CASES FACTS ISSUE RULING

DOMINGUEZ ✓ At around 2:00 in the morning of ✓ Whether or not ✓ NO.

V. PEOPLE August 17, 2010, SPO1 Gerardo the warrantless ✓ Dominguez' acts of
G.R. No. Parchaso (SPO1 Parchaso) was search was standing on the street
235898, conducting monitoring and lawful and holding a plastic
March 13, possible arrest of violators of RA sachet in his hands,
2019 9165 at Purok 3, Brgy. Poblacion, are not by themselves
Muntinlupa City. sufficient to incite
✓ From a meter away, he saw suspicion of criminal
Dominguez holding with his left activity or to create
hand a small transparent plastic probable cause
sachet containing white enough to justify a
crystalline substance suspected warrantless arrest.
to be shabu. Dominguez was ✓ There being no
arrested and the transparent warrantless search
plastic sachet was seized incidental to a lawful
arrest, the shabu
purportedly seized
from Dominguez is
rendered inadmissible
in evidence for being
the proverbial fruit of
the poisonous
VERIDIANO ✓ a concerned citizen called a ✓ Whether or ✓ No. The warrantless
vs. PEOPLE certain P03 Esteves, police radio not the arrest cannot
G.R. No. operator of the Nagcarlan Police warrantless likewise be justified
200370 June Station, informing him that a arrest was under Rule 113,
7, 2017 certain alias "Baho," who was lawful under Section 5(b) of the
later identified as MARIO hot pursuit Revised Rules of
Veridiano, was on the way to San and Criminal Procedure.
Pablo City to obtain illegal drugs. inflagrante The law enforcers
✓ P03 Esteves immediately relayed delicto. had no personal
the information to PO I Cabello knowledge of any
and P02 Alvin Vergara (P02 fact or
Vergara) who were both on duty. circumstance
✓ Chief of Police June Urquia indicating that
instructed POI Cabello and P02 petitioner had just
Vergara to set up a checkpoint committed an
at Barangay Taytay, Nagcarlan, offense.
Laguna ✓ No. In this case,
✓ At around 10:00 a.m., they petitioner's arrest
chanced upon Veridiano inside a could not be
passenger jeepney coming from justified as
San Pablo, Laguna. They flagged an inflagrante
down the jeepney and asked the delicta arrest under
passengers to disembark. The Rule 113, Section
police officers instructed the 5(a) of the Rules of
passengers to raise their t-shirts to Court. He was not
check for possible concealed committing a crime
weapons and to remove the at the checkpoint.
contents of their pockets. ✓ A hearsay tip by
✓ The police officers recovered itself does not justify
from Veridiano "a tea bag a warrantless arrest.
containing what appeared to be ✓ Law enforcers must
marijuana." POI Cabello have personal
confiscated the tea bag and knowledge of facts,
marked it with his initials. based on their
 Veridiano was arrested and observation, that
apprised of his constitutional the person sought to
rights. He was then brought to the be arrested has just
police station. committed a crime.

People v. ✓ Valeroso was arrested by virtue ✓ Whether or ✓ NO.

Valeroso 614 of a warrant of arrest allegedly not ✓ he cabinet which,
Phil. 236, 252 for kidnapping with ransom. At warrantless according to
(2009). that time, Valeroso was sleeping search and Valeroso, was
inside the boarding house of his seizure of the locked, could no
children. He was awakened by firearm and longer be
the arresting officers who were ammunition considered as an
heavily armed. They pulled him was valid? "area within his
out of the room, placed him immediate control"
beside the faucet outside the because there was
room, tied his hands, and then no way for him to
put him under the care of take any weapon
Disuanco. The other police or to destroy any
officers remained inside the evidence that
room and ransacked the locked could be used
cabinet where they found the against him.
subject firearm and ammunition.
With such discovery, Valeroso
was charged with illegal
possession of firearm and
ammunition.
People of the ✓ Calantiao was arrested.He has in ✓ Whether or ✓ YES.
