People v.

Barros
GR 90640
March 29, 1994
FACTS:
Sept. 6, 1987 Sergeants Yag-as and Ayan rode the Dangwa Bus bound for Sabangan,
Mountain Province. Upon reaching Bontoc, the bus stopped and both saw Bonifacio Barros
board the bus and putting the carton which he carried under his seat. The bus continued and upon
reaching their destination the sergeants called C2C Bongyao to inspect the carton. He found out
that it contained marijuana and he asked the passengers who the owner of the carton was but
nobody answered. Thereafter they invited Barros to the detachment for questioning as the latter
was the suspected owner of the carton. Barros denied ownership of the carton of marijuana, the
officers called for the bus conductor who pinpointed to Barros as the owner. Barros was charged
with violating the Dangerous Drugs Act of 1972 under which he was eventually convicted.
ISSUE:
1. Whether the failure of Barros to object to the search made in the moving vehicle resulting
to his warrantless arrest constitutes a waiver.
HELD:
1. No.
The Court held that the requirement that a judicial warrant must be obtained prior to the carrying
out of a search and seizure is not absolute. One of the exceptions relates to the search of moving
vehicles, for it is not practicable to secure a judicial warrant before searching a vehicle since
such can be quickly moved out of the jurisdiction in which the warrant may be sought. However
in this type of warrantless search officers are limited to routine checks, the vehicles are neither
really searched nor their occupants subjected to physical or body searches, the examination of
being limited to visual inspection. But when a vehicle is stopped and searched without a warrant,
the officers must still have reasonable or probable cause to believe that the motorist is a law
offender or the contents of the vehicle are instruments or proceeds of some criminal offense. In
the case at bar, there is nothing in the record that any circumstance which constituted or could
have reasonably constituted probable cause for the officers to search the carton. The Court added
that the accused is not to be presumed to have waived the unlawful search conducted on the
occasion of his warrantless arrest because he failed to object. For a waiver to be accepted: (1) it
must appear that the right exists (2) the person involved had knowledge of the existence of such
right and (3) the person had an actual intention to relinquish the right. A peaceful submission to a
search or seizure is not giving consent or an invitation, but is just a demonstration of regard for
the supremacy of the law.

Prepared by: Jo-Anne D. Coloquio