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*
RODEL LUZ y ONG, petitioner, vs. PEOPLE OF THE
PHILIPPINES,1respondent.
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*SECONDDIVISION.
1 The Petition was originally captioned as Rodel Luz y Ong v. Hon. Court of Appeals,
Hon.PresidingJudge,RegionalTrialCourt,Branch21,NagaCity.However,underSection
4,Rule45oftheRulesofCourt,thepetitionmuststatethefullnameoftheappealingpartyas
the petitioner and the adverse party as respondent, without impleading the lower courts or
judgesthereofeitheraspetitionersorrespondents.
422
422 SUPREMECOURTREPORTSANNOTATED
Luizvs.People
periodsofixedinthereceiptshallnotbeextended,andshallbecomeinvalid
thereafter.Failureofthedrivertosettlehiscasewithinfifteendaysfromthe
date of apprehension will be a ground for the suspension and/or revocation
ofhislicense.
Same Same Same Same Procedure Being Observed in Flagging
Down Vehicles During the Conduct of Checkpoints.The Philippine
National Police (PNP) Operations Manualprovides the following procedure
forflaggingdownvehiclesduringtheconductofcheckpoints:SECTION7.
Procedure in Flagging Down or Accosting Vehicles While in Mobile Car.
This rule is a general concept and will not apply in hot pursuit operations.
Themobilecarcrewshallundertakethefollowing,whenapplicable:xxxm.
If it concerns traffic violations, immediately issue a Traffic Citation Ticket
(TCT) or Traffic Violation Report (TVR). Never indulge in prolonged,
unnecessaryconversationorargumentwiththedriveroranyofthevehicles
occupants.
Same Same Same Same Custodial Interrogation The roadside
questioning of a motorist does not fall under custodial interrogation, nor
canitbeconsideredaformalarrest.InBerkemerv.McCarty, the United
States (U.S.) Supreme Court discussed at length whether the roadside
questioning of a motorist detained pursuant to a routine traffic stop should
beconsideredcustodialinterrogation.TheCourtheldthat,suchquestioning
doesnotfallundercustodialinterrogation,norcanitbeconsideredaformal
arrest, by virtue of the nature of the questioning, the expectations of the
motoristandtheofficer,andthelengthoftimetheprocedureisconducted.
SameSameSameSameAtthetimeapersonisarrested,itshallbe
the duty of the arresting officer to inform the latter of the reason for the
arrestandmustshowthatpersonthewarrantofarrest,ifany.ThisCourt
has held that at the time a person is arrested, it shall be the duty of the
arresting officer to inform the latter of the reason for the arrest and must
showthatpersonthewarrantofarrest,ifany.Personsshallbeinformedof
their constitutional rights to remain silent and to counsel, and that any
statementtheymightmakecouldbeusedagainstthem.Itmayalsobenoted
thatinthiscase,theseconstitutionalrequirementswerecompliedwithbythe
policeofficersonlyafter petitioner had been arrested for illegal possession
ofdangerousdrugs.
423
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Luizvs.People
424
424 SUPREMECOURTREPORTSANNOTATED
Luizvs.People
ofcoercivepoliceprocedures(6)thedefendantsbeliefthatnoincriminating
evidence would be found (7) the nature of the police questioning (8) the
environment in which the questioning took place and (9) the possibly
vulnerable subjective state of the person consenting. It is the State that has
the burden of proving, by clear and positive testimony, that the necessary
consentwasobtained,andwasfreelyandvoluntarilygiven.Inthiscase,all
thatwasallegedwasthatpetitionerwasaloneatthepolicestationatthreein
the morning, accompanied by several police officers. These circumstances
weighheavilyagainstafindingofvalidconsenttoawarrantlesssearch.
SameSameSameSameStopandFriskThestopandfriskismerely
alimitedprotectivesearchofouterclothingforweapons.Neitherdoesthe
search qualify under the stop and frisk rule. While the rule normally
applieswhenapoliceofficerobservessuspiciousorunusualconduct,which
mayleadhimtobelievethatacriminalactmaybeafoot,thestopandfriskis
merelyalimitedprotectivesearchofouterclothingforweapons.
SameSameSameSameWarrantlessSearchesInKnowlesv.Iowa,
525U.S.113(1998),theU.S.SupremeCourtheldthatwhenapoliceofficer
stopsapersonforspeedingandcorrespondinglyissuesacitationinsteadof
arrestingthelatter,thisproceduredoesnotauthorizetheofficertoconduct
afullsearchofthecar.InKnowlesv.Iowa,the U.S. Supreme Court held
that when a police officer stops a person for speeding and correspondingly
issues a citation instead of arresting the latter, this procedure does not
authorize the officer to conduct a full search of the car. The Court therein
held that there was no justification for a fullblown search when the officer
does not arrest the motorist. Instead, police officers may only conduct
minimal intrusions, such as ordering the motorist to alight from the car or
doingapatdown.
