Case Digest: People v. Exala, G.R. No. 76005, April 23, 1993

       Unreasonable Search and Seizures; Waiver | Constitutional Law


Facts:

On November 2, 1982, at around 8:15 pm, a private jeep was stopped at a police checkpoint in Cavite City for a routine inspection regarding unlicensed firearms and other prohibited items. The driver, Restituto B. Bocalan, was asked if there were firearms inside the vehicle. The occupants answered no. A police officer inspected the vehicle using a flashlight and saw a black leather bag measuring one foot wide and two feet long, with bulging sides. When the police officer asked what was inside, there was no answer. 

The bag was opened and found to contain more than two kilos of marijuana. Bocalan and two others were charged for violating Section 4, Article II of Republic Act No. 6425, also known as "The Dangerous Drugs Act of 1972."


Issue:

WoN  the trial court erred in admitting the bag as evidence against him since it was obtained through a warrantless search.


Ruling:

There are indeed instances where search and seizure can be effected without necessarily being preceded by an arrest. An illustration would be the "stop-and-search" without a warrant at military or police checkpoints, the constitutionality of which has already been upheld by this Court. Vehicles are generally allowed to pass through these checkpoints after a routine inspection and answering a few questions. If vehicles are stopped and extensively searched it is because of some probable cause which justifies a reasonable belief of those manning the checkpoints that either the motorist is a law-offender or the contents of the vehicle are or have been instruments in the commission of an offense. However, lest it be misunderstood, this doctrine is not intended to do away with the general rule that no person shall be subjected to search of his person, personal effects and belongings, or his residence except by virtue of a search warrant or on the occasion of a lawful arrest. The case before Us is an incident to or an offshoot of a lawful "stop-and-search" at a military or police checkpoint.

Their submissive stance after the discovery of the bag of marijuana, as well as the absence of any protest on their part when arrested, not only casts serious doubt on their professed innocence but also confirms their acquiescence to the search. Clearly then, there was waiver of the right against unreasonable search and seizure. In one case We held — ". . . When one voluntarily submits to a search or consents to have it made of his person or premises, he is precluded from later complaining thereof (Cooley, Constitutional Limitations, 8th Ed., Vol. I, p. 361). The right to be secure from unreasonable search and seizure may, like every right, be waived and such waiver may be made either expressly or impliedly."


Recit Version

Facts:

A private jeep was stopped at a police checkpoint in Cavite City for a routine inspection regarding unlicensed firearms and other prohibited items. The police officer saw a black leather bag measuring one foot wide and two feet long with bulging sides. When the police officer asked what was inside, there was no answer. The bag was opened and found to contain more than two kilos of marijuana. Bocalan and two others were charged for violating Section 4, Article II of Republic Act No. 6425.

Issue:

WoN the trial court erred in admitting the bag as evidence against him since it was obtained through a warrantless search.

Ruling:

In certain instances, search and seizure can be conducted without an arrest, such as in the case of stop-and-search without a warrant at military or police checkpoints, which has been deemed constitutional. However, this does not override the general rule that searches of persons, belongings, or residences must be authorized by a search warrant or lawful arrest.

The accused's submissive stance after the discovery of the bag of marijuana and their absence of protest when arrested confirm their acquiescence to the search, thereby waiving their right against unreasonable search and seizure.


Popular posts from this blog

Election Laws: Requirements Before Election

REQUIREMENTS BEFORE ELECTION A. Registration Registration of Voters The right of a citizen to vote is necessarily conditioned upon certain procedural requirements he must undergo, among others, the process of registration. Registration regulates the exercise of the right of suffrage .  It is not a qualification for such right.  R.A. No. 8189, the Voter's Registration Act of 1996 (approved June 11, 1996) : Sec. 2. Declaration of Policy. It is the policy of the State to systematize the present method of registration in order to establish a clean, complete, permanent and updated list of voters. Sec. 3. Definition of Terms. – As used in this Act: Registration refers to the act of accomplishing and filing of a sworn application for registration by a qualified voter before the election officer of the city or municipality wherein he resides and including the same in the book of registered voters upon approval by the Election Registration Board; Registration Record refers to an ...
Read more

Case Digest: Manila Prince Hotel v. GSIS, GR. No. 122156, February 3, 1997

Political Law Review | Self-executing Provisions, Doctrine of Constitutional Supremacy The GSIS decided to privatize the Manila Hotel by selling 51% of its shares to a qualified bidder through public bidding. In the bidding, the Manila Prince Hotel Corporation (MPHC) offered ₱41.58 per share, which was ₱0.58 higher than the ₱41.00 per share offered by a Malaysian firm, Renong Berhad. Despite MPHC being a Filipino-owned corporation and having a higher bid, the GSIS awarded the sale to the Malaysian firm, citing that MPHC failed to match the terms of payment required. MPHC filed a petition, invoking Section 10, second paragraph, Article XII of the 1987 Constitution, which states: “ In the grant of rights, privileges, and concessions covering the national economy and patrimony, the State shall give preference to qualified Filipinos .” MPHC argued that the provision is self-executing and GSIS was bound to apply it without need for an enabling law. Whether Section 10, Article XII of the 19...
Read more

Equality and Human Rights: The United Nations and Human Rights System (September 16, 2023)

Sovereign Equality of States/Principle of sovereign equality UN Charter of 1945 All states are equal before international law no matter the size of their territory, population, economy or military. All states have equal rights and duties under international law, and that no state has the right to interfere in the internal affairs of another state. Positive Consequences: All states have a voice in international affairs .   All states have the opportunity to participate in international organizations and to negotiate and conclude treaties. This helps to ensure that the interests of all states are represented in the development of international law and policy. No state has the right to interfere in the internal affairs of another state.  This helps to protect the sovereignty of all states and to prevent the use of force or coercion to achieve political objectives. States have the right to develop their own political, economic, and social systems without interference from othe...
Read more