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Rule 126
Search and Seizure
Rule 126
SEARCH AND SEIZURE
We will now go to Rule 126 Search and Seizure. This is one of the most controversial rules. This
is as confusing sometimes as the jurisprudence on warrantless arrests in Rule 113 when may an
arrest be made. Ito naman, Rule 126 when may there be a valid search and seizure.
Generally, peace officers are not allowed to conduct search and seizures if they have no search
warrants. So this is again a review of Constitutional Law.
Q: How do you define a search warrant?
A: You have Section 1:
SECTION 1. Search warrant defined. A search warrant is an order in writing
issued in the name of the People of the Philippines, signed by a judge and directed to a
peace officer, commanding him to search for personal property described therein and
bring it before the court. (1)
Now lets go to Section 2 which is an entirely new provision:
SEC. 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. (n)
This provision was taken from the ruling of the SC in the leading case of MALALOAN vs. CA (232
SCRA 249 [1994]) which was reiterated in the case of PEOPLE vs. CA (291 SCRA 400).
MALALOAN vs. COURT OF APPEALS
232 SCRA 249
Q: Can a search warrant issued by lets say, a Davao City court be enforced in any other
place outside of Davao City?
A: YES, because a search warrant is merely a court process. It should not be confused
with the correct venue for the filing of the case. But here, there is no case. We are only
talking about search and seizure which is a mere court process. It has nothing to do with
the filing of a criminal case. So you cannot limit the power of the search warrant only
within the place where the crime was committed.
Furthermore, search warrants are usually applied by law enforcement officers and it is
too much to require peace officers to know in advance where is the probable venue of the
criminal case. And based on the interim rules, there is a statement there that xxx writs of
certiorari, prohibition, habeas corpus, etc of the RTC are enforceable only within the region.
All other writs or processes are enforceable throughout the country. And a search warrant
fall under the general provision all other writs xxx.
Of course, under the last paragraph, when there is already a case filed in court, then all search
warrants in connection with a pending case can only be issued by the court where the case is pending.
This was also taken in Malaloan. So that is the history of that provision.
SEC. 3. Personal property to be seized. A search warrant may be issued for the
search and seizure of personal property:
(a) Subject of the offense;
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there must be three different search warrants. Otherwise the search warrant is a general
warrant which is prohibited under the Constitution.
And one of the leading case regarding on that issue is the case of STONEHIILL vs. DIOKNO (20
SCRA 383) where a search warrant was issued against an American businessman who had a violation
daw ng NIRC, RPC, etc. gi-one time ba! And it was declared as null and void by the SC because there
were so many items which were allegedly seized in connection with violation of different laws like
NIRC, RPC, Central Bank Act. That is a general warrant.
However, if we go by jurisprudence on general warrants, it is not really necessary that in order to
be classified as a general warrant, it was issued for several offenses under different laws. For example
in the case of
BURGOS, SR. vs. CHIEF OF STAFF
December 26, 1984 (134 SCRA)
FACTS: A search warrant was issued to raid the editorial offices of Metropolitan Mail and
We Forum (predecessor of Malaya) somewhere in Quezon City. What were going to be
confiscated were materials, pamphlets, printing machines to stop the paper from publishing
on the alleged violation of Anti-Subversion Act (PD 885) during the time of Marcos. Burgos
challenged the validity of the search warrant before the SC.
ISSUE #1: According to Burgos, You cannot seize those things because I am not the
owner of those. I am just leasing them. Can you only seize from somebody objects which
he owned?
HELD: NO, because there is no provision in the law to that effect. And under Section 3,
you can seize stolen or embezzled and other proceeds, or fruits of the offense. For example,
you can issue a warrant to seize stolen property from a thief or robber. Is the thief or robber
the owner the owner of those stolen property? Of course not! So, there is no requirement
that you can only seize it from its owner. Talo si Burgos sa issue na yan.
ISSUE #2: According to Burgos, you cannot seize the printing equipments because
under the law you can only seize personal property. These printing machines are all
attached to the building and under the law on Property, when a machinery is attached to
the immovable, it becomes immovable or real property also. And you cannot seize a real
property.
HELD: You are correct BUT there is an EXCEPTION if the machine is attached by
somebody who is not the owner of the building, then the machine is still a movable
property. So, tinamaan na naman siya dun.
ISSUE #3: Was the search warrant a general warrant?
HELD: YES. What were seized were paraphernalia, pamphlets, printing machines, etc.
which, according to the search warrant, were used in committing the crime of subversion
under PD 885. So there is only one law violated unlike in the case of Stonehill na marami.
But sabi ng SC, the search warrant is a general warrant. It is true that there is only one
law violated but there are many sections in the Decree. You must allege the section violated,
otherwise it becomes a general warrant.
So if you just say that the search warrant is for violation of a law, then that is a general warrant.
You must point out the section which was allegedly violated. So in the case of Burgos, the search
warrant was declared as a general warrant inspite of the fact that only one law was violated.
