Constitutional Law 2 - page 14

FACTS: A group composed of policemen and barangay tanods requested a man, later identified as appellant, to open his red travelling bag. The man initially refused but later acceded to the request when the patrolmen identified themselves. Found inside the bag were approximately a kilo of marijuana leaves wrapped in a plastic wrapper. Appellant was taken to the police headquarters, tried and convicted for violation of RA 6425 (Dangerous Drugs Act of 1972, as amended). ISSUE(S): Whether or not the package of marijuana seized from appellant may be validly admitted in evidence. HELD: YES. Accused was caught in flagrante, since…

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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. HELD: 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…

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FACTS: While conducting a surveillance, the two policemen spotted petitioner carrying a “buri” bag and acting suspiciously. He attempted to flee when the policemen approached him and identified themselves but his attempt was thwarted. Found inside the “buri” bag were one (1) caliber .38 Smith & Wesson revolver, a smoke (tear gas) grenade, and two (2) rounds live ammunitions for a .22 caliber gun. Petitioner failed to show the necessary license or authority to possess firearms and ammunitions found in his possession. He was subsequently prosecuted for and found guilty of illegal possession of firearms and ammunitions ISSUE(S): Whether or…

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FACTS: A day after elements of the NARCOM team had conducted a surveillance and successful test buy on appellant pursuant to an information received that he is engaged in the sale of marijuana, a buy-bust operation was planned which resulted in appellant’s arrest. The team found a plastic bag containing dried marijuana. ISSUE(S): Whether or not the search and seizure was lawful. HELD: YES. The NARCOM agents searched the person of the appellant after arresting him in his house but found nothing. They then searched the entire house and, in the kitchen, found and seized a plastic bag hanging in…

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FACTS: While aboard a bus, two peace officers inspected appellant’s carton which the latter placed under his seat and found that it contained marijuana. Appellant was invited to the detachment for questioning as the suspect. The bus conductor was called to identify the owner after appellant denied his ownership. ISSUE(S): Whether or not appellant’s constitutional right against unreasonable searches and seizures had been violated. HELD: YES. There existed no circumstance which might reasonably have excited the suspicion of the two police officers riding in the same bus as appellant Barros. There was nothing to show that appellant Barros was then…

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FACTS: While conducting an intelligence patrol, the arresting officers met appellant who was drunk and wearing a camouflage uniform or a jungle suit. After introducing himself as PC, the police officer seized the dried coconut leaves which appellant was carrying and found wrapped in it a 49-inch long homemade firearm locally known as “latong.” The latter had no permission to possess the same. The firearm was confiscated and he was turned over to the custody of the Caibiran police who subsequently investigated him and charged him with illegal possession of firearm. ISSUE(S): Whether or not the trial court erred in…

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FACTS: In preparation for the scheduled synchronized elections, COMELEC issued a Gun Ban resolution. Ceding to the request of the House of Representatives Sergeant-at-Arms to return the firearms issued to him, petitioner instructed his driver to pick up the firearms from his house and to bring the same to Congress. The driver was then apprehended at a checkpoint after the policemen found the firearms in a bag in the truck of the car. ISSUE(S): Whether or not petitioner’s driver acquiesced to the warrantless search. HELD: NO. In the face of fourteen (14) armed policemen conducting the operation, driver Arellano being…

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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…

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FACTS: A private jeep driven by accused-appellant was stopped at a police checkpoint for routine inspection regarding unlicensed firearms and other prohibited items. A member of the inspection team noticed a black leather bag with its sides bulging at the back of the jeep. He became suspicious after the three became fidgety when asked of the bag’s contents. Found inside were marijuana. The three were then charged, tried and found guilty. ISSUE(S): Whether or not the warrantless search may be admitted was valid. HELD: YES. Appellant never objected to the admissibility of the evidence on the ground that the same…

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FACTS: A checkpoint was put up and all vehicles that went through it were stopped and checked. The officers flagged down the car driven by the accused and asked permission to inspect the vehicle to which he acceded. When they peered into the rear of the vehicle, they saw a travelling bag which was partially covered by the rim of a spare tire under the passenger seat on the right side of the vehicle. The officers again asked permission to see the contents of the bag. appellant consented to the request. Inside, the officers found forty-one plastic packets of different…

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