Philippines Vs. his possession a black bag. not the ✓ the marijuana was
Medario ✓ The black bag contained two Search and found in a black
Calatiao y (2) bricks of dried marijuana Seizure of the bag in Calantiao’s
Dimalanta fruiting tops and a magazine of Marijuana possession and
G.R. No. super 38 stainless with ammos was valid within his
203984. June immediate control.
18, 2014 He could have
easily taken any
weapon from the
bag or dumped it
to destroy the
evidence inside it.
✓ As the black bag
containing the
marijuana was in
Calantiao’s
possession, it was
within the
permissible area
that the
apprehending
officers could
validly conduct a
warrantless search.
VAPOROSO V. ✓ FRANKLIN B. VAPOROSO AND ✓ Whether or ✓ Such warrantless
PEOPLE G.R. JOELREN B. TULILIK were not these search obviously
No. 238659, arrested in Bangoy Street for may fall cannot be made in
June 03, 2019 breaking the window of a within the a place other than
vehicle and taking a lady bag. purview of a the place of arrest."
✓ two (2) searches made on them, valid search ✓ In sum, the
namely: incidental to subsequent and
✓ (a) the body search after the a lawful arrest second search
police officers apprehended made on petitioners
them; and after taking them to at the Panabo
the Panabo Police Station Police Station is
✓ (b) a "more thorough" search unlawful and
was conducted at the Panabo unreasonable.
Police Station where the seized
drugs were allegedly recovered
from them
Luz v. People ✓ a man who was driving a ✓ whether or ✓ NO.
683 Phil. 399 motorcycle was flagged down not the ✓ First, there was no
(2012) for violating a municipal search was valid arrest of
ordinance requiring drivers of valid petitioner.
motorcycles to wear a helmet. ✓ It also appears that,
While the police officer was according to City
issuing him a ticket, the officer Ordinance No. 98-
noticed that the man was 012, which was
uneasy and kept touching violated by
something in his jacket. When petitioner, the
the officer ordered the man to failure to wear a
take the thing out of his jacket, it crash helmet while
was discovered that it was a riding a motorcycle
small tin can which contained is penalized by a
sachets of shabu. He was fine only.
prosecuted for illegal possession ✓ Under the Rules of
of dangerous drugs Court, a warrant
of arrest need not
be issued if the
information or
charge was filed for
an offense
penalized by a fine
only
✓ the Court acquitted
the accused as the
confiscated drugs
were discovered
through an
unlawful search.
PICARDAL V. ✓ Picardal was frisked by the ✓ Whether or ✓ NO.
PEOPLE G.R. police officers for urinating in a not th search ✓ The same principle
No. 235749, public place punished by was valid applies in the
June 19, 2019 Section 2(a) of Metro Manila present case. There
Development Authority (MMDA) was similarly
Regulation No. 96-009 no lawful arrest in
✓ PO1 Peniano frisked Picardal and this case as
was able to recover a caliber .38 Picardal's violation,
revolver from his waist which was if at all committed,
discovered that the same is a was only punishable
loose firearm. by fine
 ✓ there was no valid
arrest. In this
instance, the law
requires that there
first be a lawful
arrest before a
search can be
made — the
process cannot be
reversed.
MENDOZA Y E ✓ during a checkpoint, the police ✓ Whether or ✓ The Court rules in
SGUERRA, officers flagged down a not the the negative.
PETITIONER, V. motorcycle as it had no license search was ✓ the placement of
PEOPLE plate and its three occupants valid the gun when it was
G.R. No. were not wearing a helmet. taken was outside
234196, ✓ As ordered, the three stopped the view of the
November 21, and alighted from the police officers in
2018 motorcycle. They were frisked the checkpoint.
and the motorcycle was ✓ the firearm was not
searched. As a result of which, in plain sight
the firearm, magazines, and
ammunitions were recovered
under the seat of the
motorcycle.