As a matter of fact, the concurring opinion of former Justice Abad Santos was clearer eh. He said,
In the case at bar nothing specifically subversive has been alleged; stated only is the claim that
certain objects were being used as instruments and means of committing the offense of subversion
punishable under P.D. No. 885, as amended. There is no mention of any specific provision of the
decree. It would be legal heresy, of the highest order, to convict anybody of violating the decree without
reference to any determinate provision thereof.
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The obvious question is: Why were the documents, pamphlets, leaflets, books, etc. subversive?
What did they contain to make them subversive? There is nothing in the applications nor in the
warrants which answers the questions. I must, therefore, conclude that the warrants are general
warrants which are obnoxious to the Constitution.
Lets distinguish Burgos in the case of
OLAES vs. PEOPLE
155 SCRA 486 [1987]
FACTS: The caption of the search warrant states that it is in connection with Violation
of RA 6425, otherwise known as the Dangerous Drugs Acts of 1972. The text of the
warrant however says, There is probable cause to believe that Olaes has in his possession
and control and custody of marijuana dried stalks/leaves/seeds/cigarettes and other
regulated/prohibited and exempt narcotics preparations which is the subject of the offense
stated above. Olaes argued that the warrant is a general warrant because it does not
specifically point to certain provisions in the Dangerous Drugs Act.
HELD: Olaes is correct BUT there is only once section in marijuana. So what are we
talking? So, even if it is not mentioned, it is understood that it points to marijuana.
PEOPLE vs. DICHOSO
223 SCRA 174
FACTS: A search warrant was issued for the seizure at Dichoso residence of shabu,
marijuana, paraphernalia, etc. Dichoso argued that his illegal possession of shabu,
marijuana and paraphernalia are covered by different articles and sections of the
Dangerous Drugs Act. Hence, the warrant is a general warrant.
HELD: Teka muna! Marijuana is regulated, shabu is also prohibited. But they both of
them belong to one family dangerous drugs. So magkapatid man yan! Pareho na rin iyan!
The Dangerous Drugs Act of 1972 is a special law that deals specifically with
dangerous drugs which are subsumed into "prohibited" and "regulated" drugs and defines
and penalizes categories of offenses which are closely related or which belong to the same
class of species. Accordingly, one (1) search warrant may thus be validly issued for the said
violations of the Dangerous Drugs Act.
PRUDENTE vs. DAYRIT
180 SCRA 69 (1989)
FACTS: The application for search warrant was captioned: For Violation of PD No. 1866
(Illegal Possession of Firearms, ETC.) And what were taken were firearms and explosives.
The validity of the search warrant was questioned on the ground that there are two
different violations firearms and explosives.
HELD: Such illegal possession of items destructive of life and property are related
offenses or belong to the same species, as to be subsumed within the category of illegal
possession of firearms, etc. under P.D. No. 1866.
So the word etcetera covers them all.
Another interesting case is the 1988 case of Twentieth Century Fox vs. CA (164 SCRA 655),
reiterated in Columbia Pictures vs. Flores (June 29, 1993). It refers to a violation of PD 49 (otherwise
known as the Decree on the Protection of Intellectual Property) on anti-film piracy during the height of
betamax tapes.
TWENTIETH CENTURY FOX vs. COURT OF APPEALS
164 SCRA 655
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FACTS: A search warrant was issued for alleged violation of Anti-Piracy Law. The things
to be seized were video tapes, television sets, video cassette recorders, rewinders, tape
cleaners, and almost everything.
HELD: The warrant is general. It is void. Why? Of course, if you seize the tapes, puwede
pa yan. But why will you seize television sets, video cassette recorders, rewinders, etc? Are
they illegal objects?
Television sets, video cassette recorders, rewinders and tape cleaners are articles which
can be found in a video tape store engaged in the legitimate business of lending or renting
out betamax tapes. In short, these articles and appliances are generally connected with, or
related to a legitimate business not necessarily involving piracy of intellectual property or
infringement of copyright laws. Hence, including these articles without specification and/or
particularity that they were really instruments in violating an Anti-Piracy law makes the
search warrant too general which could result in the confiscation of all items found in any
video store.
SEC. 6. Issuance and form of search warrant. If the judge is satisfied of the
existence of facts upon which the application is based or that there is probable cause to
believe that they exist, he shall issue the warrant, which must be substantially in the
form prescribed by these Rules. (5a)
SEC. 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 to liberate himself or any person
lawfully aiding him when unlawfully detained therein.
SEC. 8. Search of house, room, or premises to be made in presence of two witnesses.
No search of a house, room, or any other premises shall be made except in the
presence of the lawful occupant thereof or any member of his family or in the absence of
the latter, two witnesses of sufficient age and discretion residing in the same locality.
(7a)
Remember there is a similar provision in the RPC (violation of domicile). Even if there is a search
warrant, you cannot search the house without the presence of the owner or the occupant of the house.
Or if nobody is around, the searching officer must secure 2 witnesses, 2 members of the
neighborhood. They cannot search on their own without any witnesses.
Q: What is the reason?
A: In order that the searching party will not just get anything which is not the subject of the
warrant. This usually happens. You supposed to search for marijuana, but you brought along the
refrigerator. One reason also is to prevent the planting of evidence.
