EN BANC
G.R. No. 244045, June 16, 2020
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. JERRY SAPLA Y GUERRERO A.K.A. ERIC SALIBAD Y MALLARI, ACCUSED-APPELLANT.
D E C I S I O N
CAGUIOA, J.:
Can the police conduct a warrantless int1usive search of a vehicle on the sole basis of an unverified tip relayed by an anonymous informant? On this question, jurisprudence has vacillated over the years. The Court definitively settles the issue once and for all.
In threshing out this issue, it must be remembered that in criminal prosecutions, including prosecutions for violations of the law on dangerous drugs, our constitutional order does not adopt a stance of neutrality - the law is heavily in favor of the accused. By constitutional design, the accused is afforded the presumption of innocence1 - it is for the State to prove the guilt of the accused. Without the State discharging this burden, the Court is given no alternative but to acquit the accused.
Moreover, if the process of gathering evidence against the accused is tainted by a violation of the accused's right against unreasonable searches and seizures, which is a most cherished and protected right under the Bill of Rights, the evidence procured must be excluded, inevitably leading to the accused's acquittal.
Therefore, while the Court recognizes the necessity of adopting a decisive stance against the scourge of illegal drugs, the eradication of illegal drugs in our society cannot be achieved by subverting the people's constitutional right against unreasonable searches and seizures. In simple terms, the Constitution does not allow the end to justify the means. Otherwise, in eradicating one societal disease, a deadlier and more sinister one is cultivated - the trampling of the people's fundamental, inalienable rights. The State's steadfastness in eliminating the drug menace must be equally matched by its determination to uphold and defend the Constitution. This Court will not sit idly by and allow the Constitution to be added to the mounting body count in the State's war on illegal drugs.
In an Information dated 14 January 2014, the appellant was charged with violation of Section 5, Article II of R.A. No. 9165. The accusatory portion of the said Information reads: ChanRoblesVirtualawlibrary"That at around 1:20 in the afternoon of January 10, 2014 at Talaca, Agbannawag, Tabuk City, Kalinga and within the jurisdiction of this Honorable Court, the said accused, did then and there, willfully, unlawfully and knowingly have in his possession, control and custody four (4) bricks of marijuana leaves, a dangerous [drug], with a total net weight of 3,9563.11[1] grams and transport in transit through a passenger [jeepney] with Plate No. AYA 270 the said marijuana without license, permit or authority from any appropriate government entity or agency.The next day, or on 15 January 2014, [accused-appellant Sapla] was committed to the Bureau of Jail Management and Penology (BJMP) at Tabuk City, Kalinga.
CONTRARY TO LAW."
Upon his arraignment on 29 January 2014, [accused-appellant Sapla] pleaded "not guilty" to the crime charged against him. In the court a quo's Pre-Trial Order dated 11 March 2014, the Prosecution and the Defense stipulated their respective legal issues to be resolved by the court a quo. Also, the Prosecution identified and marked its pieces of evidence, while the Defense made no proposals nor pre-mark[ed] any exhibits.
Trial ensued thereafter.
The Prosecution presented three (3) police officers as its witnesses, namely: 1) Police Officer (PO)2 Jim Mabiasan (hereinafter referred to as PO2 Mabiasan), an officer assigned at the 3rd Maneuver Company, Regional Public Safety Battalion (RPSB) at Tabuk City and was the seizing officer; 2) PO3 Lito Labbutan (hereinafter referred to as PO3 Labbutan), an intelligence operative of Kalinga Police Provincial Office - Provincial Anti-Illegal Drugs Special Operations Task Group (KPPO PAIDSOTG) who was tasked as the arresting officer; and 3) Police Senior Inspector (PSI) Delon Ngoslab (hereinafter referred to as PSI Ngoslab), deputy company commander of the RPSB and team leader of the joint checkpoint operation.
The evidence for the Prosecution established that on 10 January 2014, at around 11:30 in the morning, an officer on duty at the RPSB office received a phone call from a concerned citizen, who informed the said office that a certain male individual [would] be transpiring marijuana from Kalinga and into the Province of Isabela. PO2 Mabiasan then relayed the information to their deputy commander, PSI Ngoslab, who subsequently called KPPO-PAIDSOTG for a possible joint operation. Thereafter, as a standard operating procedure in drug operations, PO3 Labbutan, an operative of KPPO-PAIDSOTG, coordinated with the Philippine Drug Enforcement Agency (PDEA). Afterwards, the chief of KPPO-PAIDSOTG, PSI Baltazar Lingbawan (hereinafter referred to as PSI Lingbawan), briefed his operatives on the said information. Later on, the said operatives of KPPO-PAIDSOTG arrived at the RPSB. PSI Ngoslab immediately organized a team and as its team leader, assigned PO2 Mabiasan as the seizing officer, PO3 Labbutan as the arresting officer, while the rest of the police officers would provide security and backup. The said officers then proceeded to the Talaca detachment.
At around 1:00 in the afternoon, the RPSB hotline received a text message which stated that the subject male person who [would] transport marijuana [was] wearing a collared white shirt with green stripes, red ball cap, and [was] carrying a blue sack on board a passenger jeepney, with plate number AYA 270 bound for Roxas, Isabela. Subsequently, a joint checkpoint was strategically organized at the Talaca command post.
