Professional Documents
Culture Documents
167 SCRA 393 – Political Law – Constitutional Law – ROMAN A. CRUZ, JR., petitioner, vs.
President’s Immunity From Suit – Must Be Invoked by the
President PEOPLE OF THE PHILIPPINES, THE SANDIGANBAYAN (First Division),
Luis Beltran is among the petitioners in this case. He, and OFFICE OF THE OMBUDSMAN
together with others, was charged with libel by the then
president Corzaon Aquino. Cory herself filed a complaint- FACTS:
affidavit against him and others. Makasiar averred that Cory
cannot file a complaint affidavit because this would defeat The Omnibus Motion of accused Roman A. Cruz, Jr. is
her immunity from suit. He grounded his contention on the denied for lack of merit. That petitioner filed a motion for
principle that a president cannot be sued. However, if a Reconsideration, dated April 12, 1993. On May 12, 1993,
president would sue then the president would allow herself to respondents Sandiganbayan promulgated a Resolution of the
be placed under the court’s jurisdiction and conversely she motion for Reconsideration of the accused of the Court’s
would be consenting to be sued back. Also, considering the
Resolution and herein DENIED for lack of merit. Hence,
functions of a president, the president may not be able to
appear in court to be a witness for herself thus she may be petitioner filed the instant petition. Petitioner contends
liable for contempt. that respondent Sandiganbayan committed a grave abuse of
discretion.
ISSUE: Whether or not such immunity can be invoked by Beltran,
a person other than the president. The information filed against petitioner charging
HELD: No. The rationale for the grant to the President of the with estafa through falsification of public documents and for
privilege of immunity from suit is to assure the exercise of which he stands to be tried before respondent court
Presidential duties and functions free from any hindrance or alleges.Respoindents, aver the office of the Ombudsman is not
distraction, considering that being the Chief Executive of the
exercising quasi-judicial or quasi-legislative powers because
Government is a job that, aside from requiring all of the
office-holder’s time, also demands undivided attention. “it does not act as a court” when it conducts preliminary
investigation of cases failing under its jurisdiction.
But this privilege of immunity from suit, pertains to the
President by virtue of the office and may be invoked only by The main function of the government prosecutor
the holder of the office; not by any other person in the during the preliminary investigation is merely to determine
President’s behalf. Thus, an accused like Beltran et al, in a
criminal case in which the President is the complainant cannot the existence of probable cause, and to file the corresponding
raise the presidential privilege as a defense to prevent the information if he finds it to be so. And, probable cause has
case from proceeding against such accused. been defined as the existence of such facts and circumstances
as would excite the belief, in a reasonable mind, acting on
Moreover, there is nothing in our laws that would prevent the
President from waiving the privilege. Thus, if so minded the the facts within the knowledge of the prosecutor, that the
President may shed the protection afforded by the privilege person charged was guilty of the crime for which he was
and submit to the court’s jurisdiction. The choice of whether prosecuted.
to exercise the privilege or to waive it is solely the
President’s prerogative. It is a decision that cannot be
assumed and imposed by any other person.
In the case at bar, the Ombudsman found that there only as may engender a well-grounded belief that an offense
was sufficient ground to believe that petitioner is guilty of has been committed and that the accused is probably guilty
the crime charged on the basis of the factual findings of thereof.
Prosecutor Tamayo in the latter’s Order dated February 11, The resolutions appealed are hereby AFFIRMED, with the
1992 which were arrived at after taking into consideration the modification that respondent Ombudsman is DIRECTED to produce
evidence presented by the parties. A cursory perusal of the the pertinent records of the preliminary investigation before
records of this case will show that the findings of fact by the Sandiganbayan at the proper juncture of the proceedings
the Office of the Ombudsman are supported by substantial therein and on sufficient justification therefore.
evidence, hence the same should be considered conclusive.
ISSUE:
LIM VS FELIX
1. Whether or not that there was a grave discretion.
2. Did the petitioner rely on the provisions applied on FACTS: On March 17, 1989, at about 7:30 o'clock in the
the Rules on Criminal Procedures? morning, at the vicinity of the airport road of the Masbate
Domestic Airport, located at the municipality of Masbate
3. Whether or not that no grave abuse of discretion has province of Masbate, Congressman Moises Espinosa, Sr. and his
been committed by respondents, which would warrant the security escorts, namely Provincial Guards Antonio Cortes,
granting of the writ certiorari. Gaspar Amaro, and Artemio Fuentes were attacked and killed by
a lone assassin. Dante Siblante another security escort of
RULING: Congressman Espinosa, Sr. survived the assassination plot,
although, he himself suffered a gunshot wound. An
No. This rule refers to the right of the accused to investigation of the incident then followed.
Thereafter, and for the purpose of preliminary investigation,
move for production or inspection of material evidence in the
the designated investigator filed an amended complaint with
possession of the prosecution. It authorizes the defense to the Municipal Trial Court of Masbate accusing Vicente Lim, Sr.
inspect copy or photograph any evidence of the prosecution in et al of the crime of multiple murder and frustrated murder in
its possession after obtaining the permission of the court. A connection with the airport incident.
motion showing good reasons for the granting of the permission After conducting the preliminary investigation, the court
must be filed by the defense for this purpose, with notice to issued an order concluding that a probable cause has been
all parties. established for the issuance of a warrant of arrest of named
accused..
It is not a trial of the case on the merits and has no
On October 30, 1989, Fiscal Alfane filed with the Regional
purpose except that of determining whether a crime has been Trial Court of Masbate, four (4) separate informations of
committed and whether there is probable cause to believe that murder against the twelve (12) accused with a recommendation
the accused is guilty thereof, and it does not place the of no bail.
persons against whom it is taken in jeopardy. On November 21, 1989, petitioners Vicente Lim, Sr. and Susana
The established rule is that a preliminary investigation Lim filed with us a verified petition for change of venue w/c
is not the occasion for the full and exhaustive display of the was authorized, from the RTC of Masbate to the RTCt of Makati
to avoid miscarriage of justice. The cases were raffled to
parties’ evidence; it is for the presentation of such evidence Branch 56 presided by respondent Judge Nemesio S. Felix.
Petitioners Vicente Lim, Sr. and Susana Lim filed with the depositions had already been taken. The stenographer read to
respondent court several motions and manifestations, among him her stenographic notes; and thereafter, J Ruiz asked
others was an order be issued requiring the transmittal of the respondent Logronio to take the oath and warned him that if
initial records of the preliminary inquiry or investigation his deposition was found to be false and without legal basis,
conducted by the Municipal Judge Barsaga of Masbate for the he could be charged for perjury. J Ruiz signed de Leon’s
best enlightenment of this Honorable Court in its personal application for search warrant and Logronio’s deposition. The
determination of the existence of a probable cause or prima search was subsequently conducted.
facie evidence as well as its determination of the existence
ISSUE: Whether or not there had been a valid search warrant.
of guilt, pursuant to the mandatory mandate of the
constitution that no warrant shall issue unless the issuing HELD: The SC ruled in favor of Bache on three grounds.
magistrate shall have himself been personally convinced of
1. J Ruiz failed to personally examine the complainant and
such probable cause.
his witness.
Respondent court issued an order denying for lack of merit the
motions and manifestations and issued warrants of arrest Personal examination by the judge of the complainant and his
against the accused including the petitioners herein. witnesses is necessary to enable him to determine the
existence or non-existence of a probable cause.