One interesting case here is
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SEC. 9. Time of making search. The warrant must direct that it be served in the
day time, unless the affidavit asserts that the property is on the person or in the place
ordered to be searched, in which case a direction may be inserted that it be served at
any time of the day or night. (8)
Now, lets go to a very important provision Section 10:
SEC. 10. Validity of search warrant. A search warrant shall be valid for ten (10)
days from its date. Thereafter, it shall be void. (9a)
A search warrant has a lifetime only of ten (10) days. Compare that with the lifetime of a warrant of
arrest under Section 4 of Rule 113. Under Rule 113, the 10-day period does not mean to say that the
warrant of arrest is only good for 10 days. It is only a directive that you will enforce it within 10 days. If
you cannot arrest, di bayaan mo! Keep it and try to arrest the accused in the future.
But a search warrant, iba talagang 10 days lang. Thereafter, it shall be void. Does this mean to
say that you can use a search warrant everyday for 10 days? NO. You can use it once for 10 days. But
it does not mean you can use it everyday or for the next 10 days.
One interesting case on the issue of the 10-day period on search warrants is the 1996 case of
MUSTANG LUMBER, INC. vs. COURT OF APPEALS
257 SCRA 430 [1996]
FACTS: A search warrant was secured on a certain date and enforced the same on the
same day. But the raiding team could not finish the search in one day. So they postponed,
bukas naman ituloy.
ISSUE: Can you still continue tomorrow? Or must you finish everything today?
HELD: Under the Rules of Court, a search warrant has a lifetime of ten days. Hence, it
could be served at any time within the said period, and if its object or purpose cannot be
accomplished in one day, the same may be continued the following day or days until
completed. Thus, when the search under a warrant on one day was interrupted, it may be
continued under the same warrant the following day, provided it is still within the ten-day
period.
Yaan! So that is the correct interpretation of the 10-day period. Hindi naman kailangan na you
have to finish everything on the same day. You may still continue tomorrow but be sure that tomorrow
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is still within the 10-day period. Suppose you cannot finish naman tomorrow? Continue on the next
day? Puydi! tuloy! basta within the 10-day period.
SEC. 11. Receipt for the property seized. The officer seizing the property under the
warrant must give a detailed receipt for the same to the lawful occupant of the premises
in whose presence the search and seizure were made, or in the absence of such
occupant, must, in the presence of at least two witnesses of sufficient age and
discretion residing in the same locality, leave a receipt in the place in which he found
the seized property. (10a)
SEC. 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 complied 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. (11a)
Q: After the search warrant has been implemented, what happens next?
A: Under Section 11, the officer must give a receipt to the owner or person from whom he took it or
to the witness. And under Section 12 [a], the officer must forthwith deliver the properties seized to the
judge who issued the warrant together with a true inventory thereof duly verified under oath. So,
receipt and then deliver.
Now, there are two new paragraphs, inserted in Section 12paragraphs [b] and [c] that there is a
deadline for the officer to submit this report and to make a return of the warrant. There is a deadline
for him to do that. And the last portion of Section 12 says:
A violation of this section shall constitute contempt of court.
I do not know the reason behind this amendment. I presume it was inserted by the SC maybe
because in other places after the search warrant has been implemented, the court never knew what
happened to the warrant, all the things were appropriated by the officer, they were not turned over to
the court. Maybe because of such experience, the SC decided to give a deadline for the turnover of all
the properties seized and for the report. Thats only my conjecture, noh?
Lets go to some interesting cases regarding these personal properties subject of a search warrant.
WASHINGTON DISTILLERS INC. vs. COURT OF APPEALS
260 SCRA 821 [1996]
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intolerable. And what is the certification that I have not filed any other action or
proceeding. YOOON! PROCEEDING! An application for a search warrant is a court
proceeding which is covered by the rule on forum shopping.
So that was the ruling of the SC in this case. Thats why you will see how analytical and brilliant
Estelito Mendoza is. Makita niya ang mga ito. In other words, he can really detect these points which
normally other lawyers will not be able to detect. Magaling man talaga yan siya ba. Nasira lang yan
siya sa impeachment trial. Hes unpopularpero hes really very good. Compared to the prosecution
panel, na outclass talaga yun. Walang laban yun. When I read it, grabeh talaga itong argument niya
kung saan niya pinulot ito. And he has been sustained in the SC. Alright.
Did I tell you about somebody from Davao who wanted to get the services of Mendoza? Wala, ayaw
tanggapin. If not for the recommendation of one of his closest friends in Davao. Sabi niya, we do not
accept for the moment because of the impeachment trial, were all busy. Hes busy. Im paying! How
much? Two million? Three Million? Ill pay na! No, wala, ayaw tumanggap ni Mendoza. Thats very
small to him. Alright.
Lets go now to the most controversial provision Section 13 The issue on Warrantless Search
and Seizure.
SEC. 13. Search incident to lawful arrest. A person lawfully arrested may be
searched for dangerous weapons or anything which may have been used or constitute
proof in the commission of an offense without a search warrant. (12a)
Q: When may a search and seizure be effected without a search warrant?
