GR No.

125299 January 22, 1999

People of the Philippines, plaintiff-appellee
Vs.
Florencio Doria y Bolado, at.al., accused-appellants

Puno, J.:
Facts: PNP conducted a buy-bust operation. During the operation, one of the police,
Manlangit, bought one kilo of marijuana to “Jun.” Manlangit gave the marked bills to
“Jun”, then the latter instructed Manlangit to wait. An hour later, “Jun” returned and
took out from his bag an object wrapped in plastic and gave it to Manlangit. Manlangit
then arrested “Jun.” They frisked “Jun” but did not find the marked bills on him. Upon
inquiry, “Jun” revealed that he left the money at the house of “Neneth.” “Jun” then led
the police team to “Neneth’s” house.
The team found the door of “Neneth’s” house open and “Neneth” is inside. Polices
asked “Neneth” about the marked bills. Standing by the door, Manlangit noticed a
carton box under the dining table. He saw that one of the box’s flaps was open and
inside the box was something wrapped in plastic, which appeared similar to the
marijuana earlier “sold” to him by “Jun.” His suspicion aroused, Manlangit entered
“Neneth’s” house and took hold of the box. He peeked inside the box and found that it
contained 10 bricks of dried marijuana leaves. “Jun” and “Neneth” later identified as the
accused.

Issue: Whether or not the search and arrest to “Neneth” is valid.

Ruling: No. “Neneth” was arrested due to that marked money left in her house. Such
reason does not produce sufficient probable cause. The money inside her house does not
necessarily mean she is involved in pushing drugs.

Critique: Mere suspicion is not enough. Probable cause must be established.