People v Rodriguez; G.R. No. 79965; 25 May 1994; 232 SCRA 498

FACTS:
Pursuant to a report that somebody was selling marijuana, police officers proceeded to the location, spotted appellant and his co-accused acting suspiciously, and placed the two under arrest. A small packet containing marijuana was found inside appellant’s pocket. Only appellant was charged of violating the Dangerous Drugs Act.

ISSUE(S):
Whether or not the arrest and seizure were valid.

RULING:
NO. The cardinal rule is that no person may be subjected by the police to a search of his house, body or personal belonging except by virtue of a search warrant or on the occasion of a lawful arrest. There is no evidence to show that appellant was committing any crime at the time of his arrest.

Appellant’s conviction is REVERSED and SET ASIDE.

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Category: Legal Chyme

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