A: Section 13 - when it is merely incidental to a lawful arrest. A person lawfully arrested may be
searched for dangerous weapons or anything which may be used or constitute proof in the commission
of an offense without a search warrant.
This is because its absurd, noh? if Im arresting a criminal by virtue of a warrant, or the arrest is
valid with no warrant (because that would be valid arrest without a warrant) he might be holding a
gun or a knife. And if you do not search him, he might stab the arresting officer. And it would be
absurd to say, ok, you can arrest me because of your warrant of arrest, but you cannot search me
because you have no search warrant. So you ask the policeman to go back to court to get the search
warrant. Theres something wrong there. Yung search, dala na yun! When the arrest is valid or lawful,
automatically the search becomes also lawful.
That is why in most cases involving search and seizures, the target of the person against whom
something is taken is the validity of the arrest. Because once he can prove that the arrest is not valid,
then automatically the accompanying search is not also valid. Because, no valid arrest means no valid
search and seizure. That is the pattern.
There are so many cases here. Im just choosing the interesting ones.
UY KHEY TENG vs. VILLAREAL
42 PHIL 886
FACTS: This is a very old case, already asked in the bar. There was a search warrant
issued by the court to search a building somewhere in chinatown in Binondo, Manila on
the ground that there was opium or other drugs in that house. So the raiding party went to
the house and announced to the owner that they have a search warrant. So the owner had
no choice but to allow the search. They searched the premises, they did not find any opium.
Wala! But, instead, what they found were firearms unlicensed firearms. And because they
discovered the presence of these firearms, they arrested the accused for illegal possession
of firearms and seized all his firearms.
There were two questions which were asked in the bar
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ISSUE #1: Can the peace officers seized the firearms by virtue of the search warrant?
HELD: NO, Because a search warrant can only issue for one offense. The offense was
possession of opium or drugs. It cannot be used to seize firearms. So the firearms cannot
be seized by virtue of the warrant.
ISSUE #2: Would you say therefore that the seizure of these firearms is illegal?
HELD: NO. It is valid because in the course of their search for opium, they discovered
another crime illegal possession of firearms. And since they discovered the commission of
another crime, they have the authority THEN AND THERE to arrest the owner because the
crime is being committed in their presence. So there is a valid warrantless arrest. And since
there is a valid warrantless arrest, automatically there is also a valid warrantless seizure.
So, dun nahuli. What gives the peace officers the authority is not the search warrant, but
the fact that it becomes merely incidental to the arrest of the accused.
Lets go now to other cases. We are concentrating on the question of whether there is a valid
seizure. Whether you can say that the seizure is incidental to an arrest.
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HELD: VALID! When you say search of the person, it INCLUDES the immediate premises
because for all you know, walang baril, pero yung baril pala nasa drawer niya at gagamitin
sa iyo. So it includes the surrounding premises. That is covered by the incidental search.
Catan is wrong. Appellant was arrested in flagrante delicto in the act of selling and
delivering marijuana to the poseur-buyers. His case therefore falls under the category of a
valid warrantless arrest. The subsequent search of his house which immediately followed
yielding other incriminating evidence was a search contemporaneously made and as an
incident to a valid warrantless arrest in the immediate vicinity where the arrest was made.
That is a recognized exception to the general rule that any search and seizure must be
supported by a valid warrant. That is the general rule.
When you say incidental search, it does not only refer to kapkapan mo yung tao. Pati immediate
vicinity is included because remember, he may have dangerous weapons in his body which he can use
against you. But the dangerous weapon may not be in his body but within the immediate premises.
That is what the SC said. The same rule or pattern emerged in the case of:
PEOPLE vs. LI WAY CHUNG
214 SCRA 431 [1992]
FACTS: Search without warrant of the appellants dwelling. Appellants dwelling is just a
single-room unit, which is around 9 square meters. Maliit lang yung kwarto ng accused.
They searched the room and found out evidence.
HELD: The search without a warrant of appellants dwelling, a single room unit with a
total area of 9 sq. m. was a valid as an incident of a lawful warrantless arrest. The search
was conducted in a confined place within appellants immediate control, an area where he
might gain possession of a weapon.
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HELD: YES. The search conducted on Gerentes person was likewise lawful because it
was made as an incident to a valid arrest. It was in accordance with Section 12, Rule 126,
citing the case of Adams vs. Williams, an American case: It was ruled that the individual
being arrested may be frisked for concealed weapons, that may be used against the
arresting officer, and all unlawful articles found in his person or within his immediate
control may be seized.
PEOPLE vs. QUIZON
256 SCRA 325 [1996]
NOTE: The guideline in order not to be lost is placed here nicely. The guideline given by
the SC is thisit is wise to remember this, because as we said, ang premise natin only the
arrest eh.
HELD: It is beyond cavil that a lawful arrest must precede the search of a person and
his belongings. Where a search first undertaken, then an arrest effected based on evidence
produced by the search, both such search and arrest would be unlawful, for being contrary
to law.