ISSUE : Whether or not a judge may issue a warrant of arrest 2. The search warrant was issued for more than one specific
without bail by simply relying on the prosecution's offense.
certification and recommendation that a probable cause exists.
The search warrant in question was issued for at least four
HELD: If a Judge relies solely on the certification of the distinct offenses under the Tax Code. As ruled
Prosecutor as in this case where all the records of the in Stonehill “Such is the seriousness of the irregularities
investigation are in Masbate, he or she has not personally committed in connection with the disputed search warrants,
determined probable cause. The determination is made by the that this Court deemed it fit to amend Section 3 of Rule 122
Provincial Prosecutor. The constitutional requirement has not of the former Rules of Court that ‘a search warrant shall not
been satisfied. The Judge commits a grave abuse of discretion. issue but upon probable cause in connection with one specific
offense.’ Not satisfied with this qualification, the Court
added thereto a paragraph, directing that ‘no search warrant
Bache & Co. Inc. et al vs BIR Commissioner Vivencio Ruiz et al shall issue for more than one specific offense.
Search and Seizure – Personal Examination of the Judge 3. The search warrant does not particularly describe the
things to be seized.
On 24 Feb 1970, Commissioner Vera of Internal Revenue, wrote a
letter addressed to J Ruiz requesting the issuance of a search The documents, papers and effects sought to be seized are
warrant against petitioners for violation of Sec 46(a) of the described in the Search Warrant
NIRC, in relation to all other pertinent provisions thereof, “Unregistered and private books of accounts (ledgers,
particularly Sects 53, 72, 73, 208 and 209, and authorizing journals, columnars, receipts and disbursements books,
Revenue Examiner de Leon make and file the application for customers ledgers); receipts for payments received;
search warrant which was attached to the letter. The next day, certificates of stocks and securities; contracts, promissory
de Leon and his witnesses went to CFI Rizal to obtain the notes and deeds of sale; telex and coded messages; business
search warrant. At that time J Ruiz was hearing a certain communications, accounting and business records; checks and
case; so, by means of a note, he instructed his Deputy Clerk check stubs; records of bank deposits and withdrawals; and
of Court to take the depositions of De Leon and Logronio. records of foreign remittances, covering the years 1966 to
After the session had adjourned, J Ruiz was informed that the 1970.”
The description does not meet the requirement in Art III, Sec. written deposition is necessary in order that the Judge may be
1, of the Constitution, and of Sec. 3, Rule 126 of the Revised able to properly determine the existence or non-existence of
Rules of Court, that the warrant should particularly describe the probable cause, to hold liable for perjury the person
the things to be seized. giving it if it will be found later that his declarations are
false.
A search warrant may be said to particularly describe the
We, therefore, hold that the search warrant is tainted with
things to be seized when the description therein is as
illegality by the failure of the Judge to conform with the
specific as the circumstances will ordinarily allow or when
essential requisites of taking the depositions in writing and
the description expresses a conclusion of fact not of law by
attaching them to the record, rendering the search warrant
which the warrant officer may be guided in making the search
invalid. (See Rule 126, Sec 4)
and seizure or when the things described are limited to those
The respondent judge also declared that he "saw no need to
which bear direct relation to the offense for which the
have applicant Quillosa's deposition taken considering that he
warrant is being issued.
was applying for a search warrant on the basis of the
information provided by the witnesses whose depositions had
already been taken by the undersigned.
Roan v. Gonzales, 145 SCRA 687 (1986) In other words, the applicant was asking for the issuance of
the search warrant on the basis of mere hearsay and not of
information personally known to him, as required by settled
FACTS: The challenged search warrant was issued by the jurisprudence.
respondent judge on May 10, 1984. The petitioner's house was
searched two days later but none of the articles listed in the
warrant was discovered. However, the officers conducting the ALVAREZ VS CFI
search found in the premises one Colt Magnum revolver and
eighteen live bullets which they confiscated. They are now the
bases of the charge against the petitioner. FACTS: On June 3, 1936, the chief of the secret service of the
Respondent Judge said that when PC Capt. Mauro P. Quinosa Anti-Usury Board, of the Department of Justice, presented to
personally filed his application for a search warrant on May Judge Eduardo Gutierrez David then presiding over the Court of
10, 1984, he appeared before him in the company of his two (2)
First Instance of Tayabas, an affidavit alleging that
witnesses, Esmael Morada and Jesus Tohilida, both of whom
likewise presented to him their respective affidavits taken by according to reliable information, the petitioner kept in his
Pat. Josue V. Lining, a police investigator. As the house in Infanta, Tayabas, books, documents, receipts, lists,
application was not yet subscribed and sworn to, he proceeded chits and other papers used by him in connection with his
to examine Captain Quillosa on the contents thereof to activities as a money-lender charging usurious rates of
ascertain, among others, if he knew and understood the same. interest in violation of the law. In his oath at the and of
Afterwards, he subscribed and swore to the same before him. the affidavit, the chief of the secret service stated that his
answers to the questions were correct to the best of his
ISSUE: Whether the Respondent Judge failed to comply with the
proper procedure in issuing the Search Warrant. knowledge and belief. He did not swear to the truth of his
statements upon his own knowledge of the facts but upon the
HELD: Yes, mere affidavits of the complainant and his information received by him from a reliable person. Upon the
witnesses are thus not sufficient. The examining Judge has to affidavit in question the Judge, on said date, issued the
take depositions in writing of the complainant and the warrant which is the subject matter of the petition, ordering
witnesses he may produce and attach them to the record. Such the search of the petitioner's house at any time of the day or
night, the seizure of the books and documents above-mentioned proceeding or proceedings for violation against him, we hold
and the immediate delivery thereof to him to be disposed of in that the search warrant issued is illegal and that the
accordance with the law. With said warrant, several agents of documents should be returned to him.
the Anti-Usury Board entered the petitioner's store and
residence at seven o'clock on the night of June 4, 1936, and Microsoft Corporation vs Maxicorp, Inc.
seized and took possession of the following articles: internal
revenue licenses for the years 1933 to 1936, one ledger, two
journals, two cashbooks, nine order books, four notebooks, 438 SCRA 224 – Mercantile Law – Intellectual Property – Law on
four checks stubs, two memorandums, three bankbooks, two Copyright – Probable Cause in Issuing Search Warrant
contracts, four stubs, forty-eight stubs of purchases of In 1996, Dominador Samiano, Jr., an agent of the National
copra, two inventories, two bundles of bills of lading, one Bureau of Investigation (NBI) conducted a surveillance against
bundle of credit receipts, one bundle of stubs of purchases of Maxicorp, Inc. He observed that Microsoft Softwares (Windows
Operating Systems) were being produced and packaged within the
copra, two packages of correspondence, one receipt book
premises of Maxicorp. Samiano, together with a civilian
belonging to Luis Fernandez, fourteen bundles of invoices and witness (John Benedict Sacriz) then bought a computer unit
other papers many documents and loan contracts with security from Maxicorp. The unit was pre-installed with a pirated copy
and promissory notes, 504 chits, promissory notes and stubs of of Windows. For their purchase, they were issued a receipt,
used checks of the Hongkong & Shanghai Banking Corporation. however, the receipt was in the name of a certain “Joel Diaz”.