The passenger jeepney then arrived at around 1:20 in the afternoon, wherein the police officers at the Talaca checkpoint flagged down the said vehicle and told its driver to park on the side of the road. Officers Labbutan and Mabiasan approached the jeepney and saw [accused-appellant Sapla] seated at the rear side of the vehicle. The police officers asked [accused-appellant Sapla] if he [was] the owner of the blue sack in front of him, which the latter answered in the affirmative. The said officers then requested [accused-appellant Sapla] to open the blue sack. After [accused-appellant Sapla] opened the sack, officers Labbutan and Mabiasan saw four (4) bricks of suspected dried marijuana leaves, wrapped in newspaper and an old calendar. PO3 Labbutan subsequently arrested [accused-appellant Sapla], informed him of the cause of his arrest and his constitutional rights in [the] Ilocano dialect. PO2 Mabiasan further searched [accused-appellant Sapla] and found one (I) LG cellular phone unit. Thereafter, PO2 Mabiasan seized the four (4) bricks of suspected dried marijuana leaves and brought [them] to their office at the Talaca detachment for proper markings.
At the RPSB's office, PO2 Mabiasan took photographs and conducted an inventory of the seized items, one (1) blue sack and four (4) bricks of suspected dried marijuana leaves, wherein the same officer placed his signature on the said items. Also, the actual conduct of inventory was witnessed by [accused-appellant Sapla], and by the following: 1) Joan K. Balneg from the Department of Justice; 2) Victor Fontanilla, an elected barangay official; and 3) Geraldine G. Dumalig, as media representative. Thereafter, PO3 Labbutan brought the said [accused-appellant Sapla] at the KPPO-PAIDSOTG Provincial Crime Laboratory Office at Camp Juan M. Duyan for further investigation.
At the said office, PO2 Mabiasan personally turned over the seized items to the investigator of the case, PO2 Alexander Oman (hereinafter referred to as PO2 Oman), for custody, safekeeping and proper disposition. Also, PSI Lingbawan wrote a letter addressed to the Provincial Chief, which requested that a chemistry examination be conducted on the seized items. The following specimens were submitted for initial laboratory examination: 1) one (1) blue sack with label J&N rice, marked "2:30PM JAN. 10, 2014 EXH. "A" PNP-TALACA and signature;" 2) one (1) brick of suspected dried marijuana leaves, which weighed 998.376 grams, marked "2:30PM JAN. 10, 2014 EXH. "A-1" PNP-TALACA and signature;" 3) one (1) brick of suspected dried marijuana leaves, which weighed 929.735 grams, marked "2:30PM JAN. 10, 2014 EXH "A-2" PNP-TALACA and signature;" 4) one (1) brick of suspected dried marijuana leaves, which weighed 1,045.629 grams, marked "2:30PM JAN. 10, 2014 EXH "A-3" PNP-TALACA and signature;" 5) one (1) brick of suspected dried marijuana leaves, which weighed 979.371 grams, marked "2:30PM JAN. 10, 2014 EXH. "A-4" PNP-TALACA and signature,"· The said initial examination revealed that the specimens "A-1" to "A-4" with a total net weight of 3,9563.111 grams, yielded positive results for the presence of marijuana, a dangerous drug. In addition, Chemistry Report No. D-003-2014 revealed that indeed the said specimens [did] contain marijuana and that the said report indicated that the "specimen[s] submitted are retained in this laboratory for future reference."
Also, further investigation revealed that [accused-appellant Sapla] tried to conceal his true identity by using a fictitious name - Eric Mallari Salibad. However, investigators were able to contact [accused-appellant Sapla's] sister, who duly informed the said investigators that [accused appellant Sapla's] real name is Jerry Guerrero Sapla.
On the other hand, the Defense presented [accused-appellant Sapla] as its sole witness.
The [accused-appellant Sapla] denied the charges against him and instead, offered a different version of the incident. He claimed that on 8 January 2014, he went to Tabuk City to visit a certain relative named Tony Sibal. Two (2) days later, [accused-appellant Sapla] boarded a jeepney, and left for Roxas, Isabela to visit his nephew. Upon reaching Talaca checkpoint, police officers f1agged down the said jeepney in order to check its passenger[s'] baggages and cargoes. The police of1icers then found marijuana inside a sack and were looking for a person who wore fatigue pants at that time. From the three (3) passengers who wore fatigue pants, the said police officers identified him as the owner of the marijuana found inside the sack. [Accused-appellant Sapla] denied ownership of the marijuana, and asserted that he had no baggage at that time. Thereafter, the police officers arrested [accused-appellant Sapla] and brought him to the Talaca barracks, wherein the sack and marijuana bricks were shown to him.7
ACCORDINGLY, in view of the foregoing, this Court finds accused JERRY SAPLA Y GUERRERO, a.k.a. ERIC SALIBAD Y MALLARI guilty beyond reasonable doubt of the crime charged and suffer the penalty of reclusion perpetua.Feeling aggrieved, accused-appellant Sapla filed an appeal before the CA.
The accused to pay the fine of Five Million (P5,000,000.00) Pesos.
The 4 bricks of dried marijuana leaves be submitted to any authorized representative of the PDEA for proper disposition.