You get that? Unahin muna ang arrestlawfuland then search. If you will search, and in the
process of searching you discover something and you will arrest him aba, hindi puwede because how
can you say that the search was incidental to a lawful arrest eh nauna yung search kaysa arrest? So,
unlawful pareho. The arrest must precede the search, not the search preceding the arrest. Do not
search him in the hope that you will discover something unlawful.
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then you see somebody in the dark. That will invite your attention. And then, the Terry Search says
you must ask questions first What is your name? Why are you here in the middle of the night? Hindi
ka puwedeng mag-kapkap kaagad. Magtanong ka muna. Find out whether you are satisfied with his
answers. Now, if somehow you doubt his answerlike if he is wearing a big jacket and trying to hide
somethingayan na! You can say I will frisk you.
The guideline here is the appearance of the person, the time, the occasion of the search. And you
have to limit first your observation on the outer garments. But you have to consider also, according to
the SC, the experience of the peace officer. Because peace officer, somehow, they have sixth sense eh
when it comes to shady characters. These are the factors which should be taken into consideration,
then stop and frisk. Kapkapan mo. Now suppose in doing that, firearm is taken, or anything, pwede.
He cannot say inadmissible. Under the second exception ito (Stop and Frisk).
Now well illustrate some cases to demonstrate how this has been applied. Let us start with a case
which originated in Davao.
POSADAS vs. COURT OF APPEALS
180 SCRA 283
NOTE: The search was conducted in Magallanes Street, sa may RMC.
FACTS: At about 10 oclock in the morning, two policemen were conducting a
surveillance. Obviously, they were expecting something to happen, or they were asked to
look for somebody. They spotted Posadas carrying a buri bag. They notice him to be acting
suspiciously. (What do you mean by acting suspiciously? Let us leave that to the judgment
of the peace officer.) Both policemen approached Posadas and identified themselves. But
when they introduced themselves, Posadas attempted to flee. There is something wrong
here. Nagpakilala tayong pulis, tumakbo siya. Why is he running?
So, they caught him. A check of the buri bag yielded one caliber .38 Smith & Wesson
revolver, 2 teargas grenades and live ammunitions of .32 caliber gun. Posadas was not able
to show the necessary license or authority to possess firearms and ammunitions. So he
was prosecuted for illegal possession of firearms and ammunitions.
ISSUE: Was there a valid search and seizure to make a confiscated items admissible
evidence?
HELD: YES. There was a valid search and seizure. At the time the peace officers
identified themselves and apprehended Posadas as he attempted to flee, they did not know
what he had committed, or was actually committing illegal possession of firearms. They did
not know that! They just went there and introduced themselves. They just suspected that
he was hiding something in the buri bag. They did not know what its contents were. The
said circumstances did not justify the arrest without the warrant. klaro yan because is
there a crime if you walk around with a buri bag? I dont think there is a crime, noh?)
HOWEVER[yaaan!]the search, in the case at bar, is reasonable considering that it
was effected on the basis of probable cause. [So, balik na naman tayo sa probable cause.]
The probable cause is that when Posadas acted suspiciously and attempted to flee with the
buri bag, there was a probable cause that he was concealing something illegal in the bag. It
was the right and duty of the police officers to inspect the same, Why are you running?
Were just introducing ourselves, bat tumakbo ka? Ayan. It will arouse suspicion.
It is too much indeed to require the police officers to search the bag in the possession
of Posadas only after they shall have obtained a search warrant for the purpose. Such an
exercise may prove to be useless, futile and much too late.
So you can see the pattern. Alam niyo ang mga kasong ganitowarrantless searches, warrantless
arrests under Rule 113ang pag-asa mo lang dito read as many cases as possible. Because if you will
be questioned by the examiner, definitely it will be patterned after one case. If you are familiar with the
cases, madaling makilala. It would be easy. As what happened last year, there was a question in
Constitutional Law on stop and frisk. Sabi nila, Uy! [si Judee na sad!] Nabasa ko man ang kasong ito.
And it was really the same case. The same facts, eh. Sa sementeryo, inaresto, mapula ang mata,
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parang hubog maglakadmeaning, he was suspected to be an addict. The same! Well touch the case
later. I think thats the case of Manalili vs Court of Appeals. Alright.
Well compare this case of Posadas with a similar case the case of
PEOPLE vs. MENGOTE
210 SCRA 174
FACTS: Rogelio Mengote was arrested by policemen because he was acting suspiciously.
Ayan na naman, pareho sa Posadas eh. He was looking from side to side while holding his
abdomen. When searched, he was found with a .38 revolver with six live bullets. The
incident occurred before noon time so tanghali! at the corner of Juan Luna and North
Bay Boulevard, Tondo, Manila. Almost the same with Posadasten oclock in the morning,
before noon. But how come there is a difference in the ruling?
NOTE: Take note ha, in the case of Posadas, tumakbo. In Mengote, hindi man tumakbo.
Basta linapitan siya, nakapkapan ng baril. Mengote was convicted of illegal possession of
firearms.
He was convicted. Mengote contends that the weapon was not admissible evidence
because it was illegally seized, and therefore, the fruit of a poisonous tree. Yun man talaga
depensa mo, wala mang iba.