SameSameSameSameTheConstitutionguaranteestherightofthe
people to be secure in their persons, houses, papers and effects against
unreasonablesearchesandseizures.TheConstitutionguaranteestheright
ofthepeopletobesecureintheirpersons,houses,papersandeffectsagainst
unreasonable searches and seizures.Any evidence obtained in violation of
saidrightshallbeinadmissibleforanypurposeinanyproceeding.Whilethe
powerto
425
VOL.667,FEBRUARY29,2012 425
Luizvs.People
searchandseizemayattimesbenecessarytothepublicwelfare,stillitmust
beexercisedandthelawimplementedwithoutcontraveningtheconstitutional
rights of citizens, for the enforcement of no statute is of sufficient
importancetojustifyindifferencetothebasicprinciplesofgovernment.
PETITIONforreviewoncertiorariofthedecisionandresolutionof
theCourtofAppeals.
ThefactsarestatedintheopinionoftheCourt.
RodolfoR.Ranionforpetitioner.
OfficeoftheSolicitorGeneralforrespondent.
SERENO,J.:
ThisisaPetitionforReviewonCertiorariunderRule45seeking
tosetasidetheCourtofAppeals(CA)DecisioninCAG.R.CRNo.
32516dated18February20112andResolutiondated8July2011.
StatementoftheFactsandoftheCase
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2Penned by Associate Justice Ricardo R. Rosario and concurred in by Associate Justices
HakimS.AbdulwahidandSamuelH.Gaerlan.
426
426 SUPREMECOURTREPORTSANNOTATED
Luizvs.People
of the said substation that while he and SPO1 Rayford Brillante were
issuingacitationticketforviolationofmunicipalordinance,henoticedthat
the accused was uneasy and kept on getting something from his jacket that
he was alerted and so, he told the accused to take out the contents of the
pocket of his jacket as the latter may have a weapon inside it that the
accused obliged and slowly put out the contents of the pocket of his jacket
which was a nickellike tin or metal container about two (2) to three (3)
inchesinsize,includingtwo(2)cellphones,one(1)pairofscissorsandone
(1)Swissknifethatuponseeingthesaidcontainer,heaskedtheaccusedto
open it that after the accused opened the container, he noticed a cartoon
cover and something beneath it and that upon his instruction, the accused
spilled out the contents of the container on the table which turned out to be
four(4)plasticsachets,thetwo(2)ofwhichwereemptywhiletheothertwo
(2)containedsuspectedshabu.3
Arraignedon2July2003,petitioner,assistedbycounsel,entered
a plea of Not guilty to the charge of illegal possession of
dangerous drugs. Pretrial was terminated on 24 September 2003,
afterwhich,trialensued.
During trial, Police Officer 3 (PO3) Emmanuel Alteza and a
forensic chemist testified for the prosecution. On the other hand,
petitionertestifiedforhimselfandraisedthedefenseofplantingof
evidenceandextortion.
Inits19February2009Decision,4theRTCconvictedpetitioner
of illegal possession of dangerous drugs5 committed on 10 March
2003. It found the prosecution evidence sufficient to show that he
hadbeenlawfullyarrestedforatrafficviolationandthensubjected
to a valid search, which led to the discovery on his person of two
plasticsachetslaterfoundtocontainshabu.TheRTCalsofoundhis
defenseofframeupandextor
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3Rollo,p.91.
4DocketedasCriminalCaseNo.RTC20030087Rollo,pp.90102.
5SeeSection11,RepublicActNo.(R.A.)9165,ortheComprehensiveDangerous
DrugsActof2002.
427
VOL.667,FEBRUARY29,2012 427
Luizvs.People
Uponreview,theCAaffirmedtheRTCsDecision.
On12September2011,petitionerfiledunderRule45theinstant
Petition for Review on Certiorari dated 1 September 2011. In a
Resolutiondated12October2011,thisCourtrequiredrespondentto
fileacommentonthePetition.On4January2012,thelatterfiledits
Commentdated3January2012.
PetitionerraisedthefollowinggroundsinsupportofhisPetition:
(i)THESEARCHANDSEIZUREOFTHEALLEGEDSUBJECTSHABU
ISINVALID.
