The People of the Philippines vs Mikael Malmstedt

“The Swedish National with Hashish Case”

Facts:

Mikael Malmstedt, a Swedish national, was found, via a routine NARCOM

inspection at Kilometer 14, Acop, Tublay Mountain Province, carrying Hashish, a
derivative of Marijuana. RTC La Trinidad found him guilty for violation of the
Dangerous Drugs Act. The accused filed a petition to the Supreme Court for the reversal
of the decision arguing that the search and the arrest made was illegal because there was
no search warrant.

Issue:

Whether or not the decision of the trial court should be reversed (or affirmed)
because the accused argues that the search and arrest was made without a warrant

Held:

The RTC decision is affirmed.

Ratio:

The constitution states that a peace officer or a private person may arrest a person
without a warrant when in his presence the person to be arrested has committed, is
actually committing, or is attempting to commit an offense. The offense was recognized
with the warrantless search conducted by NARCOM prompted by probable cause: (1) the
receipt of information by NARCOM that a Caucasian coming from Sagada had
prohibited drugs in his possession and (2) failure of the accused to immediately present
his passport.