The prosecution insists that the revolver was validly received in evidence because its
seizure was incidental to an arrest that was doubtless lawful, even admittedly without
warrant.
ISSUE: Is the evidence inadmissible?
HELD: YES. The evidence is inadmissible. When Mengote was arrested, he was not
committing any offense.
The question is, What offense? What offense could possibly have been suggested by a
person looking from side to side and holding his abdomen and in a place not exactly
forsaken? These are certainly not sinister acts. And the setting of the arrest made them less
so, if at all. Eto! Kaya nasabi ko, in determining stop and frisk, you have to look at the
time, the place.
It might have been different if Mengote had been apprehended at an ungodly hour and
in a place where he had no reason to be, like a darkened alley at 3 o'clock in the morning.
But he was arrested at 11:30 in the morning and in a crowded street shortly after alighting
from a passenger jeep with his companion. He was not skulking in the shadows but
walking in the clear light of day. There was nothing clandestine about his being on that
street at that busy hour in the blaze of the noonday sun.
It would be a sad day, indeed, if any person could be summarily arrested and searched
just because he is holding his abdomen, even if it be possibly because of a stomach-ache,
or if a peace officer-could clamp handcuffs on any person with a shifty look on suspicion
that he may have committed a criminal act or is actually committing or attempting it. This
simply cannot be done in a free society. This is not a police state where order is exalted over
liberty or, worse, personal malice on the part of the arresting officer may be justified in the
name of security.
So even the SC gave a guideline. Kung alas tres ng umaga, madilimahh, puydi!
PEOPLE vs. EVARISTO
December 11, 1992
FACTS: There was somebody who fired a pistol. So, there were 2 policemen who started
chasing him. And when they chased, they found 2 people in the corner and they started
asking these 2 people. Now, one of the 2 policemen saw that the guys side is bulging. When
they searched him, they found a gun. So he was arrested.
ISSUE: Whether there was a valid warrantless search was valid.
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HELD: When the police officers chased after somebody who fired a pistol and they came
upon Evaristo, the visual observation that his side is bulging along with the earlier report
of gunfire, as well as the peace officer's professional instincts, are more than sufficient to
pass the test of the Rules. Consequently, under the facts, the firearms taken from Evaristo
can be said to have been seized incidental to a lawful and valid arrest.
So, that is the doctrine of Stop and Frisk.
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Now, do you remember the most controversial case of VALMONTE vs. DE VILLA? This is where the
SC sustained the constitutionality of checkpoints. But the guidelines here is that the checkpoints has
authority to stop the car and see anything without opening any compartments of it. So, the inspection
is limited to a visual or ocular inspection only. But if the checkpoints received a tip that there is a
passenger, then it is allowed.
PEOPLE vs. MALMSTEDT
198 SCRA 401
FACTS: This happened in the Mountain Province involving a Caucasian. The NARCOM
agents received a tip that a bus will pass from Mt. Province and that there is a Caucasian
passenger bringing with him prohibited drugs. So, they stopped the bus and found a
Caucasian inside. So they approached him and asked him: What is your name? Can we
see your passport? The Caucasian refused. Then during the inspection, the NARCOM
agents opened his bag and found hashish. The same was found in the teddy bear. So, he
was charged with illegal possession of prohibited drugs. Malmstedt questioned the validity
of the search.
HELD: The warrantless search was valid. The receipt of information by NARCOM that a
Caucasian coming from Sagada had prohibited drugs in his possession, plus the suspicious
failure of Malmstedt to produce his passport, taken together as a whole, led the NARCOM
officers to reasonably believe that he was trying to hide something illegal from the
authorities. From these circumstances arose a probable cause which justified the
warrantless search that was made on the personal effects of Malmstedt. In other words, the
acts of the NARCOM officers in requiring him to open his pouch bag and in opening one of
the wrapped objects found inside said bag (which was discovered to contain hashish) as
well as the two (2) travelling bags containing two (2) teddy bears with hashish stuffed inside
them, were prompted by Malmstedts own attempt to hide his identity by refusing to present
his passport, and by the information received by the NARCOM that a Caucasian coming
from Sagada had prohibited drugs in his possession. To deprive the NARCOM agents of the
ability and facility to act accordingly, including, to search even without warrant, in the light
of such circumstances, would be to sanction impotence and ineffectiveness in law
enforcement, to the detriment of society.
The case of MALMSTEDT was repeated in the case of
PEOPLE vs. BAGISTA
214 SCRA 53
FACTS: This also happened in Mt. Province. The NARCOM received a tip that a woman
riding in a bus from Baguio City has marijuana. She was described as having curly hair
and short. So, when the bus passed through the checkpoint, they saw the woman which fit
the description. The agent searched her and in her bag was found marijuana. The bag and
its contents were seized.
ISSUE: Was there a valid search?
HELD: The search was valid in accordance with the case of Malmstedt. With regard to
the search of moving vehicles, this had been justified on the ground that the mobility of
motor vehicles makes it possible for the vehicle to be searched to move out of the locality or
jurisdiction in which the warrant must be sought.