(ii)THE PRESUMPTION OF REGULARITY IN THE PERFORMANCE
OFDUTYOFTHEPOLICEOFFICERCANNOTBERELIEDUPON
INTHISCASE.
(iii)THEINTEGRITYANDEVIDENTIARYVALUEOFTHEALLEGED
SUBJECTSPECIMENHASBEENCOMPROMISED.
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6Rollo,p.101.
428
428 SUPREMECOURTREPORTSANNOTATED
Luizvs.People
(iv)THEGUILTOFTHEACCUSEDPETITIONERWASNOTPROVEN
BEYONDTHEREASONABLEDOUBT(sic).7
Itisbeyonddisputethattheaccusedwasflaggeddownandapprehended
in this case by Police Officers Alteza and Brillante for violation of City
Ordinance No. 98012, an ordinance requiring the use of crash helmet by
motorcycle drivers and riders thereon in the City of Naga and prescribing
penaltiesforviolationthereof.Theaccusedhimselfadmittedthathewasnot
wearing a helmet at the time when he was flagged down by the said police
officers, albeit he had a helmet in his possession. Obviously, there is legal
basis on the part of the apprehending officers to flag down and arrest the
accusedbecausethelatterwasactuallycommittingacrimeintheirpresence,
that is, a violation of City Ordinance No. 98012. In other words, the
accused, being caught in flagrante delicto violating the said Ordinance, he
couldthereforebelawfullystoppedorarrestedbytheapprehendingofficers.
xxx.8
WefindthePetitiontobeimpressedwithmerit,butnotforthe
particular reasons alleged. In criminal cases, an appeal throws the
entire case wide open for review and the reviewing tribunal can
correcterrors,thoughunassignedintheappealedjudgment,oreven
reversethetrialcourtsdecision
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7Rollo,p.23.
8Id.,atp.96.
429
VOL.667,FEBRUARY29,2012 429
Luizvs.People
basedongroundsotherthanthosethatthepartiesraisedaserrors.9
First, there was no valid arrest of petitioner. When he was
flagged down for committing a traffic violation, he was not, ipso
factoandsolelyforthisreason,arrested.
Arrest is the taking of a person into custody in order that he or
shemaybeboundtoanswerforthecommissionofanoffense.10Itis
effectedbyanactualrestraintofthepersontobearrestedorbythat
personsvoluntarysubmissiontothecustodyoftheonemakingthe
arrest. Neither the application of actual force, manual touching of
thebody,orphysicalrestraint,noraformaldeclarationofarrest,is
required.Itisenoughthattherebeanintentiononthepartofoneof
thepartiestoarresttheother,andthattherebeanintentonthepart
of the other to submit, under the belief and impression that
submissionisnecessary.11
Under R.A. 4136, or the Land Transportation and Traffic Code,
the general procedure for dealing with a traffic violation is not the
arrestoftheoffender,buttheconfiscationofthedriverslicenseof
thelatter:
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9Peoplev.Saludes,452Phil.719,728403SCRA590,597598(2003).
10RC,Rule113,Sec.1.
11Peoplev.Milado,462Phil.411417SCRA16(2003).
430
430 SUPREMECOURTREPORTSANNOTATED
Luizvs.People
SECTION7.ProcedureinFlaggingDownorAccostingVehiclesWhilein
Mobile Car. This rule is a general concept and will not apply in hot pursuit
operations.Themobilecarcrewshallundertakethefollowing,whenapplicable:
xxx
m.If it concerns traffic violations, immediately issue a Traffic Citation Ticket
(TCT) or Traffic Violation Report (TVR). Never indulge in prolonged,
unnecessaryconversationorargumentwiththedriveroranyofthevehicles
occupants
At the time that he was waiting for PO3 Alteza to write his
citation ticket, petitioner could not be said to have been under
arrest. There was no intention on the part of PO3 Alteza to arrest
him,deprivehimofhisliberty,ortakehimintocustody.Priortothe
issuanceoftheticket,theperiodduringwhichpetitionerwasatthe
policestationmaybecharacterizedmerelyaswaitingtime.Infact,
asfoundbythetrialcourt,PO3Altezahimselftestifiedthattheonly
reason they went to the police substation was that petitioner had
been flagged down almost in front of that place. Hence, it was
onlyforthesakeofconveniencethattheywerewaitingthere.There
wasnointentiontotakepetitionerintocustody.
