PEOPLE VS. ARUTA [288 SCRA 626; G.R. NO.

120515; 13 APR 1998]

Friday, February 06, 2009 Posted by Coffeeholic Writes
Labels: Case Digests, Political Law

FACTS:
On Dec. 13, 1988, P/Lt. Abello was tipped off by his informant that a
certain “Aling Rosa” will be arriving from Baguio City with a large
volume of marijuana and assembled a team. The next day, at the
Victory Liner Bus terminal they waited for the bus coming from Baguio,
when the informer pointed out who “Aling Rosa” was, the team
approached her and introduced themselves as NARCOM agents. When
Abello asked “aling Rosa” about the contents of her bag, the latter
handed it out to the police. They found dried marijuana leaves packed
in a plastic bag marked “cash katutak”.
Instead of presenting its evidence, the defense filed a demurrer
to evidence alleging the illegality of the search and seizure of the
items. In her testimony, the accused claimed that she had just come
from Choice theatre where she watched a movie “Balweg”. While about
to cross the road an old woman asked her for help in carrying a
shoulder bag, when she was later on arrested by the police. She has
no knowledge of the identity of the old woman and the woman was
nowhere to be found. Also, no search warrant was presented.
The trial court convicted the accused in violation of the
dangerous drugs of 1972.

ISSUE:
Whether or Not the police correctly searched and seized the
drugs from the accused.

Held:
The following cases are specifically provided or allowed by law:
1. Warrantless search incidental to a lawful arrest recognized
under Section 12, Rule 126 of the Rules of Court 8 and by
prevailing jurisprudence.
 2. Seizure of evidence in "plain view," the elements of which
are: (a) a prior valid intrusion based on the valid
warrantless arrest in which the police are legally present in
the pursuit of their official duties; (b) the evidence was
inadvertently discovered by the police who had the right to
be where they are; (c) the evidence must be immediately
apparent, and (d) "plain view" justified mere seizure of
evidence without further search;
3. Search of a moving vehicle. Highly regulated by the
government, the vehicle's inherent mobility reduces
expectation of privacy especially when its transit in public
thoroughfares furnishes a highly reasonable suspicion
amounting to probable cause that the occupant committed
a criminal activity;
4. Consented warrantless search;
5. Customs search;
6. Stop and Frisk;
7. Exigent and Emergency Circumstances.

The essential requisite of probable cause must still be satisfied

before a warrantless search and seizure can be lawfully conducted.
The accused cannot be said to be committing a crime, she was
merely crossing the street and was not acting suspiciously for the
Narcom agents to conclude that she was committing a crime. There
was no legal basis to effect a warrantless arrest of the accused’s bag,
there was no probable cause and the accused was not lawfully
arrested.
The police had more than 24 hours to procure a search warrant
and they did not do so. The seized marijuana was illegal and
inadmissible evidence.
RULE 113, RULES OF COURT

Section 5. Arrest without warrant; when lawful. — A peace officer or a

private person may, without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is

actually committing, or is attempting to commit an offense;
(b) When an offense has just been committed, and he has probable
cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested has committed it; and
(c) When the person to be arrested is a prisoner who has escaped
from a penal establishment or place where he is serving final judgment
or is temporarily confined while his case is pending, or has escaped
while being transferred from one confinement to another.

In cases falling under paragraph (a) and (b) above, the person
arrested without a warrant shall be forthwith delivered to the nearest
police station or jail and shall be proceeded against in accordance with
section 7 of Rule 112.

RULE 126, RULES OF COURT

Section 2. Court where application for search warrant shall be filed. —

An application for search warrant shall be filed with the following:

a) Any court within whose territorial jurisdiction a crime was

committed.
b) For compelling reasons stated in the application, any court within
the judicial region where the crime was committed if the place of the
commission of the crime is known, or any court within the judicial
region where the warrant shall be enforced.
However, if the criminal action has already been filed, the application
shall only be made in the court where the criminal action is pending.

Section 7. Right to break door or window to effect search. — The

officer, if refused admittance to the place of directed search after
giving notice of his purpose and authority, may break open any outer
or inner door or window of a house or any part of a house or anything
therein to execute the warrant or liberate himself or any person
lawfully aiding him when unlawfully detained therein.

Section 12. Delivery of property and inventory thereof to court; return

and proceedings thereon.

(a) The officer must forthwith deliver the property seized to the judge
who issued the warrant, together with a true inventory thereof duly
verified under oath.
(b) Ten (10) days after issuance of the search warrant, the issuing
judge shall ascertain if the return has been made, and if none, shall
summon the person to whom the warrant was issued and require him
to explain why no return was made. If the return has been made, the
judge shall ascertain whether section 11 of this Rule has been
complained with and shall require that the property seized be delivered
to him. The judge shall see to it that subsection (a) hereof has been
complied with.
(c) The return on the search warrant shall be filed and kept by
the custodian of the log book on search warrants who shall enter
therein the date of the return, the result, and other actions of the
judge.

A violation of this section shall constitute contempt of court.