September 2017 - page 8

FACTS: The Valenzuela Police Station received a report about a mauling incident. Upon learning at the hospital that the victim died on arrival and being informed of the cause of death, the policemen proceeded to the crime scene where they found a piece of wood with blood stains, a hollow block and two roaches of marijuana. After being told by the eyewitness the identity of one of the three assailants, the policemen went to appellant’s house where they introduced themselves, and apprehended him and confiscated dried marijuana leaves. ISSUE(S): Whether or not the search of appellant’s person and the seizure…

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FACTS: Petitioner, in a case of road rage, shot the victim and fled the scene. After establishing that that petitioner was probably the assailant, the police launched a manhunt. Six days after the shooting, petitioner presented himself before the police to verify news reports that he was being hunted by the police. He was immediately detained. ISSUE(S): Whether or not petitioner’s warrantless arrest was valid. HELD: NO. Petitioner’s “arrest” took place six (6) days after the shooting of Maguan. The arresting officers obviously were not present, within the meaning of Section 5(a), at the time petitioner had allegedly shot Maguan.…

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FACTS: A buy-bust team was dispatched to entrap appellant Rogelio Abugatal, a plan made on the strength of a tip given by a police informer. After witnessing the exchange, two policemen approached appellant and placed him under arrest, at the same time confiscating the wrapped object he gave the poseur-buyer. Upon prodding, appellant Abugatal led the police to the house of his co-accused Enrile where he identified the latter as the source of the marijuana. Appellant Enrile was frisked and the marked money was found inside his front pocket. ISSUE(S): Whether or not appellant Enrile’s warrantless arrest and search was…

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FACTS: During a surveillance operation of appellant’s activities, police operatives saw appellant sell marijuana to a group of persons. The police team was able to overtake and arrest appellant and recover from him sticks and teabags of marijuana. These were offered in evidence during his trial where he was found guilty. ISSUE(S): Whether or not appellant’s arrest without warrant is lawful. HELD: YES. An offense committed in the presence or within the view of an officer, within the meaning of the rule authorizing an arrest without warrant, when the officer sees the offense, although at a distance, or hears the…

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FACTS: The Regional Intelligence Operations Unit of the Capital Command (RIOU-CAPCOM) received confidential information about a member of the NPA Sparrow Unit being treated for a gunshot wound at a hospital. Upon verification, it was found that the wounded person who was listed in the hospital records as Ronnie Javelon is actually petitioner Rolando Dural, a member of the NPA liquidation squad responsible for the killing of two CAPCOM soldiers the day before. He was positively identified by eyewitnesses as the gunman who went on top of the hood of the CAPCOM mobile patrol car and fired at the two…

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FACTS: A team of policemen arrived at the house of accused-appellant armed with a search warrant. She invited one of them to enter the house. While seated at the sala and showing her the search warrant, the other policeman had entered the house through the backdoor which was open and found a plastic bag containing dried marijuana flowering tops in the kitchen. ISSUE(S): Whether or not the search and seizure was lawful. HELD: NO. Apparently, the search of the accused-appellant’s house was conducted in violation of Section 7, Rule 126 of the Rules of Court which specifically provides that no…

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FACTS: A search warrant was issued authorizing the search and seizure of an “undetermined quantity” of shabu and its paraphernalia in the premises of appellant’s house. An entrapment was planned that led to the arrest of del Rosario and to the seizure of the shabu, its paraphernalia’s and of a .22 caliber pistol with 3 live ammunition. ISSUE(S): Whether or not the seizure of the firearms was proper. HELD: NO. The raiding party was authorized to seize only shabu and paraphernalia for the use thereof and no other. A search warrant is not a sweeping authority empowering a raiding party…

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FACTS: Capt. Reynaldo Obrero, acting upon a directive, raided the Davao City residence of petitioner spouses who were already residing in Quezon City on information that the said residence was being used as a safehouse of rebel soldiers. The team did not enter the house since the owner was not present and they did not have a search warrant. When contacted by Obrero to ask permission to search the house, Ma. Luisa relented if the search would be conducted in the presence of longtime family friend, a ranking military officer. The team gained entry into the yard and the kitchen.…

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FACTS: A search warrant was issued against petitioner who was believed to be in illegal possession of firearms, hand grenades, pistols, dynamites and subversive documents. The police team searched petitioner’s house and seized cash envelopes, radio handsets, an FM transceiver, battery packs, a notebook and assorted papers. ISSUE(S): Whether or not the search warrant was valid. HELD: NO. The search warrant violates Section 3, Rule 126 of the Revised Rules of Court, which prohibits the issuance of a search warrant for more than one specific offense. The caption of Search Warrant No. 365 reflects the violation of two special laws:…

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FACTS: Petitioners were arrested on the strength of a search warrant issued for rebellion. The searching party seized 428 documents and written materials, including a portable typewriter and two wooden boxes. ISSUE(S): Whether or not the search warrant is void for being general. HELD: YES. The search warrant authorizes the seizure of personal properties vaguely described and not particularized. It is an all-embracing description which includes everything conceivable regarding the CPP and the NDF. There is absent a definite guideline to the searching team as to what items might be lawfully seized thus giving the officers of the law discretion…

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