The search for and a seizure of said articles were made with Subsequently, Samiano applied for a search warrant before the
RTC. He brought with him Sacriz as witness. He also brought
the the opposition of the petitioner who stated his protest
the computer unit they bought as evidence as well as the
below the inventories on the ground that agents seized even receipt. He even added an additional witness (Felixberto
the originals of the documents. Pante), a computer technician, who showed the judge that the
software in the computer unit bought by Samiano from Maxicorp
ISSUE: WON the Search Warrant issued by the respondent court was pirated. The RTC judge, convinced that there is a
valid. probable cause for a case of copyright infringement and
unfair competition committed by Maxicorp, issued the
HELD: The seizure of books and documents by means of a search corresponding warrant. Maxicorp assailed the legality of the
warrant, for the purpose of using them as evidence in a warrant before the Court of Appeals. The Court of Appeals
criminal case against the person in whose possession they were ruled in favor of Maxicorp and in its decision it highlighted
found, is unconstitutional because it makes the warrant the fact that the receipt issued was not in Samiano’s or
unreasonable, and it is equivalent to a violation of the Sacriz’ name hence the proceeding in the trial court was
infirm from the onset.
constitutional provision prohibiting the compulsion of an
accused to testify against himself (Uy Kheytin vs. Villareal, ISSUE: Whether or not the Court of Appeals is correct.
42 Phil,, 886; Brady vs. U. S., 266 U. S., 620; Temperani vs. HELD: No. The testimonies of the two witnesses, coupled with
U. S., 299 Fed., 365; U. S. vs. Madden, 297 Fed., 679; Boyd the object and documentary evidence they presented, are
vs. U. S.,116 U. S., 116; Caroll vs. U. S., 267 U. S., 132). sufficient to establish the existence of probable cause. From
Therefore, it appearing that at least nineteen of the what they have witnessed, there is reason to believe that
Maxicorp engaged in copyright infringement and unfair
documents in question were seized for the purpose of using
competition to the prejudice of Microsoft. Both NBI Agent
them as evidence against the petitioner in the criminal Samiano and Sacriz were clear and insistent that the
counterfeit software were not only displayed and sold within stand on. The constitutional requirement of reasonable
Maxicorp’s premises, they were also produced, packaged and in particularity of description of the things to be seized is
some cases, installed there. primarily meant to enable the law enforcers serving the
The fact that the receipt issued was not in Samiano’s name nor warrant to: (1) readily identify the properties to be seized
was it in Sacriz’ name does not render the issuance of the and thus prevent them from seizing the wrong items; and (2)
warrant void. No law or rule states that probable cause leave said peace officers with no discretion regarding the
requires a specific kind of evidence. No formula or fixed rule articles to be seized and thus prevent unreasonable searches
for its determination exists. Probable cause is determined in
the light of conditions obtaining in a given situation.Thus, and seizures. What the Constitution seeks to avoid are search
it was improper for the Court of Appeals to reverse the RTC’s warrants of broad or general characterization or sweeping
findings simply because the sales receipt evidencing NBI Agent descriptions, which will authorize police officers to
Samiano’s purchase of counterfeit goods is not in his name. undertake a fishing expedition to seize and confiscate any and
all kinds of evidence or articles relating to an offense.
However, it is not required that technical precision of
PEOPLE VS TEE description be required, particularly, where by the nature of
the goods to be seized, their description must be rather
general, since the requirement of a technical description
FACTS: Appellant is a Chinese national in his forties, a
would mean that no warrant could issue.
businessman, and a resident of Baguio City. A raid conducted
by operatives of the National Bureau of Investigation (NBI) TAMBASEN VS. PEOPLE [246 SCRA 184; G.R. NO. 89103; 14 JUL
and Philippine National Police Narcotics Command (PNP NARCOM) 1995]
at premises allegedly leased by appellant and at his residence
yielded huge quantities of marijuana.
Facts: In August 1988, P/Sgt. Natuel applied for issuance of
Appellant moved to quash the search warrant on the ground that search warrant alleging that he received information that
it was too general and that the NBI had not complied with the
requirements for the issuance of a valid search warrant. The Petitioner had in his possession at his house “M-16 Armalite
pendency of said motion, however, did not stop the filing of rifles, hand grenades, .45 Cal. pistols, dynamite sticks and
the appropriate charges against appellant. In an information
subversive documents”, which were “used orintended to be used”
dated July 24, 1998, the City Prosecutor of Baguio City
charged Modesto Tee, alias “Estoy Tee,” with illegal for illegal purposes. The application was granted.
possession of marijuana.
In September, a police team, searched the house of petitioner
ISSUE: Whether or not the appellant's contention that the
description on the serach warrant which says “an undetermined and seized “2 envelopes containing P14000, handset
amount of marijuana,” was too general and hence makes the with antennae, transceiver withantennae, regulator supply,
warrant void for vagueness.
academy notebook and assorted papers and handset battery
HELD: SC held that the appellant’s contention, has no leg to pack”. In October, petitioner moved that the search and
He was also the manager of the club.-The police of Manila had
seizure be declared illegal and that the seized articles be
reliable information that the so-called Parliamentary Club was
returned to him. In December, MTCC, in its order, directed Lt. nothing more than a gambling house. Indeed, on May 19,
1923, J. F. Townsend, the chief of the gambling squad, had
Col. Torres to return the money seized to petitioner ruling been to the club and verified this fact. As a result, on May
that any seizure should be limited to the specified items 25, 1923, Detective Andres Geronimo of the secret service of
the City of Manila, applied for, and obtained a search warrant
covered thereby. SolGen petitioned with the RTC for from Judge Garduño of the municipal court. Thus provided, the
theannulment of the order of MTCC citing that pending the police attempted to raid the Parliamentary Club a little after
three in the afternoon of the date above- mentioned. They
determination of legality of seizure of the articles, they found the doors to the premises closed and barred.
should remain in custogia legis. RTC granted the petition. Accordingly, one band of police including policeman Rosacker,
ascended a telephone pole, so as to enter a window of the
house. Other policemen, headed by Townsend, broke in the outer
Issue: Whether or Not the seizure of the articles which were door.-Once inside the Parliamentary Club, nearly fifty persons
were apprehended by the police. One of them was the defendant
not mentioned in the search warrant was legal. Veloso. Veloso asked Townsend what he wanted, and the latter
showed him the search warrant. Veloso read it and told
Townsend that he was Representative Veloso and not John Doe,
Held: Section 2 Article III of the 1987 Constitution requires and that the police had no right to search the house. Townsend
answered that Veloso was considered as John Doe. As Veloso's
that a search warrant should particularly describe the things pocket was bulging, as if it contained gambling utensils,
to be seized. The police acts beyond the parameters of their Townsend required Veloso to show him the evidence of the game.