SO ORDERED.8
WHEREFORE, the instant appeal is DENIED. The Decision dated 9 January 2017 of the Regional Trial Court of Tabuk City, Branch 25 in Criminal Case No. 11-2014-C is hereby AFFIRMED with MODIFICATIONS in that accused-appellant Jerry Sapla y Guerrero is sentenced to suffer the penalty of life imprisonment and to pay the fine of P1,000,000.00.The CA found that although the search and seizure conducted on accused-appellant Sapla was without a search warrant, the same was lawful as it was a valid warrantless search of a moving vehicle. The CA held that the essential requisite of probable cause was present, justifying the warrantless search and seizure.
SO ORDERED.9
Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.Hence, as a rule, a search and seizure operation conducted by the authorities is reasonable only when a court issues a search warrant after it has determined the existence of probable cause through the personal examination under oath or affirmation of the complainant and the witnesses presented before the court, with the place to be searched and the persons or things to be seized particularly described.
(1) warrantless search incidental to a lawful arrest;Search of a Moving Vehicle and its Non-Applicability in the Instant Case
(2) seizure of evidence in plain view;
(3) search of a moving vehicle;
(4) consented warrantless search;
(5) customs search;
(6) stop and frisk; and
(7) exigent and emergency circumstances.14
x x x a reasonable ground of suspicion supp01ied by circumstances sufficiently strong in themselves to warrant a cautious man's belief that the person accused is guilty of the offense with which he is charged; or the existence of such facts and circumstances which could lead a reasonably discreet and prudent man to believe that an offense has been committed and that the items, articles or objects sought in connection with said offense or subject to seizure and destruction by law is in the place to be searched. The required probable cause that will justify a warrantless search and seizure is not determined by a fixed formula but is resolved according to the facts of each case.28Sheer Unverified Information from an Anonymous Informant does not engender Probable Cause on the part of the Authorities that warrants an Extensive and Intrusive Search of a Moving Vehicle
A. | United States Jurisprudence on Probable Cause vis-a-vis Tipped Information |
Although an affidavit may be based on hearsay information, and need not reflect the direct personal observations of the affiant, Jones v. United States, 362 U. S. 257, the magistrate must be informed of some of the underlying circumstances from which the informant concluded that the narcotics were where he claimed they were, and some of the underlying circumstances from which the officer concluded that the informant, whose identity need not be disclosed, see Rugendorf v. United States, 376 U. S. 528, was "credible" or his information "reliable."33Subsequently, in the 1983 case of Illinois v. Gates,34 the police received an anonymous letter alleging that the respondents were engaged in selling drugs and that the car of the respondents would be loaded with drugs. Agents of the Drug Enforcement Agency searched the respondents' car, which contained marijuana and other contraband items.
B. | The Line of Philippine Jurisprudence on the Inability of a Solitary Tip to Engender Probable Cause |
This case is markedly different. The police officers here proceeded to effect a search, seizure, and arrest on the basis of a solitary tip: the radio message that a certain pickup carrying three (3) people was transporting marijuana from Pikit. When the accused's vehicle (ostensibly matching this description) reached the checkpoint, the arresting officers went ahead to initiate a search asking the driver about inspecting the vehicle. Only upon this insistence did the driver alight. It was also only upon a police officer's further prodding did he open the hood.In ruling that the sole reliance on tipped information, on its own, furnished by informants cannot produce probable cause, the Court held that "[e]xclusive reliance on information tipped by informants goes against the very nature of probable cause. A single hint hardly amounts to "the existence of such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place to be searched."70
The records do not show, whether on the basis of indubitably established facts or the prosecution's mere allegations, that the three (3) people on board the pickup were acting suspiciously, or that there were other odd circumstances that could have prompted the police officers to conduct an extensive search. Evidently, the police officers relied solely on the radio message they received when they proceeded to inspect the
vehicle.69
Without objective facts being presented here by which we can test the basis for the officers' suspicion about the block-shaped bundle contained marijuana, we should not give unquestioned acceptance and belief to such testimony. The mere subjective conclusions of the officers concerning the existence of probable cause is never binding on the court whose duty remains to "independently scrutinize the objective facts to determine the existence of probable cause," for, indeed, "the courts have never hesitated to overrule an officer's determination of probable cause when none exists."But SPO2 Felizarte also claimed that it was about then when the accused-appellant panicked and tried to get down from the van, impelling him and PO1 Rosales to restrain her. Did such conduct on her part, assuming it did occur, give sufficient cause to search and to arrest?
C. | The Divergent Line of Jurisprudence |
It was only when one of the officers noticed a bulge on the waist of accused, during the course of the inspection, that accused was required to present his passport. The failure of accused to present his identification papers, when ordered to do so, only managed to arouse the suspicion of the officer that accused was trying to hide his identity.82In People v. Tuazon,83 the authorities did not solely rely on confidential information that the accused would deliver an unspecified amount of shabu using a Gemini car bearing plate number PFC 411. Upon conducting a visual search of the motor vehicle that was flagged down by the authorities, the police personally saw a gun tucked on the accused's waist. Moreover, the accused was not able to produce any pertinent document related to the firearm. This was what prompted the police to order the accused to alight from the vehicle.
