers Faclangen and Apangchan received an
information that a certain man coming from Talubin was transporting marijuana blocks
onboard a passenger jeepney. Along with Komowang, they then proceeded to set up a
check point along the route of the jeepney. The policemen flagged down about 4-5
vehicles before coming across a jeepney that had on board appellant, who fitted the
description given by the asset as the person transporting the marijuana. The policemen
boarded the jeepney and invited appellant and the driver to the police station.

 Upon arriving at the police station, the policemen ordered appellant to open the black
bag, and they found out 6 bricks individually wrapped in newspaper, which was later
confirmed to be marijuana in a laboratory analysis.

 Appellant on his testimony also admitted that in 1982 he was arrested in possession of
marijuana and was sentenced to 6 years imprisonment, but he applied for probation.

ISSUES
Whether or not the evidence allegedly seized from the accused was a product of an illegal
search and seizure, and is therefore inadmissible under the rules of evidence and Article 2
Section 3(2) of the Constitution.

RULING
The court has reviewed the evidence on record and is convinced beyond reasonable doubt that
the crime charged was committed and that the appellant is guilty thereof.

Important Issues on this case:

1. ON SEARCH AND SEIZURE

o Search may be conducted by law enforcers only on the strength of a VALID SEARCH
WARRANT. But there are exceptions when one can make a WARRANTLESS SEARCH
AND SEIZURE:
 1) warrantless searches incidental to a lawful arrest
  2) seizures of evidence in plain view
 3) searches of a moving vehicle
 4) consented warrantless searches
 5) customs searches
 6) stop and frisk searches; and
 7) searches under exigent and emergency circumstances

o The evidence seized from the appellant was the product of SEARCH INCIDENTAL TO
A LAWFUL ARREST
o As a consequence to arrest, the policemen were authorized to look at the contents
of the black bag, on the ground that a contemporaneous search of a person may be
effected and may extend to areas that are within the custody and immediate
control.

2. CAUGHT IN THE ACTUAL COMMISSION OF A CRIME

o He was at that time transporting marijuana, an illegal substance under RA 66425

o The fact that the prohibited article was found on board a moving vehicle, it is the
duty of the police officers to immediately seize the same even in the absence of
warrant