About five minutes was consumed in conversation between the
authority if they seize articles not described in the search policemen and the accused the policemen insisting on searching
warrants. The evident purpose and intent of the requirement is Veloso, and Veloso insisting in his refusal to submit to the
search.-At last the patience of the officers was exhausted. So
to limit the things to be seized, to leave the officers of the policeman Rosacker took hold of Veloso only to meet with his
law with no discretion; that unreasonable search and seizure resistance. Veloso bit Rosacker in the right forearm, and gave
him a blow in another part of the body, which injured the
may not be made and that abuses may not be committed. policeman quite severely. Through the combined efforts of
Townsend and Rosacker, Veloso was finally laid down on the
floor, and long sheets of paper, of reglas de monte, cards,
Petition granted. People of the Philippines is ordered to cardboards, and chips were taken from his pockets.-All of the
persons arrested were searched and then conducted to the
return the money seized.
patrol wagons. Veloso again refusedto obey and shouted
PEOPLE VS VELOSO48 PHIL. 169 (1925)MALCOLM, J. offensive epithets against the police department. It was
necessary for the policemen to conduct him downstairs. At the
Facts:- door, Veloso resisted so tenaciously that three policemen were
In May, 1923, the building located at No. 124 Calle Arzobispo, needed to place him in the patrol wagon.-The warrant read as
City of Manila, was used by an organization known as the follows:…SEARCH WARRANT (G) The People of the Philippine Islands,
Parliamentary Club. Jose Ma. Veloso was at that time a member to any member of the Police Force of the City
of the House of Representative of the Philippine Legislature. of Manila.GREETING Proof by affidavit having this day been made
before me by Andres Geronimo that he has good reason to be sufficient to indicate clearly the proper person or persons
believe and does believe that John Doe has illegally in his upon whom the warrant is to be served; and should state his
possession in the building occupied by him and which is under personal appearance and peculiarities, give his occupation and
his control, namely in the building numbered 124 Calle place of residence, and any other circumstances by means
Arzobispo, City of Manila, Philippines Islands, certain of which he can be identified. In the first place, the
devices and effects used in violation of the Gambling Law, affidavit for the search warrant and the search warrant itself
to wit: money, cards, chips, reglas, pintas, tables and chairs described the building to be searched as "the building No.
and other utensils used in connection with the game commonly 124 Calle Arzobispo, City of Manila, Philippine Islands."
known as monte and that the said John Doe keeps and conceals This, without doubt, was a sufficient designation of the
said devices and effects with the illegal and criminal premises to be searched. As the search warrant stated that
intention of using them in violation of the Gambling Law. Now John Doe had gambling apparatus in his possession in the
therefore, you are hereby commanded that at any time in the building occupied by him at No. 124 Calle Arzobispo, City of
day or night within ten (10) days on or after this date to Manila, and as this John Doe was Jose Ma. Veloso, the manager
make a search on the person of said John Doe and in the house of the club, the police could identify John Doe as Jose
situated at No. 124 Calle Arzobispo, City of Manila, Ma. Veloso without difficulty.
Philippine Islands, in quest of the above described devices
and effects and if you find the same or any part thereof, you
are commanded to bring it forthwith before me as provided for Yousef Al Ghoul vs. Court of Appeals
by law. Given under my hand, this 25th day of May, GR No.126859, September 4, 2001
1923.(Sgd.) L. GARDUÑO Judge, Municipal Court
Issue: Facts: Judge Geronimo S. Mangay, presiding judge of the
WON the search warrant and the arrest of Veloso was valid. Regional Trial Court, National Capital Judicial Region, Branch
Ruling:
125, Kalookan City, issued search warrants 54-953 and 55-954
Yes.
for the search and seizure of certain items in Apartment No. 2
RD: at 154 Obiniana Compound, Deparo Road, Kalookan City.
It is provided, among other things, in the Philippine Code on
Criminal Procedure that “a search warrant shall not issue On April 1, 1995, the police searched Apartment No. 8, in the
except for probable cause and upon application supported by same compound and found one (1) .45 caliber pistol.
oath particularly describing the place to be searched and the
Found in Apartment No. 2 were firearms, ammunitions and
person of thing to be seized.” The name and description of the
accused should be inserted in the body of the warrant and explosives.
where the name is unknown there must be such a description of Petitioners were charged before the Regional Trial Court of
the person accused as will enable the officer to identify him
Kalookan City accusing them with illegal possession of
when found. A warrant for the apprehension of a person whose
true name is unknown, by the name of "John Doe" or" Richard firearms, ammunitions and explosives, pursuant to Presidential
Roe," "whose other or true name in unknown," is void, Decree No. 1866.6 Thereafter, petitioners were arrested and
without other and further descriptions of the person to be
apprehended, and such warrant will not justify the officer detained.
in acting under it. Such a warrant must, in addition, contain Petitioners contend that the search and seizure orders
the best descriptio personae possible to be obtained of the violated Sections 2 and 3 of the Bill of Rights as well as
person or persons to be apprehended, and this description must
Section 3 of Rule 126 of the Rules of Court on Criminal
Procedure because the place searched and articles seized were seized from Apartment No. 2 were described with specifity in
not described with particularity. They argue that the two- the warrants in question. The nature of the items ordered to
witness requirement under Section 10 of Rule 126 was ignored be seized did not require a technical description.
when only one witness signed the receipt for the properties Moreover, the law does not require that the things to be
seized during the search, and said witness was not presented seized must be described in precise and minute details as to
at the trial. leave no room for doubt on the part of the searching
authorities, otherwise, it would be virtually impossible for
ISSUE: W/N the items described in the warrant were the applicants to obtain a search warrant as they would not
sufficiently described with particularity. know exactly what kind of things they are looking for.
Substantial similarity of those articles described as a class
HELD: As held in PICOP v. Asuncion, the place to be searched or species would suffice.
cannot be changed, enlarged nor amplified by the police.
The case of Bache and Co. (Phil.), Inc. v. Ruiz , 37 SCRA 823,
Policemen may not be restrained from pursuing their task with 835 (1971), pointed out that one of the tests to determine the
vigor, but in doing so, care must be taken that constitutional particularity in the description of objects to be seized under
and legal safeguards are not disregarded. Exclusion of a search warrant is when the things described are limited to
unlawfully seized evidence is the only practical means of those which bear direct relation to the offense for which the
enforcing the constitutional injunction against unreasonable warrant is being issued. A careful examination of the Search
searches and seizures. Hence, we are constrained to declare
Warrants shows that they were worded in such a manner that the
that the search made at Apartment No. 8 is illegal and the .45
enumerated items to be seized could bear a direct relation to
caliber pistol taken thereat is inadmissible in evidence
the offense of violation of Section 1 and 3 of Presidential
against petitioners.
Decree No.1866, as amended, penalizing illegal possession of
firearms, ammunitions and explosives.
Now, in contrast, the search conducted at Apartment No. 2
could not be similarly faulted. The search warrants in
question specifically mentioned Apartment No. 2. The search
was done in the presence of its occupants, herein petitioners, Frank Uy & Unifish Packing Corp. vs Bureau of Internal Revenue
in accordance with Section 7 of Rule 126, Revised Rules of et al
Court. Petitioners allege lack of particularity in the Search and Seizure – Requisites of a Valid Search Warrant
description of objects to be seized pursuant to the warrants. In Sept 1993, Rodrigo Abos, a former employee of UPC reported
That the articles seized during the search of Apartment No. 2 to the BIR that Uy Chin Ho aka Frank Uy, manager of UPC, was
are of the same kind and nature as those items enumerated in selling thousands of cartons of canned cartons without issuing
a report. This is a violation of Sec 253 & 263 of the Internal
the search warrant appears to be beyond cavil. The items Revenue Code. In Oct 1993, the BIR requested before RTC Cebu
to issue a search warrant. Judge Gozo-Dadole issued a warrant inconsistencies wered cured by the issuance of the latter
on the same day. A second warrant was issued which contains warrant as it has revoked the two others.
the same substance but has only one page, the same was dated
Section 2, Article III of the Constitution guarantees the
Oct 1st 2003. These warrants were issued for the alleged
right of the people against unreasonable searches and
violation by Uy of Sec 253. A third warrant was issued on the
seizures:
same day for the alleged violation of Uy of Sec 238 in
relation to sec 263. On the strength of these warrants, agents The right of the people to be secure in their persons, houses,
of the BIR, accompanied by members of the PNP, on 2 Oct 1993, papers, and effects against unreasonable searches and seizures
searched the premises of the UPC. They seized, among other of whatever nature and for any purpose shall be inviolable,
things, the records and documents of UPC. A return of said and no search warrant or warrant of arrest shall issue except
search was duly made by Labaria with the RTC of Cebu. UPC upon probable cause to be determined personally by the judge
filed a motion to quash the warrants which was denied by the after examination under oath or affirmation of the complainant
RTC. They appealed before the CA via certiorari. The CA and the witnesses he may produce, and particularly describing
dismissed the appeal for a certiorari is not the proper the place to be searched and the persons or things to be
remedy. seized.
