People vs.

Manago y Acut

G.R. No. 212340

PERLAS-BERNABE, J

Aug 17, 2016

In the case of People v. Manago y Acut, the court ruled in favor of the
accused-appellant, acquitting him of the crime of possession of dangerous
drugs due to the unlawful arrest and search conducted by the police officers.

Facts:
 Accused-appellant Gerrjan Manago y Acut appeals his conviction
for possession of dangerous drugs.
 Incident occurred on March 16, 2007, in Cebu City, Philippines.
 Police officers conducted a "hot pursuit" operation after a
robbery incident on March 15, 2007.
 Police officers set up a checkpoint and stopped Manago's red
Toyota Corolla.
 Manago was ordered to disembark and a search was conducted
on his vehicle and his person.
 Police officers found a plastic sachet containing a white
crystalline substance suspected to be methamphetamine
hydrochloride or shabu.
 Manago was arrested and charged with illegal possession of
shabu.

Issue:
 Whether or not Manago's conviction for possession of dangerous
drugs is valid.

Ruling:
 The court ruled in favor of Manago and acquitted him of the
crime.
 The court found that the warrantless arrest and search
conducted by the police officers were unlawful.
  The evidence seized from Manago was rendered inadmissible,
leading to his acquittal.

Ratio:
 A search and seizure must be carried out through or on the
strength of a judicial warrant predicated upon the existence of
probable cause.
 One of the recognized exceptions to the need for a warrant is a
search incidental to a lawful arrest.
 In this case, the court found that there was no lawful arrest as
the element of immediacy was not met.
 The police officers had already conducted an investigation and
verification proceedings, which yielded sufficient information on
the suspects of the robbery incident.
 There was no exigent circumstance that would have justified the
necessity of setting up the checkpoint and conducting the
search.
 The court also found that the search conducted on the red
Toyota Corolla and on Manago's person was unlawful.
 Therefore, the evidence seized from him was rendered
inadmissible, leading to his acquittal.