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People vs Chua Ho San- Digested

People vs Chua Ho San- Digested

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Published by rhon31

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Published by: rhon31 on Sep 03, 2009
Copyright:Attribution Non-commercial


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G.R. No. 128222 June 17, 1999PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs.CHUA HO SAN @ TSAY HO SAN, accused-appellant.FACTS OF THE CASE:In response to reports of rampant smuggling of firearms and othercontraband, Chief of Police Jim Lagasca Cid of Bacnotan Police Station, LaUnion began patrolling the Bacnotan coastline with his officers. Whilemonitoring the coastal area of Barangay Bulala, he intercepted a radio call ataround 12:45 p.m. from Barangay Captain Juan Almoite of Barangay Tammocalao requesting for police assistance regarding an unfamiliarspeedboat the latter had spotted. According to Almoite, the vessel lookeddifferent from the boats ordinarily used by fisherfolk of the area and waspoised to dock at Tammocalao shores. Cid and six of his men led by SPO1Reynoso Badua, proceeded immediately to Tammocalao beach and thereconferred with Almoite. Cid then observed that the speedboat ferried a lonemale passenger, who was later identified as Chua Ho San. When the speedboat landed, the male passenger alighted, carrying a multicolored strawbag,and walked towards the road. Upon seeing the police officers, the manchanged direction. Badua held Chua’s right arm to prevent him from fleeing. They then introduced themselves as police officers; however, Chua did notunderstand what they’re saying. And by resorting of “sign language”, Cidmotioned with his hands for the man to open his bag. The man acceded tothe request. The said bag was found to contain several transparent plasticscontaining yellowish crystalline substances, which was later identified to bemethamphetamine hydrochloride or shabu. Chua was then brought toBacnotan Police Station, where he was provided with an interpreter to informhim of his constitutional rights.ISSUE: Whether or not the warrantless arrest, search and seizure conductedby the Police Officers constitute a valid exemption from the warrantrequirement.RULING: The Court held in the negative. The Court explains that the Constitution bars State intrusions to a person'sbody, personal effects or residence except if conducted by virtue of a valid of a valid search warrant issued in accordance with the Rules. However,warrantless searches may be permitted in the following cases, to wit:(1)search of moving vehicles,(2)seizure in plain view,(3)customs searches,(4)waiver or consent searches,

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