ISSUE: Whether or not there was a valid search warrant issued.
HELD: The SC ruled in favor of UPC and Uy in a way for it NOTES
ordered the return of the seized items but sustained the Rule 126 of the Rules of Court provides:
validity of the warrant. The SC ruled that the search warrant
issued has not met some basic requisites of validity. A search SEC. 3. Requisite for issuing search warrant. – A search
warrant must conform strictly to the requirements of the warrant shall not issue but upon probable cause in connection
foregoing constitutional and statutory provisions. These with one specific offense to be determined personally by the
requirements, in outline form, are: judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly
(1) the warrant must be issued upon probable cause;
describing the place to be searched and the things to be
(2) the probable cause must be determined by the judge himself seized.
and not by the applicant or any other person;
SEC. 4. Examination of complainant; record. – The judge must,
(3) in the determination of probable cause, the judge must before issuing the warrant, personally examine in the form of
examine, under oath or affirmation, the complainant and such searching questions and answers, in writing and under oath the
witnesses as the latter may produce; and complainant and any witnesses he may produce on facts
personally known to them and attach to the record their sworn
(4) the warrant issued must particularly describe the place to
statements together with any affidavits submitted.
be searched and persons or things to be seized.
The SC noted that there has been inconsistencies in the
description of the place to be searched as indicated in the
said warrants. Also the thing to be seized was not clearly
defined by the judge. He used generic itineraries. The
warrants were also inconsistent as to who should be searched.
One warrant was directed only against Uy and the other was
against Uy and UPC. The SC however noted that the
Go Vs. Court of Appeals 206 SCRA 138 G.R. No. 101837 subversion, membership in an outlawed organization, etc. There
was no lawful warrantless arrest under Section 5, Rule 113.
February 11, 1992 This is because the arresting officers were not actually there
during the incident, thus they had no personal knowledge and
their information regarding petitioner were derived from other
Facts: Petitioner, while traveling in the wrong direction on a sources. Further, Section 7, Rule 112, does not apply.
one-way street, almost had a collision with another vehicle.
Petitioner was not arrested at all, as when he walked in the
Petitioner thereafter got out of his car, shot the driver of
police station, he neither expressed surrender nor any
the other vehicle, and drove off. An eyewitness of the
statement that he was or was not guilty of any crime. When a
incident was able to take down petitioner’s plate number and
complaint was filed to the prosecutor, preliminary
reported the same to the police, who subsequently ordered a
investigation should have been scheduled to determine probable
manhunt for petitioner. 6 days after the shooting, petitioner
cause. Prosecutor made a substantive error, petitioner is
presented himself in the police station, accompanied by 2
entitled to preliminary investigation, necessarily in a
lawyers, the police detained him. Subsequently a criminal
criminal charge, where the same is required appear thereat.
charge was brought against him. Petitioner posted bail, the
Petition granted, prosecutor is ordered to conduct preliminary
prosecutor filed the case to the lower court, setting and
investigation, trial for the criminal case is suspended
commencing trial without preliminary investigation. Prosecutor
pending result from preliminary investigation, petitioner is
reasons that the petitioner has waived his right to
ordered released upon posting a bail bond.
preliminary investigation as bail has been posted and that
such situation, that petitioner has been arrested without a
warrant lawfully, falls under Section 5, Rule 113 and Section
7, Rule 112 of The 1985 Rules of Criminal Procedure which
provides for the rules and procedure pertaining to situations
of lawful warrantless arrests. Petitioner in his petition for
certiorari assails such procedure and actions undertaken and
files for a preliminary investigation.
Issue:
Aside from the policemen, the prosecution also presented There is no question that evidence obtained as a result of an
Rigoberto Danganan who identified the .38 caliber Smith and illegal search or seizure is inadmissible in any proceeding
Wesson revolver as among the articles stolen from him during a for any purpose. In fact, illegal search or seizure is an
robbery in his house in Malabon. Danganan pointed at Mengote y absolute prohibition of Article 3(2) of the Constitution. The
Tejas as one of the robbers. Solicitor General, however, while conceding the rule,
maintains that it is not applicable in the case at bar. His
The defense side however, Mengote, made no effort to prove
reason is that the arrest and search of Mengote and the
that he owned the firearm or that he was licensed to possess
seizure of the revolver from him were lawful under Rule 113,
it and claimed instead that the weapon had been "planted" on
Section 5, of the Rules of Court:
him at the time of his arrest.
SC: “looking from side to side” and “holding his abdomen” and
in a place not exactly forsaken certainly do not constitute SC: Moreover, Paragraph b is all the more not applicable for
sinister acts. its requirements have not been satisfied. The prosecution has
It would have been different if Mengote had been apprehended not shown that at the time of Mengote's arrest an offense had
in fact just been committed and that the arresting officers
at an ungodly hour and in a place where he had no reason to
be, like a darkened alley at 3 o'clock in the morning. But he had personal knowledge of facts indicating that Mengote had
committed it. All they had was hearsay information from the
was arrested at 11:30 in the morning and in a crowded street
shortly after alighting from a passenger jeep with his telephone caller, and about a crime that had yet to be
companion. He was not skulking in the shadows but walking in committed.
the clear light of day. There was nothing clandestine about
his being on that street at that busy hour in the blaze of the
As for the illegal possession or the firearm found on tried to avoid the policemen, the latter approached him and
Mengote's person, the policemen discovered this only after he asked what he was holding in his hands. Manalili tried to
had been searched and the investigation conducted later resist, but the policemen were persistent until he yielded his
revealed that he was not its owners nor was he licensed to wallet which they examined and found to contain crushed
possess it. Before these events, the peace officers had no marijuana residue. Further examination by the Forensic
knowledge even of Mengote' identity, let alone the fact (or Chemistry Section of the NBI confirmed the findings. Trial
suspicion) that he was unlawfully carrying a firearm or that court convicted Manalili of violation of Section 8, Article
he was involved in the robbery of Danganan's house. (In short II, of RA 6425. Upon appeal, the Court of Appeals affirmed the
there was no investigation done, policemen had no personal decision of the trial court.(In his defense, Manalili claimed
knowledge about Mengote) that he was not walking; that he was riding a tricycle until
the three policemenordered the driver of the tricycle to stop
because the driver and passenger were allegedly under the
It would be a sad day, indeed, if any person could be influence of marijuana. He claimed that he was searched and his pants
summarily arrested and searched just because he is holding his were turned inside-out but nothing was found. To some extent he
abdomen, even if it be possibly because of a stomachache, or implied that the marijuana sample found in his entity was
if a peace officer could clamp handcuffs on any person with a framed up by the policemen.)
shifty look on suspicion that he may have committed a criminal
act or is actually committing or attempting it. Without the Issue: WON the evidence seized during a stop-and-frisk
evidence of the firearm taken from him at the time of his operation is admissible.
illegal arrest, the prosecution has lost its most important
exhibit and must therefore fail. The testimonial evidence Held: YesRatio: The general rule is that a search and seizure
against Mengote (which is based on the said firearm) is not must be validated by a previously secured judicial
sufficient to prove his guilt beyond reasonable doubt of the warrant.However, this is not absolute and exceptions have been
crime imputed to him. contemplated by the law:
There is no need therefore to discuss the other issue in depth
as the ruling is sufficient enough to sustain Mengote's 1.Search incidental to a lawful rrest
exoneration.
