Case No.

753

PEOPLE v. BALINGAN
G.R. No. 105834
February, 13, 1995

FACTS OF THE CASE

On August 1988, the Narcotics Division of the Baguio City police received a telephone call from an
unnamed male informant, alleging that petitioner Balingan is going to Manila with a bag full of
marijuana. Acting on such information, police officer Obrera conducted surveillance of petitioner in
different places, such as her house and at bus stations around the city. Upon receiving information that
petitioner boarded a Dangwa Bus, Obrera immediately went to the terminal to confirm the said report. He
boarded the bus and saw petitioner carrying a gray maleta. A prior checkpoint along Kennon Road was
set-up by the police in order to apprehend petitioner. Upon arrival at the checkpoint, the bus stopped and
yielded to the police officers. Obrera announced a routine check on petitioner, but petitioner did not
respond. The police officers then grabbed the bag in the overhead compartment of petitioner Balingan and
opened it. Just as they suspected, they found approximately 3 kilos of marijuana.

The police officers then requested Balingan to go with them to the police station. However, the petitioner
resisted and bit one of the police officers. Eventually, after thirty minutes, they were able to pull Balingan
out of the bus and brought her to the Baguio City Police Station and locked her up in jail.

The marijuana confiscated were then submitted to the PNP Crime Laboratory for a confirmatory test on
the said prohibited drugs. The test yielded a positive result. Petitioner alleged that she is innocent and that
the gray bag is not hers. Notwithstanding petitioners protestations, the trial court found her guilty of the
crime of illegal transportation of prohibited drugs and was charged with a penalty of life imprisonment.

ISSUE

Whether or not there was sufficient probable cause for the police officers to believe that she was then and
there committing a crime so as to justify the warrantless search and seizure of the bag

HELD/RATIO

Yes.
The search and seizure in the case at bench happened in a moving, public vehicle. The warrantless search
does not lack probable cause, as it was the product of the surveillance activities conducted by the
Narcotics Division of the Baguio City Police, revealing the petitioner as the person that would be bringing
the said prohibited drug to Manila via bus. As the court ruled, When the moving, public bus was
stopped, her bag, upon inspection, yielded marijuana. Under those circumstances, the warrantless search
of appellant's bag was not illegal.

CONVICTION OF APPELLANT AFFIRMED IN TOTO.

Prepared by: Antonio Dominic G. Salvador