People v Ramos; G.R. Nos. 101804-07; 25 May 1993; 222 SCRA 557

FACTS:
Following a tip from an informer, police operatives patrolled Miranda Subdivision for a possible engagement with the suspects of a series of armed robbery incidents. Accompanied by one of the victims, the lawmen chanced upon petitioner Felimon Ramos who the victim identified as one of the armed men he encountered during the robbery. When accosted and frisked by the lawmen, Ramos yielded in his waistline a .38 caliber snub nosed “paltik” revolver loaded with two (2) live bullets. At the police headquarters, Ramos admitted involvement in the aforementioned robbery incidents and identified all his cohorts, one of home is Antonio Contreras.

ISSUE(S):
Whether or not the frisking and seizure of the gun tucked on petitioner’s waistline were illegal for lack of a valid search warrant.

RULING:
NO. The evidence for the prosecution discloses that accused Ramos voluntarily allowed himself to be frisked and that he gave the gun to a police officer. Thus, there was deemed a valid waiver.

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Category: Legal Chyme

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