2.Search of moving vehicles
FINAL DISPOSITIVE PORTION: Decision is reversed and set aside.
Mengote is acquitted. 3.Seizure in plain view
PEOPLE VS. COGAED “Stop and frisk” searches (sometimes referred to as Terry
June 30, 2014, G.R. No. 200334 searches) are necessary for law enforcement. That is, law
LEONEN, J. enforcers should be given the legal arsenal to prevent the
commission of offenses. However, this should be balanced with
FACTS: Victor Cogaed was riding a jeepney with a bag from the need to protect the privacy of citizens in accordance with
Barangay Lun-Oy and during a checkpoint, the driver of the Article III, Section 2 of the Constitution. The balance lies
jeepney he rode made a signal to the police telling that in the concept of “suspiciousness” present in the situation
Cogaed was carrying marijuana inside Cogaed’s bag; the police where the police officer finds himself or herself in. This may
officer then approached Cogaed and asked the accused about the be undoubtedly based on the experience of the police officer.
contents of his bags. Cogaed replied that he did not know what It does not have to be probable cause, but it cannot be mere
was inside and that he was just transporting the bag in favor suspicion. It has to be a “genuine reason to serve the
of Marvin, a barriomate. Cogaed subsequently opened the bag purposes of the “stop and frisk” exception.
revealing the bricks of marijuana inside. He was then arrested
by the police officers. The “stop and frisk” search was originally limited to outer
clothing and for the purpose of detecting dangerous weapons.
ISSUE: Whether there was a valid search and seizure; and,
whether the marijuana confiscated is admissible as evidence. There was not a single suspicious circumstance in this case,
and there was no approximation for the probable cause
HELD: NO. There is no valid search and seizure; thus, the requirement for warrantless arrest. The person searched was
marijuana confiscated shall not be admissible as evidence. not even the person mentioned by the informant. The informant
gave the name of Marvin Buya, and the person searched was
As a general rule, searches conducted with a warrant that Victor Cogaed. Even if it was true that Cogaed responded by
meets all the requirements of Article III, Section 2 of the saying that he was transporting the bag to Marvin Buya, this
Constitution are reasonable. This warrant requires the still remained only as one circumstance. This should not have
existence of probable cause that can only be determined by a been enough reason to search Cogaed and his belongings without
judge. a valid search warrant.
However, there are instances when searches are reasonable even Likewise, the facts of the case do not qualify as a search
when warrantless. The known jurisprudential instances of incidental to a lawful arrest. The apprehension of Cogaed was
reasonable warrantless searches and seizures are: not effected with a warrant of arrest. None of the instances
enumerated in Rule 113, Section 5 of the Rules of Court were
(1) Warrantless search incidental to a lawful arrest present when the arrest was made. At the time of his
(2) Seizure of evidence in “plain view,” apprehension, Cogaed has not committed, was not committing, or
(3) Search of a moving vehicle; was about to commit a crime. There were no overt acts within
(4) Consented warrantless search; plain view of the police officers that suggested that Cogaed
was in possession of drugs at that time. Also, Cogaed was not
an escapee prisoner that time; hence, he could not have FAJARDO VS COURT OF APPEAL GR no. 128508 February 01, 1999
qualified for the last allowable warrantless arrest.
Petitioner: Daniel G. Fajardo
There can be no valid waiver of Cogaed’s constitutional rights
even if we assume that he did not object when the police asked Respondent (s): Court of Appeals, Hon. Florentino P. Pedronio
him to open his bags. Appellant’s silence should not be (in his capacity as presiding Judge, RTC Br 31, Iloilo City,
lightly taken as consent to such search. The implied PEOPLE OF THE PHILIPPINES and Station Commander of Iloilo City
acquiescence to the search, if there was any, could not have
been more than mere passive conformity given under FACTS:
intimidating or coercive circumstances and is thus considered
no consent at all within the purview of the constitutional On May 26, 1988, the RTC Br 31 of Iloilo City convicted
guarantee. petitioner of violation of BP Blg 22 and sentenced him to
suffer the penalty of 8 months imprisonment and pay the costs.
The Constitution provides that any evidence obtained in
The petitioner appealed to the Court of Appeals. By decision
violation of the right against unreasonable searches and
seizures shall be inadmissible for any purpose in any promulgated on February 27, 1990, the CA affirmed the
proceeding. Otherwise known as the exclusionary rule or the conviction. Petitioner filed a petition for review on
fruit of the poisonous tree doctrine, this rule prohibits the certiorari of the conviction before the SC but latter also
issuance of general warrants that encourage law enforcers to denied said petition.
go on fishing expeditions. Evidence obtained through unlawful
seizures should be excluded as evidence because it is “the On June 2, 1995, petitioner filed a motion for probation
only practical means of enforcing the constitutional before the trial court contending that he was eligible for
injunction against unreasonable searches and seizures.” It probation because at the time he committed the offense in
ensures that the fundamental rights to one’s person, houses,
papers, and effects are not lightly infringed upon and are 1981, an accused who had appealed his conviction was still
upheld. qualified to apply for probation and that the law that barred
an application for probation of an accused who had interposed
Considering that the prosecution and conviction of Cogaed were an appeal was ex post facto in its application and hence, not
founded on the search of his bags, a pronouncement of the applicable to him. Trial court denied petitioner’s motion for
illegality of that search means that there is no evidence left probation and so did CA.
to convict Cogaed.
ISSUES:
At the outset, we note that the trial court confused the Other notable points of Terry are that while probable cause is
concepts of a "stop-and-frisk" and of a search incidental to a not required to conduct a "stop and frisk," it nevertheless
lawful arrest. These two types of warrantless searches differ holds that mere suspicion or a hunch will not validate a "stop
in terms of the requisite quantum of proof before they may be and frisk." A genuine reason must exist, in light of the
validly effected and in their allowable scope. police officer's experience and surrounding conditions, to
warrant the belief that the person detained has weapons
In a search incidental to a lawful arrest, as the precedent concealed about him. Finally, a "stop-and-frisk" serves a two-
arrest determines the validity of the incidental search, the fold interest: (1) the general interest of effective crime
legality of the arrest is questioned in a large majority of prevention and detection, which underlies the recognition that
these cases, e.g., whether an arrest was merely used as a a police officer may, under appropriate circumstances and in
pretext for conducting a search. 36 In this instance, the law an appropriate manner, approach a person for purposes of
requires that there first be a lawful arrest before a search investigating possible criminal behavior even without probable
can be made — the process cannot be reversed. 37 At bottom, cause; and (2) the more pressing interest of safety and self-
assuming a valid arrest, the arresting officer may search the preservation which permit the police officer to take steps to
person of the arrestee and the area within which the latter assure himself that the person with whom he deals is not armed
may reach for a weapon or for evidence to destroy, and seize with a deadly weapon that could unexpectedly and fatally be
any money or property found which was used in the commission used against the police officer.
of the crime, or the fruit of the crime, or that which may be
used as evidence, or which might furnish the arrestee with the
means of escaping or committing violence.
