People vs. Maspil G. R No.

85177, August 20,1990

Facts:

By the virtue of the report coming from the informants, that two persons would be
transporting a large quantity of marijuana, Police officers set up a check point in
Benguet to monitor,inspect and scrutinize vehicles bound for Baguio City. After
hours of waiting, a jeepney was flagged down in the checkpoint and the informers
identified the two. When inspected the jeepney,there were sacks and cans inside
it,when opened,the sacks and cans were filled with marijuana leaves. The two were
placed under arrest.

Issue : Was the arrest Valid?

Ruling : Yes

The court again mad a distinction between Maspil and Aminnudin case. In the latter,
the officers were aware of the identity of the accused,his plans and the vessel that
he would be taking. Further, the officers have ample of time to obtain a warrant but
failed to do so. In the former, the officers had no exact description of the vehicle of
the accused and no idea as to what the vehicle would exactly arrive.

The court explained that the jeepney on the road is not the same as the passenger
boat the route and the time of arrival of which are more or less certain and which
ordinarily cannot deviate or alter its course or select another destination.