PEOPLE OF ✓ while the van was traversing Don ✓ Whether or ✓ Clearly, the
THE Antonio Avenue in Quezon City, not the prohibited
PHILIPPINES it accidentally hit a seven-year search was substance was
vs. QUE MING old ambulant vendor. valid under within the plain
KHA G.R. No. ✓ The van stopped and the owner the plain view view of the police
133265. May got off to bring the boy to the doctrine officer who was in a
29, 2002 hospital. position to be near
✓ A police officer who witnessed the van at the
the accident approached the time. The substance
van to apprehend the driver for is therefore not a
reckless imprudence. As he product of an
stood near the van, he saw illegal search and
through the lightly tinted window not inadmissible as
of the van several sacks placed evidence.
at the back of the van.
✓ One of the sacks was open,
revealing several plastic bags
containing white crystalline
substance which the police
suspected to be shabu.
Abraham ✓ Thru a small opening in the ✓ whether or ✓ YES. The seizure
Miclat, Jr. y curtain-covered window, PO3 not peeping made by PO3
Cerbo Vs. Antonio peeped inside and through a Antonio of the four
People of the there at a distance of 1 meters, curtain- plastic sachets from
Philippines he saw Abe arranging several covered the petitioner was
G.R. No. pieces of small plastic sachets window is not only incidental
176077. Augus which he believed to be within the to a lawful arrest,
t 31, 2011 containing shabu. meaning of but it also falls within
✓ Slowly, said operative inched his "plain view the purview of
way in by gently pushing the doctrine" for the plain view
door as well as the plywood a warrantless doctrine.
covering the same. Upon seizure to be
gaining entrance, PO3 Antonio lawful.
forthwith introduced himself as a
 police officer while Abe, on the
other hand, after being informed
of such authority, voluntarily
handed over to the former the
four (4) pieces of small plastic
sachets the latter was earlier
sorting out. PO3 Antonio
immediately placed the suspect
under arrest
✓ Gun Ban ✓ Whether or ✓ In the instant case,
R. Abenes y ✓ a red Tamaraw FX trying to pass not the the firearm was
Gacutan Vs. through the check point was petitioners seized from the
the Hon. CA, stopped by the team and constitutional petitioner when in
et al. directed to park at the side of right against plain view, the
G.R. No. the road. As the occupants unlawful policemen saw it
156320. Febru within the vehicle could not be search and tucked into his waist
ary 14, 2007 seen through its tinted windows, seizure uncovered by his
SPO1 Eliezer Requejo, a member violated? shirt.
of the team, knocked on the ✓ The law
vehicles window and requested enforcement
the occupants to step down for officers lawfully
a routine inspection. made an initial
✓ The eight occupants, which intrusion because of
included the accused-appellant the enforcement of
Rodolfo Abenes who is the the Gun Ban and
Barangay Chairman of Tawagan were properly in a
Norte, Labangan, Zamboanga position from which
Del Sur, alighted from the they particularly
vehicle. viewed the area.
✓ At this juncture, SPO1 Requejo ✓ In the course of
and SPO3 Pascua noticed that a such lawful
holstered firearm was tucked at intrusion, the
the right waist of Abenes. The policemen came
firearm was readily visible to the inadvertently across
policemen; it was not covered a piece of
by the shirt worn by Abenes. evidence
✓ Abenes was then asked by SPO3 incriminating the
Pascua whether he had a petitioner where
license and authority to carry the they saw the gun
firearm, and whether his tucked into his
possession was exempted from waist. The gun was
the Gun Ban being enforced by in plain view and
the COMELEC. Accused discovered
answered in the affirmative. inadvertently when
✓ The policemen then demanded the petitioner
for the pertinent documents to alighted from the
be shown to support Abenes vehicle.
claim. He could not show
any. Hence, SPO1 Requejo
confiscated Abenes firearm,
CASES ✓ At around 2:00 in the morning of ✓ Was ✓ NO.