PEOPLE VS. MUSA [217 SCRA 597; G.,R. NO. 96177; 27 JAN 1993]
We now proceed to the justification for and allowable scope of
a "stop-and-frisk" as a "limited protective search of outer
clothing for weapons," as laid down in Terry, thus:
Facts: A civilian informer gave the information that Mari Musa
We merely hold today that where a police officer observes was engaged in selling marijuana in Suterville, Zamboanga
unusual conduct which leads him reasonably to conclude in
City. Sgt. Ani was ordered by NARCOM leader T/Sgt. Belarga, to
light of his experience that criminal activity may be afoot
and that the persons with whom he is dealing may be armed and conduct a surveillance and test buy on Musa. The
presently dangerous, where in the course of investigating this civilian informer guided Ani to Musa’s house and gave the
behavior he identifies himself as a policeman and makes
description of Musa. Ani was able to buy one newspaper-wrapped
reasonable inquiries, and where nothing in the initial stages
of the encounter serves to dispel his reasonable fear for his dried marijuana for P10.00.
premises or surroundings under his immediate control. Objects
The next day, a buy-bust was planned. Ani was to raise his in the ‘plain view’ of an officer who has the right to be in
right hand if he successfully buys marijuana from Musa. As Ani the position to have that view are subject to seizure and may
proceeded to the house, the NARCOM team positioned themselves be presented as evidence. The ‘plain view’ doctrine is
about 90 to 100 meters away. From his position, Belarga could usually applied where a police officer is not searching for
see what was going on. Musa came out of the house and asked evidence against the accused, but nonetheless inadvertently
Ani what he wanted. Ani said he wanted more marijuana and gave comes across an incriminating object. It will not justify the
Musa the P20.00 marked money. Musa went into the house and seizure of the object where the incriminating nature of the
came back, giving Ani two newspaper wrappers containing dried object is not apparent from the ‘plain view’ of the object.
marijuana. Ani opened and inspected it. He raised his right
hand as a signal to the other NARCOM agents, and the latter In the case at bar, the plastic bag was not in the ‘plain
moved in and arrested Musa inside the house. Belarga frisked view’ of the police. They arrested the accused in the living
Musa in the living room but did not find the marked money room and moved into the kitchen in search for other evidences
(gave it to his wife who slipped away). T/Sgt. Belarga and where they found the plastic bag. Furthermore, the marijuana
Sgt. Lego went to the kitchen and found a ‘cellophane inside the plastic bag was not immediately apparent from the
colored white and stripe hanging at the corner of ‘plain view’ of said object.
the kitchen.’ They asked Musa about its contents but failed to
get a response. So they opened it and found dried marijuana Therefore, the ‘plain view’ does not apply. The plastic bag
leaves inside. Musa was then placed under arrest. was seizedillegally and cannot be presented in evidence
pursuant to Article III Section 3 (2) of the Constitution.
Issue: Whether or Not the seizure of the plastic bag and the
marijuana inside it is unreasonable, hence, inadmissible as
evidence.
ISSUES:
Facts: Idel Aminnudin, accused-appellant was arrested on June
Whether the warrant was invalid for failure of providing 25, 1984, shortly after disembarking from the M/V Wilcon 9 at
evidence to support the seizure of “drug paraphernalia”, and
about 8:30 in the evening, in Iloilo City. The PC officers who
whether the marijuana may be included as evidence in light of
the “plain view doctrine.” were in fact waiting for him because of a tip from one
their informers simply accosted him, inspected his bag and
HELD:
finding what looked liked marijuana leaves took him to their
Yes. The warrant authorized the seizure of “undetermined headquarters for investigation. The two bundles of
quantity of shabu and drug paraphernalia.” Evidence was suspect articles were confiscated from him and later taken to
presented showing probable cause of the existence of
methamphetamine hydrochloride or shabu. The fact that there the NBI laboratory for examination. It was found to contain
was no probable cause to support the application for the
three kilos of what were later analyzed as marijuana leaves by
seizure of drug paraphernalia does not warrant the conclusion
that the search warrant is void. This fact would be material an NBI forensic examiner. An information for violation of the
Dangerous Drugs Act was filed against him. Later, the search. At the moment of his arrest, he was not committing a
information wasamended to include Farida Ali y Hassen, who had crime. Nor was he about to do so or had just done so. To all
also been arrested with him that same evening and likewise appearances, he was like any of the other passengers
investigated. Both were arraigned and pleaded not guilty. innocently disembarking from the vessel. The said marijuana
Subsequently, the fiscal filed a motion to dismiss the charge therefore could not be appreciated as evidence against the
against Ali on the basis of a sworn statement of the arresting defendant, and furthermore he is acquitted of the crime
officers absolving her after a 'thorough investigation." The as charged.
motion was granted, and trial proceeded only against the
accused-appellant, who was eventually convicted . In his
PEOPLE OF THE PHILIPPINES vs BELEN MARIACOS
defense, Aminnudin disclaimed the marijuana, averring that all
he had in his bag was his clothing consisting of a jacket, two GR NO. 188611 June 16 2010
shirts and two pairs of pants. He alleged that he was FACTS:
arbitrarily arrested and immediately handcuffed. His bag was
October 27, 2005 in Brgy Balbalayang, PO2 Pallayoc met with
confiscated without a search warrant. At the PC headquarters, secret agent of the Barangay Intelligence Network who informed
he was manhandled to force him to admit he was carrying the him that a baggage of marijuana had been loaded in a passenger
marijuana, the investigator hitting him with a piece of wood jeepney that was about to leave for the poblacion. The agent
mentioned 3 bags and 1 plastic bag. Further, the agent
in the chest and arms even as he parried the blows while he described a backpack bag with O.K. marking. PO2 Pallayoc
was still handcuffed. He insisted he did not even know what boarded the said jeepney and positioned himself on top
marijuana looked like and that his business was selling thereof. He found bricks of marijuana wrapped in newspapers.
He them asked the other passengers about the owner of the bag,
watches and sometimes cigarettes. However the RTC rejected his but no one know.
allegations. Saying that he only has two watches during that
time and that he did not sufficiently proved the injuries
allegedly sustained. When the jeepney reached the poblacion, PO2 Pallayoc alighted
together with other passengers. Unfortunately, he did not
noticed who took the black backpack from atop the jeepney. He
Issue: Whether or not search of defendant’s bag is legal. only realized a few moments later that the said bag and 3
other bags were already being carried away by two (2) women.
He caught up with the women and introduced himself as a
Held: The search was illegal. Defendant was not caught in policeman. He told them that they were under arrest, but on
flagrante delicto, which could allow warrantless arrest or the women got away.
immaterial. Consequently, proof of ownership of the
confiscated marijuana is not necessary.