The search and seizure were made by Cronenwett, Scully and Thayer, federal prohibition agents, and one Peterson, a state officer, in December, 1921, as the car was going westward on the highway between Detroit and Grand Rapids at a point 16 miles outside of Grand Rapids. The facts leading to the search and seizure were as follows: on September 29th, Cronenwett and Scully were in an apartment in Grand Rapids. Three men came to that apartment, a man named Kruska and the two defendants, Carroll and Kiro. Cronenwett was introduced to them as one Stafford, working in the Michigan Chair Company in Grand Rapids, who wished to buy three cases of whiskey. The price was fixed at $13 a case. The three men said they had to go to the east end of Grand Rapids to get the liquor and that they would be back in half or three-quarters of an hour. They went away, and in a short time Kruska came back and said they could not get it that night, that the man who had it was not in, but that they would deliver it the next day. They had come to the apartment in an automobile known as an Oldsmobile Roadster, the number of which Cronenwett then identified, a[s] did Scully. The proposed vendors did not return the next day, and the evidence disclosed no explanation of their failure to do so. One may surmise that it was suspicion of the real character of the proposed purchaser, whom Carroll subsequently called by his first name when arrested in December following. Cronenwett and his subordinates were engaged in patrolling the road leading from Detroit to Grand Rapids, looking for violations of the Prohibition Act. This seems to have been their regular tour of duty. On the 6th of October, Carroll and Kiro, going eastward from Grand Rapids in the same Oldsmobile Roadster, passed Cronenwett and Scully some distance out from Grand Rapids. Cronenwett called to Scully, who was taking lunch, that the Carroll boys had passed them going toward Detroit, and sought with Scully to catch up with them to see where they were going. The officers followed as far as East Lansing, half way to Detroit, but there lost trace of them. On the 15th of December, some two months later, Scully and Cronenwett, on their regular tour of duty, with Peterson, the State officer, were going from Grand Rapids to Ionia, on the road to Detroit, when Kiro and Carroll met and passed them in the same automobile, coming from the direction of Detroit to Grand Rapids. The government agents turned their car and followed the defendants to a point some sixteen miles east of Grand Rapids, where they stopped them and searched the car.Hence, in Carroll, the probable cause justifying the warrantless search was not founded on information relayed by confidential informants; there were no informants involved in the case whatsoever. Probable cause existed because the state authorities themselves had personally interacted with the accused, having engaged with them in an undercover transaction.
x x x x
We know in this way that Grand Rapids is about 152 miles from Detroit, and that Detroit and its neighborhood along the Detroit River, which is the International Boundary, is one of the most active centers for introducing illegally into this country spirituous liquors for distribution into the interior. It is obvious from the evidence that the prohibition agents were engaged in a regular patrol along the important highways from Detroit to Grand Rapids to stop and seize liquor carried in automobiles. They knew or had convincing evidence to make them believe that the Carroll boys, as they called them, were so-called "bootleggers" in Grand Rapids, i.e., that they were engaged in plying the unlawful trade of selling such liquor in that city. The officers had soon after noted their going from Grand Rapids half way to Detroit, and attempted to follow them to that city to see where they went, but they escaped observation. Two months later, these officers suddenly met the same men on their way westward, presumably from Detroit. The partners in the original combination to sell liquor in Grand Rapids were together in the same automobile they had been in the night when they tried to furnish the whisky to the officers which was thus identified as part of the firm equipment. They were coming from the direction of the great source of supply for their stock to Grand Rapids, where they plied their trade. That the officers, when they saw the defendants, believed that they were carrying liquor we can have no doubt, and we think it is equally clear that they had reasonable cause for thinking so. Emphasis is put by defendant's counsel on the statement made by one of the officers that they were not looking for defendants at the particular time when they appeared. We do not perceive that it has any weight. As soon as they did appear, the officers were entitled to use their reasoning faculties upon all the facts of which they had previous knowledge in respect to the defendants.99
In the case at bar, the NARCOM agents searched the bag of the accused on the basis alone of an information they received that a woman, 23 years of age with naturally curly hair, and 5'2" or 5'3" in height would be transporting marijuana. The extensive search was indiscriminately made on all the baggages of all passengers of the bus where the accused was riding, whether male or female, and whether or not their physical appearance answered the description of the suspect as described in the alleged information. If there really was such an information, as claimed by the NARCOM agents, it is a perplexing thought why they had to search the baggages of ALL passengers, not only the bags of those who appeared to answer the description of the woman suspected of carrying marijuana.It is said that dissenting opinions often appeal to the intelligence of a future age.101 For Justice Padilla's Dissenting Opinion, such age has come. This holding, which is reflected in the recent tide of jurisprudence, must now fully find the light of day as it is more in line with the basic constitutional precept that the Bill of Rights occupies a position of primacy in the fundamental law, hovering above the articles on governmental power. The Court's holding that tipped information, on its own, cannot engender probable cause is guided by the principle that the right against unreasonable searches and seizures sits at the very top of the hierarchy of rights, wherein any allowable transgression of such right is subject to the most stringent of scrutiny.
Moreover, the accused was not at all acting suspiciously when the NARCOM agents searched her bag, where they allegedly found the marijuana.
