September 2017 - page 5

FACTS: A politician was shot to death shortly after disembarking at the airport. Witnesses said that one of the gunmen fled on a motorcycle. On the same day, petitioner’s house was searched with his consent of the killers but the search proved fruitless. Two days later, members of the Philippine Constabulary seized sans a search warrant petitioner’s motorcycle and impounded the same on the suspicion that it was one of the vehicles used by the killers. ISSUE(S): Whether or not the warrantless search and seizure of the motorcycle was lawful. HELD: NO. The warrantless seizure of the motorcycle was unquestionably…

Keep Reading

FACTS: Acting on an information that a huge stockpile of narra flitches, shorts, and slabs were seen inside petitioner’s lumberyard, a team of foresters and policeman was organized and sent to conduct surveillance. In the course thereof, the team members saw coming out from the lumberyard the petitioner’s truck loaded with lumber. The driver could not produce the required invoices and transport documents, the team seized the truck together with its cargo and impounded them. ISSUE(S): Whether or not the seizure of the truck and its cargo without warrant was unlawful. HELD: NO. Search of a moving vehicle is one…

Keep Reading

FACTS: Upon receipt of an information that appellant was going to transport a bag filled with marijuana, a surveillance team was formed to monitor her movements. In the course of such surveillance, she was apprehended inside a bus and a bag containing bundles of marijuana flowering tops were confiscated. ISSUE(S): Whether or not the search done inside the bus and the consequent seizure of the marijuana flowering tops were illegal for the absence of a valid warrant. HELD: NO. The circumstances of the case clearly show that the search in question was made as regards a moving vehicle. Therefore, a…

Keep Reading

FACTS: Acting upon a reliable information that a certain shipment of personal effects, allegedly misdeclared and undervalued, would be released the following day from the customs zone of the port and loaded on two trucks, police officers intercepted and seized said trucks. ISSUE(S): Whether or not a police officer could seize imported goods without a search warrant. HELD: YES. Except in the case of the search of a dwelling house, persons exercising police authority under the customs law may effect search and seizure without a search warrant in the enforcement of customs laws. Writ of certiorari and prohibition prayed for…

Keep Reading

FACTS: Accused, a suspected shabu “courier,” was intercepted at a checkpoint set up by a combined team of NARCOM and Coastguard personnel after receiving information that the accused will be arriving aboard a boat at that moment. He obliged to the request for him to open his bag, inside which was found a cigarette pack containing the suspected “shabu.” ISSUE(S): Whether or not the search of the accused’s bag was illegal. HELD: NO. Peace officers may lawfully conduct searches of moving vehicles —automobiles, trucks, etc. — without need of a warrant, it not being practicable to secure a judicial warrant…

Keep Reading

FACTS: Having earlier received a tip from an informer identifying the accused by name who was on board a vessel bound for Iloilo City and was carrying marijuana, the PC officers simply accosted him, inspected his bag and finding what looked like marijuana leaves took him to their headquarters for investigation. The two bundles of suspect articles were confiscated from him and later taken to the NBI laboratory for examination. When they were verified as marijuana leaves, an information for violation of the Dangerous Drugs Act was filed against him and he was eventually convicted. ISSUE(S): Whether or not Aminnudin’s…

Keep Reading

FACTS: On the strength of the report submitted by the Task Force Bantay Dagat, the PNP Maritime Group boarded and inspected a big fishing boat with the acquiescence of the boat captain. In the course of the inspection, the police discovered a large aquarium full of live fishes. Some of the fishes were tested to contain cyanide. ISSUE(S): Whether or not the search of the fishing boat was lawful. HELD: YES. Search and seizure without search warrant of vessels and aircrafts for violations of customs laws have been the traditional exception to the constitutional requirement of a search warrant. It…

Keep Reading

FACTS: Petitioner Fisheries Commissioner through the Philippine Navy seized and impounded two fishing vessels owned by respondent company for illegal fishing with dynamite. ISSUE(S): Whether or not search and seizure of the fishing vessels without a warrant were unlawful. HELD: NO. Search and seizure without search warrant of vessels and air crafts for violations of the customs laws have been the traditional exception to the constitutional requirement of a search warrant. The same exception should apply to seizures of fishing vessels breaching our fishery laws. They are usually equipped with powerful motors that enable them to elude pursuing ships of…

Keep Reading

FACTS: Accused was arrested following a buy-bust operation. Police operatives searched his mat, pillow and blanket, recovering one marijuana stick. However, the buyer still had the marked money in his hand. ISSUE(S): Whether or not the confiscated marijuana stick is admissible in evidence. HELD: NO. Apart from the uncertainty among the witnesses as to how many marijuana cigarettes, if any, were found in accused’s possession during the raid, the search in his shack was made without a warrant, hence, the marijuana cigarette or cigarettes seized in that raid were inadmissible as evidence Appealed decision is REVERSED and SET ASIDE.

Keep Reading

FACTS: Appellant was arrested as a result of a “buy-bust” operation. The arresting officer frisked him and recovered the marked money and found 17 more sticks of marijuana on appellant’s person. ISSUE(S): Whether or not the arrest and search violated appellant’s constitutional right. HELD: NO. The accused-appellant was arrested in flagrante delicto as a result of the entrapment and so came under Section 5, Rule 113 of the Rules of Court, authorizing a warrantless arrest of any person actually committing a crime. The search was made as an incident of a lawful arrest and so was also lawful under Section…

Keep Reading