In Berkemer v. McCarty,13 the United States (U.S.) Supreme
Court discussed at length whether the roadside questioning of a
motorist detained pursuant to a routine traffic stop should be
considered custodial interrogation. The Court held that, such
questioningdoesnotfallundercustodialinterrogation,norcanitbe
consideredaformalarrest,byvirtueofthenatureofthequestioning,
theexpectationsofthemo
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12PNPMDODS31datedMarch2010.
13468U.S.420(1984).
431
VOL.667,FEBRUARY29,2012 431
Luizvs.People
torist and the officer, and the length of time the procedure is
conducted.Itruledasfollows:
432
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Luizvs.People
Inbothoftheserespects,theusualtrafficstopismoreanalogoustoa
socalled Terry stop, see Terry v. Ohio, 392 U. S. 1 (1968), than to a
formal arrest. x x x The comparatively nonthreatening character of
detentionsofthissortexplainstheabsenceofanysuggestioninouropinions
that Terry stops are subject to the dictates of Miranda. The similarly
noncoerciveaspectofordinarytrafficstopspromptsustoholdthatpersons
temporarily detained pursuant to such stops are not in custody for the
purposesofMiranda.
xxxxxxxxx
Weareconfidentthatthestateofaffairsprojectedbyrespondentwillnot
cometopass.ItissettledthatthesafeguardsprescribedbyMirandabecome
applicableassoonasasuspectsfreedomofactioniscurtailedtoadegree
associated with formal arrest. California v. Beheler, 463 U.S. 1121, 1125
(1983) (per curiam). If a motorist who has been detained pursuant to a
trafficstopthereafterissubjectedtotreatmentthatrendershimincustody
forpractical purposes, he will be entitled to the full panoply of protections
prescribedbyMiranda.SeeOregonv.Mathiason,429U.S.492,495(1977)
(percuriam).(Emphasissupplied.)
The U.S. Court in Berkemer thus ruled that, since the motorist
therein was only subjected to modest questions while still at the
scene of the traffic stop, he was not at that moment placed under
custody (such that he should have been apprised of his Miranda
rights),andneithercantreatmentofthissortbefairlycharacterized
asthefunctionalequivalentofaformalarrest.Similarly,neithercan
petitioner here be considered under arrest at the time that his
trafficcitationwasbeingmade.
It also appears that, according to City Ordinance No. 98012,
whichwasviolatedbypetitioner,thefailuretowearacrashhelmet
while riding a motorcycle is penalized by a fine only. Under the
Rules of Court, a warrant of arrest need not be issued if the
information or charge was filed for an offense penalized by a fine
only. It may be stated as a corollary that neither can a warrantless
arrestbemadeforsuchanoffense.
433
VOL.667,FEBRUARY29,2012 433
Luizvs.People
Thisrulingdoesnotimplythattherecanbenoarrestforatraffic
violation.Certainly,whenthereisanintentonthepartofthepolice
officer to deprive the motorist of liberty, or to take the latter into
custody,theformermaybedeemedtohavearrestedthemotorist.In
thiscase,however,theofficersissuance(orintenttoissue)atraffic
citation ticket negates the possibility of an arrest for the same
violation.
Even if one were to work under the assumption that
petitionerwasdeemedarresteduponbeingflaggeddownfora
traffic violation and while awaiting the issuance of his ticket,
thentherequirementsforavalidarrestwerenotcompliedwith.
ThisCourthasheldthatatthetimeapersonisarrested,itshall
bethedutyofthearrestingofficertoinformthelatterofthereason
forthearrestandmustshowthatpersonthewarrantofarrest,ifany.
Persons shall be informed of their constitutional rights to remain
silentandtocounsel,andthatanystatementtheymightmakecould
beusedagainstthem.14Itmayalsobenotedthatinthiscase,these
constitutional requirements were complied with by the police
officersonlyafterpetitionerhadbeenarrestedforillegalpossession
ofdangerousdrugs.
In Berkemer, the U.S. Court also noted that the Miranda
warningsmustalsobegiventoapersonapprehendedduetoatraffic
violation:
ThepurposesofthesafeguardsprescribedbyMirandaaretoensurethat
the police do not coerce or trick captive suspects into confessing, to relieve
the inherently compelling pressures generated by the custodial setting
itself, which work to undermine the individuals will to resist, and as
muchaspossibletofreecourtsfromthetaskofscrutinizingindividualcases
to try to determine, after the fact, whether particular confessions were
voluntary.Thosepurposesareimplicatedasmuchbyincustodyquestioning
ofper
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14Morales,Jr.v.Enrile,206Phil.466121SCRA538(1983).
434
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15Peoplev.Bolasa,378Phil.1073,10781079321SCRA459,464465(1999).