From the circumstances of the case at bar, it would seem that the NARCOM agents were only fishing for evidence when they searched the baggages of all the passengers, including that of the accused. They had no probable cause to reasonably believe that the accused was the woman carrying marijuana alluded to in the information they allegedly received. Thus, the warrantless search made on the personal effects of herein accused on the basis of mere information, without more, is to my mind bereft of probable cause and therefore, null and void. It follows that the marijuana seized in the course of such warrantless search was inadmissible in evidence.100
x x x Everyone would be practically at the mercy of so-called informants, reminiscent of the Makapilis during the Japanese occupation. Any one whom they point out to a police officer as a possible violator of the law could then be subject to search and possible arrest. This is placing limitless power upon informants who will no longer be required to affirm under oath their accusations, for they can always delay their giving of tips in order to justify warrantless arrests and searches. Even law enforcers can use this as an oppressive tool to conduct searches without warrants, for they can always claim that they received raw intelligence information only on the day or afternoon before. This would clearly be a circumvention of the legal requisites for validly effecting an arrest or conducting a search and seizure. Indeed, the majority's ruling would open loopholes that would allow unreasonable arrests, searches and seizures.103It is not hard to imagine the horrid scenarios if the Court were to allow intrusive warrantless searches and seizures on the solitary basis of unverified, anonymous tips.
D. | The Absence of Probable Cause in the Instant Case |
Simply stated, the information received through text message was not only hearsay evidence; it is double hearsay.
Q x x x [W]ho received the information, was it you or another person, Mr. Witness? A The duty guard, sir. Q And usually now, informations (sic) is usually transmitted and text (sic) to the duty guard, Mr. Witness? A Yes, sir. Q Can you produce the transcript of the text message (sic) can you write in a piece of paper, Mr. Witness? A Our duty guard just informed us the information, sir. Q So the text was not preserve (sic), Mr. Witness? A Yes, sir. Q Who is you duty guard, Mr. Witness? A I cannot remember, sir.104
Further, it does not escape the attention of the Court that, as testified to by PSI Ngoslab on cross-examination, the mobile phone which received the anonymous person's text message was not even an official government issued phone.106 From the records of the case, it is unclear as to who owned or possessed the said phone used as the supposed official hotline of the RPSB Office. Furthermore, PSI Ngoslab testified that he was not even sure whether the said official hotline still existed.107
Q Is it not an (sic) Standard Operating Procedure that any information received by the Police Stations or a detachment properly written in a log book or written in a Police blotter, that is the Standard Operating Procedure, correct, Mr. Witness? A Yes, sir. Q It was not written the information that you received, correct, Mr. Witness? A Not at that time, sir.105
Very truly yours, (SGD) EDGAR O. ARICHETA Clerk of Court |
Endnotes:
1 SECTION 14 (1), THE 1987 CONSTITUTION.
2 See Notice of Appeal dated April 24, 2018; rollo, pp. 16-18.
3 Id. at 2-15. Penned by Associate Justice Jane Aurora C. Lantion and concurred in by Associate Justices Remedios A. Salazar-Fernando and Zenaida T. Galapate-Laguilles.
4 Second Division.
5 Records, pp. 325-334. Penned by Presiding Judge Marcelino K. Wacas.
6 Entitled "AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, As AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES," approved on June 7, 2002.
7Rollo, pp. 3-7. Emphasis in the original.
8 Records, pp. 333-334.
9Rollo, p. 14.
10 458 Phil. 752-802 (2003).
11 Id. at 788.
12 Id. at 788-789.
13People v. Cogaed, 740 Phil. 212, 228 (2014), citing Esquillo v. People, 643 Phil. 577, 593 (2010).
14 Id. at 228.
15People v. Comprado, G.R. No. 213225, April 4, 2018, 860 SCRA 420, 440. Italics supplied.
16 Id.
17 Id.
18 Id. at 440-441. Emphasis supplied.
19 Id. at 441.
20 Id.
21 793 Phil. 505, 519 (2016).
22 Id. at 519-520.
23 Id. at 520. Emphasis and italics supplied.
24 264 Phil. 265 (1990).
25 Id. at 266.
26 391 US 216, 20 L Ed 538, 88 S Ct 1472.
27 424 Phil. 263 (2002).
28 Id. at 279.
29Rollo, p. 10.
30Veridiano v. People, 810 Phil. 642, 668 (2017). Emphasis, italics, and underscoring supplied.
31 378 U.S. 108 (1964).
32 Id.
33 Id. Emphasis supplied.
34 462 U.S. 213 (1983).
35 Id.
36 Id. Italics and underscoring supplied.
37 246 Phil. 424 (1988).
38 Id. at 433-434.
39 326 Phil. 345 (1996).
40 Id. at 363. Italics in the original.
41 Id. at 361.
42 Id. at 362.
43 345 Phil. 301-324 (1997).
44 Id. at 318.
45 Id. at 319.
46 351 Phil. 868 (1998).
47 Id. at 885. Emphasis supplied.
48 Id. Emphasis supplied.
49 740 Phil. 212 (2014).
50 Id. at 231.
51 Id.
52 Id. at 232. Emphasis and underscoring supplied.
53 Id. at 230. Emphasis and underscoring supplied.
54 643 Phil. 577, 606 (2010).
55People v. Cogaed, supra note 13, at 233-234.
56 Id. at 234.
57 Supra note 30.
58 Id. at 665.
59 Id. at 668. Emphasis supplied.
60People v. Comprado, supra note 15, at 435. Emphasis supplied.