This in no way, however, gives the police officers unlimited discretion to conduct
warrantless searches of automobiles in the absence of probable cause. When a vehicle is
stopped and subjected to an extensive search, such a warrantless search has been held to
be valid only as long as the officers conducting the search have reasonable or probable
cause to believe before the search that they will find the instrumentality or evidence
pertaining to a crime, in the vehicle to be searched.
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The NARCOM officers in the case at bar had probable cause to stop and search all
vehicles coming from the north at Acop, Tublay, Benguet in view of the confidential
information they received from their regular informant that a woman having the same
appearance as that of accused-appellant would be bringing marijuana from up north. They
likewise have probable cause to search accused-appellant's belongings since she fits the
description given by the NARCOM informant.
Lets try to compare the case of Bagista with the earlier case of AMINUDIN. It has a similar set of
facts but this time, it involves marine vessel.
PEOPLE vs. AMINUDIN
163 SCRA 402
FACTS: The NARCOM agenst in Iloilo City received a report that a vessel coming from
Mindanao has Mr. Aminudin carrying with him marijuana. So, the NARCOM agents waited
at the port for the vessel to arrive. So they were looking for the passenger and then they
saw a man which fit the description of the suspect. They frisked him and when the maleta
was opened, it contained prohibited drugs. Subsequently, the man was arrested.
HELD: There was no valid search because the NARCOM has enough time to secure a
search warrant. There are still 2 days before the vessel will arrive. They have all the time. In
the Malmstedt and Bagista, it was in the bus and may pass by within 30 minutes or 1 hour.
Another difference is this: if you are the suspect riding in a bus and you knew that there is a
checkpoint ahead, you can always ask the bus to stop and then baba ka. But in the case of ship, you
cannot do that! Pagnaka-hearing ka na may checkpoint sa pier, will you ask the vessel to stop and
then talon ka dagat? That is absurd no! So when it comes to buses or other by-land vehicles, mas
madaling makataas ang suspect. Unlike sa marine vessel.
Another case where the SC laid down the rule reiterating the case of Valmonte is the 1993 case of:
PEOPLE vs. EXALA
221 SCRA 494
HELD: But visual situation only and if there is an information to excite that something
is wrong, then you can effect a search without warrant. This is the exception: if the vehicle
is stopped and extensively searched, it is because of some probable cause which justifies a
reasonable belief that either a motorist of the content of the vehicle is an instrument in the
commission of an offense. The presumption stands that they are regularly performing their
duties.
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Thereafter, 2 agents went to the kitchen and noticed a cellophane colored white and
stripe hanging at the corner of the kitchen. They asked the appellant about its contents,
but failing to get a response, they opened it and found dried marijuana leaves.
At the trial, the appellant questioned the admissibility of the plastic bag and the
marijuana it contains but the trial court ruled that they are admissible.
HELD: Search was not valid, objects seized inadmissible in evidence. The SC explained
and clarified the meaning of plain view. Let us say that the plastic bag is apparent and you
cannot see what is inside, then you will go there to see it, that is not plain view.
The warrantless search and seizure, as an incident to a suspect's lawful arrest, may
extend beyond the person of the one arrested to include the premises or surroundings
under his immediate control. Objects in the "plain view" of an officer who has the right to
be in the position to have that view are subject to seizure and may be presented as
evidence.
The "plain view" doctrine may not, however, be used to launch unbridled searches and
indiscriminate seizures nor to extend a general exploratory search made solely to find
evidence of defendant's guilt. The "plain view" doctrine is usually applied where a police
officer is not searching for evidence against the accused, but nonetheless inadvertently
comes across an incriminating object.
It has also been suggested that even if an object is observed in "plain view," the "plain
view" doctrine will not justify the seizure of the object where the incriminating nature of the
object is not apparent from the "plain view" of the object. 47 Stated differently, it must be
immediately apparent to the police that the items that they observe may be evidence of a
crime, contraband, or otherwise subject to seizure.
In the instant case, the appellant was arrested and his person searched in the living
room. Failing to retrieve the marked money which they hoped to find, the NARCOM agents
searched the whole house and found the plastic bag in the kitchen. The plastic bag was,
therefore, not within their "plain view" when they arrested the appellant as to justify its
seizure. The NARCOM agents had to move from one portion of the house to another before
they sighted the plastic bag.
Moreover, when the NARCOM agents saw the plastic bag hanging in one corner of the
kitchen, they had no clue as to its contents. They had to ask the appellant what the bag
contained. When the appellant refused to respond, they opened it and found the marijuana.
Even assuming then, that the NARCOM agents inadvertently came across the plastic bag
because it was within their "plain view," what may be said to be the object in their "plain
view" was just the plastic bag and not the marijuana. The incriminating nature of the
contents of the plastic bag was not immediately apparent from the "plain view" of said
object. It cannot be claimed that the plastic bag clearly betrayed its contents, whether by its
distinctive configuration, its transparency, or otherwise, that its contents are obvious to an
observer.
