POSADAS VS. COURT OF APPEALS [188 SCRA 288; G.R. NO.

89139; 2 AUG 1990]

Facts: Members of the Integrated National Police (INP) of the Davao Metrodiscom assigned with the
Intelligence Task Force, Pat. rsicio ngab and Pat. mbra m!ar cond"cted s"rveillance along
Magallanes #treet, Davao $it%. &hile in the vicinit% of 'i(al Memorial $olleges the% s!otted !etitioner
carr%ing a )b"ri) bag and the% noticed him to be acting s"s!icio"sl%. The% a!!roached the !etitioner and
identified themselves as members of the INP. Petitioner attem!ted to flee b"t his attem!t to get awa% was
"ns"ccessf"l. The% then checked the )b"ri) bag of the !etitioner where the% fo"nd one (*) caliber .+, #mith
- &esson revolver with #erial No. ../*01, two (2) ro"nds of live amm"nition for a .+, caliber g"n, a smoke
(tear gas) grenade, and two (2) live amm"nitions for a .22 caliber g"n. The% bro"ght the !etitioner to the
!olice station for f"rther investigation. In the co"rse of the same, the !etitioner was asked to show the
necessar% license or a"thorit% to !ossess firearms and amm"nitions fo"nd in his !ossession b"t he failed
to do so. 3e was then taken to the Davao Metrodiscom office and the !rohibited articles recovered from
him were indorsed to M4#gt. Dido% the officer then on d"t%. 3e was !rosec"ted for illegal !ossession of
firearms and amm"nitions in the 'egional Trial $o"rt of Davao $it%.
ss!": &hether or Not the warantless search is valid.
#"$%: In 5"stif%ing the warrantless search of the b"ri bag then carried b% the !etitioner, arg"es that "nder
#ection *2, '"le *+1 of the '"les of $o"rt a !erson lawf"ll% arrested ma% be searched for dangero"s
wea!ons or an%thing "sed as !roof of a commission of an offense witho"t a search warrant. It is f"rther
alleged that the arrest witho"t a warrant of the !etitioner was lawf"l "nder the circ"mstances.
In the case at bar, there is no 6"estion that, indeed, it is reasonable considering that it was effected on the
basis of a !robable ca"se. The !robable ca"se is that when the !etitioner acted s"s!icio"sl% and attem!ted
to flee with the b"ri bag there was a !robable ca"se that he was concealing something illegal in the bag
and it was the right and d"t% of the !olice officers to ins!ect the same.
It is too m"ch indeed to re6"ire the !olice officers to search the bag in the !ossession of the !etitioner onl%
after the% shall have obtained a search warrant for the !"r!ose. #"ch an e7ercise ma% !rove to be "seless,
f"tile and m"ch too late.
$learl%, the search in the case at bar can be s"stained "nder the e7ce!tions heretofore disc"ssed, and
hence, the constit"tional g"arantee against "nreasonable searches and sei("res has not been violated.