61 Id., at 438; citing C.J. Lucas P. Bersamin's Dissenting Opinion in Esquillo v. People, 643 Phil. 577, 606 (2010). Emphasis supplied.
62 Id.
63 G.R. No. 238453, July 31, 2019, accessed at .
64 Id.
65 Id.
66 Id. Emphasis supplied.
67 Id. Italics supplied.
68 Id.
69 Id.
70 Id. Emphasis and underscoring supplied.
71 Id.
72 G.R. No. 223140, September 4, 2019.
73 Id. Emphasis supplied.
74 G.R. No. 215305, April 3, 2018, 860 SCRA 231, 256.
75 Id. at 253. Underscoring supplied.
76 Id. at 256.
77 See People v. Valdez, 363 Phil. 481 (1999) and People v. Mariacos, 635 Phil. 315 (2010).
78 263 Phil. 106 (1990).
79 266 Phil. 815 (1990).
80 288 Phil. 828 (1992).
81 275 Phil. 447 (1991).
82 Id.
83 588 Phil. 759 (2007).
84 621 Phil. 226 (2009).
85 306 Phil. 359 (1994).
86 345 Phil. 632 (1997).
87People v. Aruta, supra note 46, at 884.
88 330 Phil. 811 (1996).
89People v. Cogaed, supra note 13, at 230-231.
90 271 Phil. 120 (1991).
91 455 Phil. 371-385 (2003).
92 Id. at 381.
93 Id.
94 Id.
95Valmonte v. de Villa, supra note 24, at 269.
96 Id. at 270.
97 267 U.S. 132, 153 (1925).
98 Supra note 80, at 836.
99 Supra note 97.
100 Dissenting Opinion of Associate Justice Teodoro R. Padilla in People v. Bagista, supra note 80, at 838-840.
101 SCOTUS Associate Justice Ruth Bader Ginsburg, Remarks on Writing Separate, 65 WASH L.REV. 133, 144 (1990).
102 Concurring and Dissenting Opinion of Associate Justice Artemio V. Panganiban in People v. Montilla, 349 Phil. 640 (1998).
103 Id. at 733-734. Emphasis and underscoring supplied.
104 TSN, April 3, 2014, p. 22. Emphasis and underscoring supplied.
105 Id. at p. 23.
106 TSN, April 22, 2015, p. 15.
107 Id. at 16.
108People v. Veridiano, supra note 30 at 662.
109 347 Phil. 462 (1997).
110 Id. at 481.
111Rollo, p. 11.
112People v. Tudtud, supra note 10, at 785.
113 Id. at 786. Emphasis and underscoring supplied.
114People v. Aruta, supra note 46.
115People v. Encinada, supra note 43.
116People v. Tudtud, supra note 10, at 786.
117Veridiano v. People, supra note 30, at 666. Emphasis supplied.
118 Id. Emphasis supplied.
119 Supra note 63.
120 TSN dated May 8, 2014, p. 49. Italics supplied.
121People v. Comprado, supra note 15, at 441.
122People v. Narvasa, G.R. No. 241254, July 8, 2019, accessed at .
123 Id.
124 Id.
LEONEN, J.:
I concur.
To aid courts in upholding the constitutional right against unreasonable searches, I revisit the doctrines regarding two (2) exceptions often invoked to justify warrantless searches of passengers on moving vehicles, such as the one in this case: first, stop-and-frisk searches based on probable cause, genuine reason, or reasonable suspicion; and second, the search of a moving vehicle.
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.4This Court then cited Terry by way of quoting the following submission of the Solicitor General: ChanRoblesVirtualawlibrary
The assailed search and seizure may still be justified as akin to a "stop and frisk" situation whose object is either to determine the identity of a suspicious individual or to maintain the status quo momentarily while the police officer seeks to obtain more information. This is illustrated in the case of Terry vs. Ohio, 392 U.S. 1 (1968).... The United States Supreme Court held that "a police officer may in appropriate circumstances and in an appropriate manner approach a person for the purpose of investigating possible criminal behavior even though there is no probable cause to make an arrest." In such a situation, it is reasonable for an officer rather than simply to shrug his shoulder and allow a crime to occur, to stop a suspicious individual briefly in order to determine his identity or maintain the status quo while obtaining more information[.]5Applying Terry to Posadas, this Court concluded that because of the petitioner's suspicious actions, it was reasonable for the police officers to believe that he was concealing something illegal in his bag, and thus, reasonable for them to search it.
Thus, when these specially trained enforcers saw Manalili with reddish eyes and walking in a wobbly manner characteristic of a person "high" on drugs per their experience, and in a known hangout of drug users, there was sufficient genuine reason to stop and frisk the suspect. It is well to emphasize that under different circumstances, such as where the policemen are not specially trained and in common places where people ordinarily converge, the same features displayed by a person will not normally justify a warrantless arrest or search on him.The concept of genuine reason as the basis for reasonable suspicion has been expounded upon further such that, in Philippine jurisprudence, an officer must observe more than one (1) circumstance, which when taken alone is apparently innocent, but when taken together with other circumstances, arouse suspicion.