DOMINGUEZ August 17, 2010, SPO1 Gerardo Dominguez ✓ as to the third
V. PEOPLE Parchaso (SPO1 Parchaso) was caught with a requisite, it was
G.R. No. conducting monitoring and sachet clearly not
235898, possible arrest of violators of RA of shabu in apparent that such
March 13, 9165 at Purok 3, Brgy. Poblacion, plain view? plastic sachet is an
2019 Muntinlupa City. evidence of a
crime, a
 ✓ From a meter away, he saw contraband, or
Dominguez holding with his left otherwise subject to
hand a small transparent plastic seizure.
sachet containing white
crystalline substance suspected
to be shabu. Dominguez was
arrested and the transparent
plastic sachet was seized.
Saluday Vs. ✓ In the present case, Marcelo ✓ Whether or ✓ This is clear consent
People of the Saluday told the member of the not the by Saluday to the
Philippines task force that "it was only a search was search of the
G.R. No. cellphone" when asked who valid contents of his bag.
215305. April owns the bag and what are its
3, 2018 contents.
✓ When asked by the member of
the task force if he could open it,
accused-appellant told him "yes,
just open it.“
✓ Hence, there was a waiver of
Saluday’s right against
warrantless search.
People v. ✓ the police had been receiving ✓ Whether or ✓ NO.
Chua 444 Phil. information that the accused not the ✓ this court did not
757 (2003) was distributing drugs in "different search was find anything
karaoke bars in Angeles City.“ valid unusual or
✓ One night, the police received suspicious about
information that this drug dealer Chua’s situation
would be dealing drugs at the when the police
Thunder Inn Hotel so they apprehended him
conducted a stakeout. A car and ruled that
"arrived and parked" at the "[t]here was no
hotel. The informant told the valid‘ stop-and-
police that the man parked at frisk’."
the hotel was dealing drugs.
✓ The man alighted from his car.
He was carrying a juice box. The
police immediately
apprehended him and
discovered live ammunition and
drugs in his person and in the
juice box he was holding.
Manalili v. ✓ the police officers conducted ✓ Whether or ✓ This Court held that
Court of surveillance operations in not the the circumstances
Appeals Caloocan City Cemetery, a search was of the case gave
345 Phil. 632 place reportedly frequented by valid( stop the police officers
(1997) drug addicts.They chanced and frisk) justifiable reason to
upon a male person who had stop the man and
"reddish eyes and [was] walking investigate if he was
in a swaying manner.“ high on drugs.
✓ Suspecting that the man was
high on drugs, the police officers
approached him, introduced
themselves, and asked him what
he was holding.
✓ However, the man resisted.
✓ Upon further investigation, the
police officers found marijuana
in the man's possession.
People v. ✓ the police officers were ✓ Whether or ✓ This Court likewise
Solayao 330 conducting an intelligence not the found justifiable
Phil. 811 patrol to verify reports on the search and reason to stop and
(1996) presence of armed persons seizure was frisk the accused
within Caibiran. valid under when "his
✓ They met a group of drunk men, stop and frisk companions fled
one (1) of whom was the upon seeing the
accused in a camouflage government
uniform. agents."
✓ When the police officers ✓
approached, his companions
fled leaving behind the accused
who was told not to run away.
✓ One (1) of the police officers
introduced himself and seized
from the accused a firearm
wrapped in dry coconut leaves.
People v. ✓ In Cogaed, the police officers ✓ Whether or ✓ In holding that the
Cogaed, 740 received information that a not the "stop and frisk"
Phil. 212, 233 certain Marvin Buya would be search was search was invalid,
(2014) transporting marijuana. A valid this Court reasoned
passenger jeepney passed that "[t]here was
through the checkpoint set up not a single
by the police officers. The driver suspicious
then disembarked and signaled circumstance" that
that two (2) male passengers gave the police
were carrying marijuana. officers genuine
✓ The police officers approached reason to stop the
the two (2) men, who were later two (2) men and
identified as Victor Cogaed search their
(Cogaed) and Santiago Dayao, belongings.
and inquired about the contents ✓ Cogaed did not
of their bags. exhibit any overt
✓ Upon further investigation, the act indicating that
police officers discovered three he was in
(3) bricks of marijuana in possession of
Cogaed's bag. marijuana.