PEOPLE V.

MUSA - 217 SCRA 597

FACTS:
Accused seeks the reversal of his conviction for violating the Dangerous
Drugs Act. He was found guilty of selling marijuana leaves to a police
officer in an entrapment operation.

HELD:
There is no doubt that the warrantless search incidental to a lawful arrest
authorizes the arresting officer to make a search upon the person of
the person arrested. Hence, in a buy-bust operation conducted to
entrap a drug-pusher, the law enforcement agents may seized the
marked money

found on the person of the pusher immediately after the arrest even
without arrest or search warrants. Furthermore, it may extend beyond to
include the premises or surroundings under his immediate control.

PEOPLE V. BURGOS - 144 SCRA 1

FACTS:
Due to an information given by a person, who allegedly was being forcibly recruited by
accused to the NPA, the members of the Constabulary went to the house of accused, asked
about his firearm and documents connected to subversive activities. Accused pointed to
where his firearm was as well as his other documents allegedly.

HELD:
The right of the person to be secure against any unreasonable seizure of his body and any
deprivation of liberty is a most basic and fundamental one. The statute or rule, which
allows exceptions to the requirement of warrants of arrest is strictly construed. Any
exception must clearly fall within the situations when securing a warrant would be
absurd or is manifestly unnecessary as provided by the Rule. We cannot liberally
construe the rule on arrests without warrant or extend its application

beyond the cases specifically provided by law. To do so would infringe upon personal
liberty and set back a basic right so often violated and so deserving of full protection.