The case before us presents such a situation. The policemen merely observed that Malacat's eyes were moving very fast. They did not notice any bulges or packets about the bodies of these men indicating that they might be hiding explosive paraphernalia. From their outward look, nothing suggested that they were at the time armed and dangerous. Hence, there was no justification for a stop-and-frisk.9
Where, for example, the officer merely draws aside the curtain of a vacant vehicle which is parked on the public fair grounds, or simply looks into a vehicle, or flashes a light therein, these do not constitute unreasonable search.16 (Citations omitted)Thus, this Court concluded that searches at military checkpoints may be valid, provided that they are conducted "within reasonable limits": ChanRoblesVirtualawlibrary
True, the manning of checkpoints by the military is susceptible of abuse by the men in uniform, in the same manner that all governmental power is susceptible of abuse. But, at the cost of occasional inconvenience, discomfort and even irritation to the citizen, the checkpoints during these abnormal times, when conducted within reasonable limits, are part of the price we pay for an orderly society and a peaceful community.17Acting on a motion for reconsideration, this Court in its Resolution18 in Valmonte clarified the limitations that must be observed: ChanRoblesVirtualawlibrary
Admittedly, the routine checkpoint stop does intrude, to a certain extent, on motorist's right to "free passage without interruption", but it cannot be denied that, as a rule, it involves only a brief detention of travellers during which the vehicle's occupants are required to answer a brief question or two. For as long as the vehicle is neither searched nor its occupants subjected to a body search, and the inspection of the vehicle is limited to a visual search, said routine checks cannot be regarded as violative of an individual's right against unreasonable search.19 (Emphasis supplied, citation omitted)Thus, as stated in Valmonte, to be deemed reasonable, a search of a motor vehicle at a checkpoint must be limited only to a visual search, and must not be extensive. A reasonable search at a routine checkpoint excludes extensive searches, absent other recognized exceptional circumstances leading to an extensive search.
It may be argued that the seeming acquiescence of Arellano to the search constitutes an implied waiver of petitioner's right to question the reasonableness of the search of the vehicle and the seizure of the firearms.The concept of consent to extensive warrantless searches was elaborated in Dela Cruz v. People,23 which involved routine security inspections conducted at a seaport terminal.
While Resolution No. 2327 authorized the setting up of checkpoints, it however stressed that "guidelines shall be made to ensure that no infringement of civil and political rights results from the implementation of this authority," and that "the places and manner of setting up of checkpoints shall be determined in consultation with the Committee on Firearms Ban and Security Personnel created under Sec. 5, Resolution No. 2323." The facts show that PNP installed the checkpoint at about five o'clock in the afternoon of 13 January 1992. The search was made soon thereafter, or thirty minutes later. It was not shown that news of impending checkpoints without necessarily giving their locations, and the reason for the same have been announced in the media to forewarn the citizens. Nor did the informal checkpoint that afternoon carry signs informing the public of the purpose of its operation. As a result, motorists passing that place did not have any inkling whatsoever about the reason behind the instant exercise. With the authorities in control to stop and search passing vehicles, the motorists did not have any choice but to submit to the PNP's scrutiny. Otherwise, any attempt to turnabout albeit innocent would raise suspicion and provide probable cause for the police to arrest the motorist and to conduct an extensive search of his vehicle.
In the case of petitioner, only his driver was at the car at that time it was stopped for inspection. As conceded by COMELEC, driver Arellano did not know the purpose of the checkpoint. In the face of fourteen (14) armed policemen conducting the operation, driver Arellano being alone and a mere employee of petitioner could not have marshalled the strength and the courage to protest against the extensive search conducted in the vehicle. In such scenario, the "implied acquiescence," if there was any, could not be more than a mere passive conformity on Arellano's part to the search, and "consent" given under intimidating or coercive circumstances is no consent within the purview of the constitutional guaranty.22 (Citations omitted)
When SCAA Buco asked if he could open petitioner's bag, petitioner answered "yes, just open it" based on petitioner's own testimony. This is clear consent by petitioner to the search of the contents of his bag. In its Decision dated 26 June 2014, the Court of Appeals aptly held: ChanRoblesVirtualawlibraryThus, although this Court in Saluday did not declare the evidence seized inadmissible, the intrusive search of the bag was not categorically found reasonable. It did not rule on the reasonableness of the intrusive search. Rather, the validity of the search was anchored on the waiver of the petitioner's right when he told the officer, "yes, just open [the bag]."29cralawredA waiver was found in People v. Omaweng. There, the police officers asked the accused if they could see the contents of his bag and he answered "you can see the contents but those are only clothings." When asked if they could open and see it, he said "you can see it." In the present case, accused-appellant told the member of the task force that "it was only a cellphone" when asked who owns the bag and what are its contents. When asked by the member of the task force if he could open it, accused-appellant told him "yes, just open it." Hence, as in Omaweng, there was a waiver of accused-appellant's right against warrantless search.28 (Citation omitted)
Further, in the conduct of bus searches, the Court lays down the following guidelines. Prior to entry, passengers and their bags and luggages can be subjected to a routine inspection akin to airport and seaport security protocol. In this regard, metal detectors and x-ray scanning machines can be installed at bus terminals. Passengers can also be frisked. In lieu of electronic scanners, passengers can be required instead to open their bags and luggages for inspection, which inspection must be made in the passenger's presence. Should the passenger object, he or she can validly be refused entry into the terminal.The facts in Saluday are not on all fours with this case. The initial search in Saluday was the third of the permissible searches of public vehicles in transit: the routine inspection at a military checkpoint. This case, on the other hand, is a targeted search of an individual on board a public vehicle based on an anonymous informant's tip.