16SeePeoplev.Macalaba,443Phil.565395SCRA461(2003).
17Caballesv.CourtofAppeals,424Phil.263373SCRA221(2002).
435
VOL.667,FEBRUARY29,2012 435
Luizvs.People
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18RTCDecision,Rollo,p.91.
19Caballesv.CourtofAppeals,424Phil.263373SCRA221(2002).
20Peoplev.SyChua,444Phil.757396SCRA657(2003).
436
436 SUPREMECOURTREPORTSANNOTATED
Luizvs.People
InKnowlesv.Iowa,21theU.S.SupremeCourtheldthatwhena
policeofficerstopsapersonforspeedingandcorrespondinglyissues
a citation instead of arresting the latter, this procedure does not
authorize the officer to conduct a full search of the car. The Court
therein held that there was no justification for a fullblown search
whentheofficerdoesnotarrestthemotorist.Instead,policeofficers
mayonlyconductminimalintrusions,suchasorderingthemotorist
toalightfromthecarordoingapatdown:
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21525U.S.113(1998).
437
VOL.667,FEBRUARY29,2012 437
Luizvs.People
minimaladditionalintrusionoforderingadriverandpassengersout
of the car, it does not by itself justify the often considerably greater
intrusion attending a full fieldtype search. Even without the search
authority Iowa urges, officers have other, independent bases to search for
weapons and protect themselves from danger. For example, they may order
outofavehicleboththedriver,Mimms,supra,at111,andanypassengers,
Wilson,supra,at414performapatdownofadriverandanypassengers
upon reasonable suspicion that they may be armed and dangerous, Terry v.
Ohio, 392 U.S. 1 (1968) conduct a Terry patdown of the passenger
compartment of a vehicle upon reasonable suspicion that an occupant is
dangerousandmaygainimmediatecontrolofaweapon,Michigan v. Long,
463U.S.1032,1049(1983)andevenconductafullsearchofthepassenger
compartment,includinganycontainerstherein,pursuanttoacustodialarrest,
NewYorkv.Belton,453U.S.454,460(1981).
Norhas Iowa shown the second justification for the authority to search
incident to arrestthe need to discover and preserve evidence. Once
Knowles was stopped for speeding and issued a citation, all the evidence
necessarytoprosecutethatoffensehadbeenobtained.Nofurtherevidenceof
excessive speed was going to be found either on the person of the offender
orinthepassengercompartmentofthecar.(Emphasissupplied.)
Theforegoingconsidered,petitionermustbeacquitted.Whilehe
mayhavefailedtoobjecttotheillegalityofhisarrestattheearliest
opportunity, a waiver of an illegal warrantless arrest does not,
however, mean a waiver of the inadmissibility of evidence seized
duringtheillegalwarrantlessarrest.22
TheConstitutionguaranteestherightofthepeopletobesecure
in their persons, houses, papers and effects against unreasonable
searchesandseizures.23Anyevidenceobtainedinviolationofsaid
rightshallbeinadmissibleforanypurposeinanyproceeding.While
thepowertosearchandseizemay
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22Peoplev.Lapitaje,445Phil.729397SCRA674(2003).
231987Const.,Art.III,Sec.2.
438
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Luizvs.People
attimesbenecessarytothepublicwelfare,stillitmustbeexercised
and the law implemented without contravening the constitutional
rights of citizens, for the enforcement of no statute is of sufficient
importance to justify indifference to the basic principles of
government.24
The subject items seized during the illegal arrest are
inadmissible.25Thedrugsaretheverycorpusdelictiofthecrimeof
illegal possession of dangerous drugs. Thus, their inadmissibility
precludesconvictionandcallsfortheacquittaloftheaccused.26
WHEREFORE, the Petition is GRANTED. The 18 February
2011 Decision of the Court of Appeals in CAG.R. CR No. 32516
affirmingthejudgmentofconvictiondated19February2009ofthe
RegionalTrialCourt,5thJudicialRegion,NagaCity,Branch21,in
CriminalCaseNo.RTC20030087,isherebyREVERSEDandSET
ASIDE. Petitioner Rodel Luz y Ong is hereby ACQUITTED. The
bail bond posted for his provisional liberty is CANCELLED and
RELEASED.
SOORDERED.
Carpio(Chairperson),Brion,PerezandReyes,JJ.,concur.
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24Valdezv.People,G.R.No.170180,23November2007,538SCRA611.
25Peoplev.Martinez,G.R.No.191366,13December2010,637SCRA791.
26Id.
439
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