Case Digest: People vs. Aminnudin, G.R.No. 74869, July 6, 1988

    Unreasonable Search and Seizures | Constitutional Law


Facts:

Idel Aminnudin was arrested for illegally transporting marijuana shortly after disembarking from the M/V Wilcon at about 8:30 in the evening, in Iloilo City, after the Philippine Constabulary (PC) officers who were in fact waiting for him simply accosted him, inspected his bag and finding what looked liked marijuana leaves.

The prosecution stated that they received a tip from an informer that Idel Aminnudin was carrying marijuana on a vessel bound for Iloilo City and identified him by name. Acting on this tip, police officers waited for Aminnudin to disembark from the vessel and approached him after the informer pointed to him.


Issue:

WoN Aminnudin was arrested and searched without warrant, making the marijuana allegedly found in his possession inadmissible in evidence against him.


Held:

In the case at bar, there was no warrant of arrest or search warrant issued by a judge after personal determination by him of the existence of probable cause. Contrary to the averments of the government, the accused-appellant was not caught in flagrante nor was a crime about to be committed or had just been committed to justify the warrantless arrest allowed under Rule 113 of the Rules of Court. Even expediency could not be invoked to dispense with the obtention of the warrant. The present case presented no such urgency.

In the case at bar, the accused-appellant was not, at the moment of his arrest, committing a crime nor was it shown that he was about to do so or that he had just done so. What he was doing was descending the gangplank of the M/V Wilcon 9 and there was no outward indication that called for his arrest. To all appearances, he was like any of the other passengers innocently disembarking from the vessel. It was only when the informer pointed to him as the carrier of the marijuana that he suddenly became suspect and so subject to apprehension. It was the furtive finger that triggered his arrest. The Identification by the informer was the probable cause as determined by the officers (and not a judge) that authorized them to pounce upon Aminnudin and immediately arrest him.


Recit Version:

Facts:

Idel Aminnudin was arrested for illegally transporting marijuana in Iloilo City shortly after disembarking from a ship. The police officers who were waiting for him simply accosted him and inspected his bag, where they found what appeared to be marijuana leaves. The prosecution claimed that they received a tip from an informant that Aminnudin was carrying marijuana on a vessel bound for Iloilo City and identified him by name.

Issue:

WoN Aminnudin was arrested and searched without warrant, making the marijuana allegedly found in his possession inadmissible in evidence against him.

Held:

In this case, there was no warrant or search warrant issued by a judge after personal determination of probable cause. The accused was not caught in the act of committing a crime, nor was a crime about to be committed, which would justify a warrantless arrest under Rule 113 of the Rules of Court. The accused was simply disembarking from a ship and did not exhibit any outward indication that he was committing a crime. 

The only basis for his arrest was the identification made by an informant, which was not a sufficient basis for probable cause determined by a judge. The officers' determination of probable cause was not sufficient to justify a warrantless arrest.

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