CUSTOMS SEARCHES
Another instance of a valid warrantless search is a search conducted under the customs and tariff
code. When a vessel arrives from abroad, the customs agents board the vessel to look for smuggled
items. Then can conduct warrantless searches for the enforcement of customs laws.
CONSENTED SEARCH
Another instance of a valid warrantless search is a consented search because here, there is a
waiver. For example: I will go to your house and I will tell you that we heard that there are illegal
firearms inside your house and I have no warrant. But you let me in, Okay lang, sige pasok ka and
you search. That is consented search.
One of the interesting cases in consented search is the case of:
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SEC. 14. Motion to quash a search warrant or to suppress evidence; where to file. - A
motion to quash a search warrant and/or to suppress evidence obtained thereby may
be filed in and acted upon only by the court where the action has been instituted. If no
criminal action has been instituted, the motion may be filed in and resolved by the
court that issued search warrant. However, if such court failed to resolve the motion
and a criminal case is subsequently filed in another court, the motion shall be resolved
by the latter court. (n)
Now, Section 14 is a new provision. It was taken from the case of Malaloan and Bans. (People v.
Bans, G.R. No. 104147)
Q: The judge will issue a search warrant. Suppose the search warrant is improper, where will you
question the admissibility of the evidence in the court which issued the warrant? or in the court
where the case is pending?
A: In the case of Malaloan, in either court. But in the case of Bans, if there is already a case, all
should be resolved in the court where the case is pending, otherwise there will be interference among
the courts.
When do you question the validity of the search? In illegal arrest, all defects surrounding the arrest
should be raised before the arraignment, otherwise the defects are deemed cured because there was a
waiver.
But in illegal search, such rule does not apply. You may raise such issue even after arraignment.
The waiver only applies on the illegality of arrest, and does not extend to searches. (People vs. Aruta)
editor-in-chief: mortmort editors: jayceebelle balite j-j torres michael peloton maying dadula
jessamyn agustin lyle santos paul ryan ongkingco dynn gutierrez maya quitain riezl locsin
patrick tabar maritess gonzales maricel culpable kenneth leyva jenny namoc ferdinand vido
melissa suarez rayda sullano rucel cayetano rod quiachon hannah examen myra montecalvo
genie salvaa grace salesa leo gillesania gemma betonio enny aquiatan michael pito karen
de leon elma tormon judee uy pao angeles jet pascua contributing editors: bathsheba baldoza
marlo masangkay
SPACE-FILLER #9:
How To Kill An Eel
Little Johnny was 10 years old and like other boys in his age, he was rather curious about
everything. He had been hearing quite a bit about 'courting' from the older boys at school, and he
wondered what it was, and how it was done.
One day he took his question to his mother, who became rather flustered. Instead of explaining
things to Johnny, she told him to hide behind the curtains one night, and watch his older sister and
her boyfriend, who she explained were "courting."
This he did. The following morning, Johnny described everything to his mother, in great detail.
"Well, Sis and her boyfriend sat and talk for a while, then he turned off most of the lights. Then he
started kissing and hugging her. I figured Sis must be getting sick, because her face started looking
funny. He must have thought so too, because he put his hand inside her blouse to feel her heart, just
the way the doctor would. Except he's not as smart as the doctor because he seemed to have trouble
finding her heart and really had to search for it. I guess he was getting sick too, because pretty soon
both of them started panting and getting all out of breath. His other hand must have been cold,
because he put it under her skirt to get it warmed up.
About this time, Sis got worse, and began to moan and sigh and squirm around and slide down
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toward the end of the couch. This was when her fever started. I knew it was a fever, because Sis told
him she really felt hot. Finally, I found out what was making them so sick -- a big eel, about nine
inches long, had gotten inside his pants somehow. It just jumped out of his pants, and it stood up,
and he had to keep one hand on it to keep it from getting away. When Sis saw it, she got really scared
and her eyes got big, and her mouth fell open, and she started calling out to God and stuff like that.
She said it was the biggest one she's ever seen; I should tell her about the ones down the lake.
Anyway, Sis got brave and tried to kill the eel by biting its head off. All of a sudden she grabbed it
with both hands, and held it tight while he took a muzzle out of his pocket and slipped it over the eel's
head to keep it from biting again.
Sis lay back and spread her legs, so she could get a scissor - lock on it and he helped by lying on
top of the eel. The eel put up a hell of a fight. Sis started groaning and squealing and her boyfriend
almost upset the couch. I guess they wanted to kill the eel by squashing it between them.
After a while they both quit moving and gave a great sigh. Her boyfriend got up, and sure enough,
they killed the eel. I knew it because it just hung there, limp, and some of its sides hanging out.
"Sis and her boyfriend were a little tired from the battle, but they went back to courting anyway.
He started hugging and kissing her again. By golly, the eel wasn't dead! It jumped straight up and
started to fight again. I guess eels are like cats - they have nine lives or something.
This time, Sis jumped up and tried to kill it by sitting on it. After about a 35-minute struggle,
they finally killed the eel. I knew it was dead now for sure, because I saw Sis's boyfriend peel it's skin
off and flush it down the toilet."
(Probably this Mom answered her son's questions herself after this!)