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and
THE PEOPLE OF THE PHILIPPINES
G.R. No. 89139
August 2, 1990
FACTS:
While conducting a surveillance along Magallanes Street, Davao City
on October 16, 1986, Pat. Ursicio Ungab and Pat. Umbre Umpar, both
members of the Integrated National Police (INP) of the Davao Metrodiscom,
assigned to Intelligence Task Force, spotted petitioner acting suspiciously and
carrying a buri bag. The two approached the petitioner and identified
themselves as members of INP. Petitioner attempted to flee but was thwarted
by the two notwithstanding of his resistance.
Upon searching the buri bag carried by the petitioner, the following
items were found: one (1) caliber .38 Smith & Wesson revolver with Serial No.
770196, two (2) rounds of ammunition for .38 caliber gun, a smoke (tear gas)
grenade, and two (2) live ammunitions for a .22 caliber gun. An information
for Illegal Possession of Firearms and Ammunitions was filed before the
Regional Trial Court of Davao City, which found the petitioner guilty.
ISSUE:
1.) Whether or not, the items which were confiscated from the
possession of the petitioner are inadmissible in evidence against him, there
being no lawful arrest and seizure.
RULING:
Petition denied. Under Section 5, of Rule 113 of the 1985 Rules on
Criminal Procedure, it is clear that an arrest without a warrant may be
effected by a peace officer or private person, among others, when in his
presence the person to be arrested has committed, is actually committing, or
is attempting to commit an offense; or when an offense has in fact just been
committed, and he has personal knowledge of the facts indicating that the
person arrested has committed it.
Not all searches and seizures are prohibited. Those which are
reasonable are not forbidden. A reasonable search is not to be determined by
any fixed formula but is to be resolved according to the facts of each case.
Between the inherent right of the state to protect its existence and promote
public welfare and an individual's right against a warrantless search which is
however reasonably conducted, the former should prevail.
Thus, as between a warrantless search and seizure conducted at
military or police checkpoints and the search thereat in the case at bar, there
is no question that, indeed, the latter is more reasonable considering that
unlike in the former, it was effected on the basis of a probable cause. The
probable cause is that when the petitioner acted suspiciously and attempted
to flee with the buri bag there was a probable cause that he was concealing
something illegal in the bag and it was the right and duty of the police
officers to inspect the same.
It is too much indeed to require the police officers to search the bag in
the possession of the petitioner only after they shall have obtained a search
warrant for the purpose. Such an exercise may prove to be useless, futile and
much too late. Hence, the constitutional guarantee against unreasonable
searches and seizure has not been violated.
separate from the criminal liability that might be imposed against the
indicted importer or possessor and both kinds of penalties may be imposed.
Citing the case of Papa vs. Mago, the court enunciated the doctrine
that except in the case of the search of a dwelling house, persons exercising
police authority under the customs law may effect search and seizure without
a search warrant in the enforcement of customs laws. The rationale of the
Mago ruling was nurtured by the traditional doctrine in Carroll v. United
States wherein an imprimatur against constitutional infirmity was stamped in
favor of a warrantless search and seizure of such nature as in the case at bar.
Under the Carroll doctrine, searches and seizures without warrant are valid if
made upon probable cause, that is, upon a belief reasonably arising out of
circumstances known to the seizing officer, that an automobile or other
vehicle contains that which by law is subject to seizure and destruction.
On this stable foundation We refute the constitutional charge of
respondents that the warrantless seizure violated Article IV, Section 3 of the
1973 Constitution, which finds origin in the Fourth Amendment of the
American Constitution.
The purpose of the constitutional guarantee against unreasonable
searches and seizures is to prevent violations of private security in person
and property and unlawful invasion of the sanctity of the home by officers of
the law acting under legislative or judicial sanction and to give remedy
against such usurpation when attempted.
The right to privacy is an essential condition to the dignity and
happiness and to the peace and security of every individual, whether it be of
home or of persons and correspondence. 15 The constitutional inviolability of
this great fundamental right against unreasonable searches and seizures
must be deemed absolute as nothing is more closer to a man's soul than the
serenity of his privacy and the assurance of his personal security. Any
interference allowable can only be for the best of causes and reasons.
Petition granted.
RULING
in
ISSUES:
1.) Whether or not the mere fact of physical or constructive possession
sufficient to convict a person for unlawful possession of firearms or must
there be intent to possess to constitute a violation of the law?
2.) Whether or not there was valid search and seizure in this case?
RULING:
The rule is that ownership is not an essential element of illegal
possession of firearms and ammunition. What the law requires is merely
possession which includes not only actual physical possession but also
constructive possession or the subjection of the thing to one's control and
management. This has to be so if the manifest intent of the law is to be
effective. The same evils, the same perils to public security, which the law
penalizes, exist whether the unlicensed holder of a prohibited weapon be its