PEOPLE VS.

LACERNA
FACTS: Noriel and Marlon Lacerna were inside a taxi when the group of Police Officer Carlito Valenzuela
of the Western Police District signaled the taxi driver to park by the side of the road in lieu of a police
checkpoint. P03 Valenzuela asked permission to search the vehicle. The officers went about searching
the luggage in the vehicle. They found 18 blocks wrapped in newspaper with a distinct smell of
marijuana emanating from it. When the package was opened, P03 Valenzuela saw dried marijuana
leaves. According to Noriel and Marlon, the bag was a “padala” of their uncle. Marlon admitted that he
was the one who gave the 18 bundle blocks of marijuana to his cousin Noriel as the latter seated at rear
of the taxi with it. He however denied knowledge of the contents of the package.

Marlon was charged before the RTC for “giving away” marijuana to another. Noriel on the other hand
was acquitted for insufficiency of evidence. The court noticed that Noriel manifested “probinsyano”
traits and was, thus, unlikely to have dealt in prohibited drugs.

Marlon objected on the RTC’s decision, stating that the lower court erred in saying that the act of “giving
away to another” is not defined under R.A. 6425 or the Dangerous Drugs Act. He also said that he was
not aware of the contents of the plastic bag given to him by his uncle. Marlon also raised that his right
against warrantless arrest and seizure was violated.

ISSUE: Whether or not the search was valid

RULING: Yes. The Supreme Court held that Search and seizure relevant to moving vehicles are allowed in
recognition of the impracticability of securing a warrant under said circumstances. In such cases,
however, the search and seizure may be made only upon probable cause, i.e., upon a belief, reasonably
arising out of circumstances known to the seizing officer, that an automobile or other vehicle contains
an item, article or object which by law is subject to seizure and destruction.

Military or police checkpoints have also been declared to be not illegal per se as long as the vehicle is
neither searched nor its occupants subjected to body search, and the inspection of the vehicle is merely
visual.

Exceptions to the rule against warrantless arrest; Search of luggage inside a vehicle requires existence of
probable cause; Consented search valid if intelligently made; To be punishable, to “give away” a
prohibited drug should be with the intent to transfer ownership; Elements of illegal sale of prohibited
drugs; Criminal intent need not be proved in prosecution of acts mala prohibita ; Intent to perpetrate
the act, not intent to commit the crime necessary in prosecution of acts prohibited by special laws