DOCTRINES:
Ruling:
PAPA VS. MAGO
The Supreme Court held that under Section 5 Rule 113 of the
Facts: Mago, the owner of the goods that were seized, when the
Rules of Court provides:
truck transporting the goods was intercepted by the BOC,
questioned the validity of the search conducted by them since
“Arrest without warrant; when lawful – a peace officer or a it was made without any search warrant and whether the BOC has
private person may, without a warrant, arrest a person: jurisdiction over the forfeited goods.
a) When, in the presence, the person to be arrested has Issue: Was the search conducted by the BOC valid?
committed, is actually committing, or is attempting to commit
an offense; Held:
Petitioner Martin Alagao and his companion policemen had
authority to effect the seizure without any search warrant
b) When an offense has in fact just been committed, and he has issued by a competent court. The Tariff and Customs Code does
personal knowledge of facts indicating that the person to be not require said warrant in the instant case. The Code
arrested has committed it; and authorizes persons having police authority under Section 2203
of the Tariff and Customs Code to enter, pass through or
c) When the person to be arrested is a prisoner who has search any land, inclosure, warehouse, store or building, not
escaped from a penal establishment or place where he is being a dwelling house; and also to inspect, search and
serving final judgment or temporary confined while his case is examine any vessel or aircraft and any trunk, package, or
pending, or has escaped while being transferred from one envelope or any person on board, or to stop and search and
confinement to another” examine any vehicle, beast or person suspected of holding or
Accused was searched and arrested while transporting conveying any dutiable or prohibited article introduced into
prohibited drugs. A crime was actually being committed by the the Philippines contrary to law, without mentioning the need
accused and he was caught in flagrante delicto, thus the of a search warrant in said cases. 16 But in the search of a
search made upon his personal effects falls squarely under dwelling house, the Code provides that said "dwelling house
may be entered and searched only upon warrant issued by a
judge or justice of the peace. . . ." 17 It is our considered
view, therefor, that except in the case of the search of a
dwelling house, persons exercising police authority under the
customs law may effect search and seizure without a search PEOPLE OF THE PHILIPPINES vs ANDRE MARTI
warrant in the enforcement of customs laws.
In, Carroll vs US, it was made lawful for customs officers not G.R. No. 81561 January 18, 1991
only to board and search vessels within their own and
adjoining districts, but also to stop, search and examine any FACTS:
vehicle, beast or person on which or whom they should suspect
there was merchandise which was subject to duty, or had been August 14, 1957, the appellant and his common-law wife, Sherly
introduced into the United States in any manner contrary to Reyes, went to the booth of the “Manila Packing and Export
law, whether by the person in charge of the vehicle or beast Forwarders” carrying Four (4) wrapped packages. The appellant
or otherwise, and if they should find any goods, wares, or informed Anita Reyes that he was sending the packages to a
merchandise thereon, which they had probably cause to believe friend in Zurich, Switzerland. Anita Reyes asked if she could
had been so unlawfully brought into the country, to seize and
secure the same, and the vehicle or beast as well, for trial examine and inspect the packages. She refused and assures her
and forfeiture. that the packages simply contained books, cigars, and gloves.
ISSUE:
HELD:
RATIONALE:
HELD: YES
The right against unreasonable search and seizure is a The things in possession of a person are presumed by law to be
fundamental right protected by the Constitution. Evidence owned by him. To overcome this presumption, it is necessary to
acquired in violation of this right shall be inadmissible for present clear and convincing evidence to the contrary. In this
any purpose in any proceeding. Whenever this right is case, the accused points to a certain Alican “Alex” Macapudi
challenged, an individual may choose between invoking the as the owner of the contraband, but presented no evidence to
constitutional protection or waiving his right by giving support his claim. No witnesses were presented to prove that
consent to the search and seizure. It should be stressed, there is such a living, breathing, flesh and blood person
however, that protection is against transgression committed by named Alex Macap[u]di who entrusted the Samsonite to the
the government or its agent. The constitutional proscription accused. Surely, if he does exist, he has friends, fellow
against unlawful searches and seizures applies as a restraint businessmen and acquaintances who could testify and support
directed only against the government and its agencies tasked the claim of the accused. Mere denial of ownership will not
with the enforcement of the law. Thus, it could only be suffice especially if, as in the case at bar, it is the
invoked against the State to whom the restraint against keystone of the defense of the accused-appellant. Stories can
arbitrary and unreasonable exercise of power is imposed. easily be fabricated. It will take more than bare-bone
allegations to convince this Court that a courier of dangerous
drugs is not its owner and has no knowledge or intent to
In the case before us, the baggage of the accused-appellant possess the same.
was searched by the vessel security personnel. It was only
after they found “shabu” inside the suitcase that they called
the Philippine Coast Guard for assistance. The search and Right against unreasonable searches and seizures
seizure of the suitcase and the contraband items was therefore
carried out without government intervention, and hence, the PEOPLE OF THE PHILIPPINES, appellee
constitutional protection against unreasonable search and
seizure does not apply. vs.SUSAN CANTON, appellant
ISSUE:
RULING:
CASE DOCTRINES
People. V. Lo Ho Wing - exception to the issuance of search D. Searches and seizures “of whatever nature for any purpose”
warrant: 1) search incidental to a lawful arrest; 2) search of
moving vehicle; 3) seizure of evidence in plain view
E. Warrantless Arrests
People v. Evaristo – evidence in plain view – Harris v.
Coolidge, Coolidge v. New Hampshire – no search warrant
needed; Malacat v. CA – valid waiver – must be made in writing Umil v. Ramos – subversion a continuing offense - arrest
and in the presence of without a warrant is justified if the person arrested in
counsel; search incidental to a lawful arrest v. stop and caught in flagrante delicto
frisk – Terry Case – probable cause is not required to conduct
stop and frisk but mere suspicion or a hunch will not validate
it. A genuine reason must exist. People v. Aminudin - M/V Wilcon; marijuana – not caught in
flagrante delicto; search was unreasonable; evidence
inadmissible
People v. De Gracia – Eurocar Sales Office – crime was in fact
being committed – search incidental to lawful arrest valid
Harvey v. Defensor-Santiago – pedophiles – the rights granted
in Section 2 are available to all persons including aliens,
People v. Johnson – inspection at airports – Persons may lose whether accused of a crime or not People v. Mengote –
the protection of the search and seizure clause by exposure of suspicious man outside – a person may not be stopped and
their persons or property to the public in a manner reflecting frisked in broad daylight on a bust street on a mere
lack of subjective unexplained suspicion
expectation of privacy
Posadas v. Ombudsan – Sigma Rho v. Scintilla Juris – Arrest
David v. Macapagal-Arroyo – PP 1017 case – doctrines same as made without a valid warrant: Rule 113, Section 5 of the Rules
the ones above (related topics: freedom of expression; freedom of Court – when in the presence of a police officer or a
to peaceably assemble) private individual: 1) the person arrested has committed, is
actually committing, or attempting to commit an offense; 2)
when an offense has actually been committed, and he has
People v. Nuevas – illegal possession of marijuana - in cases personal knowledge of the facts indicating that the
of searches incidental to a lawful arrest, the arrest must person to be arrested commited it; 3) when the person arrested
precede the search; warrantless search, when valid: 1) is a prisoner who has escaped from a penal establishment or
incidental to lawful arrest; 2) evidence in plain view [a) place where his is serving final or temporary judgment
valid prior intrusion, police are legally present in the (pending), escaped while being transferred
pursuit of their
official duties, b) evidence was inadvertently discovered, c)
evidence immediately apparent, d) plain view justified mere
Ladlad v. Velasco – imprisoned by PP 1017; rebellion/sedition
– doctrine same as above and People v. De Gracia