fundamental law, and constitutes a virtual denial of petitioners' freedom toexpress themselves in print. This state of being is patently anathematic to ademocratic framework where a free, alert and even militant press is essential forthe political enlightenment and growth of the citizenry.
PEOPLE VS. MONTILLAG. R. No. 123872Jan. 30, 1998Regalado, J.:Facts:Ruben Montilla, alias “Joy” was charged for violating Section 4, Article 2 of theDangerous Drugs Act of 1972, R. A. No. 6425, as amended by R. A. No. 7659 in an informationwhich alleges: “That on or about 20th day of June 1994, at Brgy. Salitran, Dasmarinas, Cavite,xxx the above-named accused, not being authorized by law, did then and there wilfully,unlawfully and feloniously, administer, transport and deliver 28 kilos of dried marijuana leaveswhich are considered prohibited drugs.Issue:Whether the warrantless search conducted on appellant invalidates the evidence obtainedfrom him?Ruling:A legitimate warrantless arrest necessarily cloaks the arresting officer with authority tovalidly search and seize from the offender (1) dangerous weapons; and (2) those that may beused as proof of the commission of an offense. On the defense argument that the warrantlesssearch conducted on appellant invalidates the evidence obtained from him, still the search on his belongings and the consequent confiscation of the illegal drugs as a result thereof was justified asa search incidental to a lawful arrest under Section 5 (a) Rule 113 of the Rules of Court.
People v. Malmstedt [GR 91107, 19 June 1991]
En Banc, Padilla (J): 8 concur, 1 on leave
Mikael Malmstedt, a Swedish national, entered the Philippines for the 3rd time inDecember 1988 as a tourist. He had visited the country sometime in 1982 and 1985. In theevening of 7 May 1989, Malmstedt left for Baguio City. Upon his arrival thereat in the morningof the following day, he took a bus to Sagada and stayed in that place for 2 days. On 11 May1989, Capt. Alen Vasco of NARCOM, stationed at Camp Dangwa, ordered his men to set up atemporary checkpoint at Kilometer 14, Acop, Tublay, Mountain Province, for the purpose of checking all vehicles coming from the Cordillera Region. The order to establish a checkpoint inthe said area was prompted by persistent reports that vehicles coming from Sagada weretransporting marijuana and other prohibited drugs. Moreover, information was received by theCommanding Officer of NARCOM, that same morning, that a Caucasian coming from Sagadahad in his possession prohibited drugs. At about 1:30 pm, the bus where Malmstedt was ridingwas stopped. Sgt. Fider and CIC Galutan boarded the bus and announced that they weremembers of the NARCOM and that they would conduct an inspection. During the inspection,CIC Galutan noticed a bulge on Malmstedt’s waist. Suspecting the bulge on Malmstedt’s waistto be a gun, the officer asked for Malmstedt’s passport and other identification papers. WhenMalmstedt failed to comply, the officer required him to bring out whatever it was that was bulging on his waist, which was a pouch bag. When Malmstedt opened the same bag, as ordered,