While in transit, a bus can still be searched by government agents or the security personnel of the bus owner in the following three instances. First, upon receipt of information that a passenger carries contraband or illegal articles, the bus where the passenger is aboard can be stopped en route to allow for an inspection of the person and his or her effects. This is no different from an airplane that is forced to land upon receipt of information about the contraband or illegal articles carried by a passenger onboard. Second, whenever a bus picks passengers en route, the prospective passenger can be frisked and his or her bag or luggage be subjected to the same routine inspection by government agents or private security personnel as though the person boarded the bus at the terminal. This is because unlike an airplane, a bus is able to stop and pick passengers along the way, making it possible for these passengers to evade the routine search at the bus terminal. Third, a bus can be flagged clown at designated military or police checkpoints where State agents can board the vehicle for a routine inspection of the passengers and their bags or luggages.
In both situations, the inspection of passengers and their effects prior to entry at the bus terminal and the search of the bus while in transit must also satisfy the following conditions to qualify as a valid reasonable search. First, as to the manner of the search, it must be the least intrusive and must uphold the dignity of the person or persons being searched, minimizing, if not altogether eradicating, any cause for public embarrassment, humiliation or ridicule. Second, neither can the search result from any discriminatory motive such as insidious profiling, stereotyping and other similar motives. In all instances, the fundamental rights of vulnerable identities, persons with disabilities, children and other similar groups should be protected. Third, as to the purpose of the search, it must be confined to ensuring public safety. Fourth, as to the evidence seized from the reasonable search, courts must be convinced that precautionary measures were in place to ensure that no evidence was planted against the accused.
The search of persons in a public place is valid because the safety of others may be put at risk. Given the present circumstances, the Court takes judicial notice that public transport buses and their terminals, just like passenger ships and seaports, are in that category.30 (Emphasis in the original)
Endnotes:
1 392 U.S. 1 (1968).
2People v. Cristobal, G.R. No. 234207, June 10, 2019, [Per J. Caguioa, Second Division].
3 266 Phil. 306 (1990) [Per J. Gancayco, First Division].
4 Id. at 311-312.
5 Id. at 312-313.
6 330 Phil. 811 (1996) [Per J. Romero, Second Division].
7 345 Phil. 632 (1997) [Per J. Panganiban, Third Division].
8 347 Phil. 462 (1997) [Per J. Davide, Jr., En Banc].
9 Id. at 489-490.
10 643 Phil. 577 (2010) [Per J. Carpio Morales, Third Division].
11 Id. at 606.
12 740 Phil. 212 (2014) [Per J. Leonen, Third Division].
13Sanchez v. People, 747 Phil. 552 (2014) [Per J. Mendoza, Second Division]; Veridiano v. People, 810 Phil. 642 (2017) [Per J. Leonen, Second Division]; and People v. Comprado, G.R. No. 213225, April 4, 2018, 860 SCRA 420 [Per J. Martires, Third Division].
14 Id. at 233-234 citing J. Bersamin, Dissenting Opinion in Esquillo v. People, 643 Phil. 577 (2010) [Per J. Carpio Morales, Third Division].
15 258 Phil. 838 (1989) [Per J. Padilla, En Banc].
16 Id. at 843.
17 Id. at 844.
18 264 Phil. 265 (1990) [Per J. Padilla, En Banc].
19 Id. at 270.
20 307 Phil. 437 (1994) [Per J. Bellosillo, En Banc].
21 Id. at 448.
22 Id. at 450-451.
23 776 Phil. 653 (2016) [Per J. Leonen, Second Division].
24 460 Phil. 146 (2003) [Per J. Sandoval-Gutierrez, En Banc].
25Dela Cruz v. People, 776 Phil. 653, 684 (2016) [Per J. Leonen, Second Division].
26 G.R. No. 215305, April 3, 2018, 860 SCRA 231 [Per Acting C.J. Carpio, En Banc].
27 Id. at 237.
28 Id. at 254-255.
29 Id. at 254.
30 Id. at 255-257.
31 Id. at 256.
LAZARO-JAVIER, J.:
This case involves a police operation that netted a sack of almost four (4) kilos of marijuana. The Majority acquit appellant based on what essentially is the distrust in the reasonableness of the police officers' on-the-spot judgment call. It is my hope that the decision reached in this case does not dishearten the legitimate enthusiasm of our police forces in law enforcement.
The Majority set aside appellant's conviction for transportation of dangerous drugs in violation of Section 5, Article II of Republic Act 9165 (RA 9165) on ground that the apprehending officers violated appellant's constitutional right against unreasonable searches and seizures; hence, the drugs seized from him were inadmissible in evidence.
With due respect, I cannot concur in the decision to acquit appellant of the charge of transporting almost four (4) kilos of marijuana through a public jeepney as the lower courts' rulings were fully consistent with valid and binding jurisprudence.
First, the ponencia prefaces with this question:
Can the police conduct a warrantless intrusive search of a vehicle on the sole basis of an unverified tip relayed by an anonymous informant?In the first place, the police officers here did not conduct an intrusive search of the passenger jeepney. The object of their surveillance and search was targeted to a very specific individual.
The Court of Appeals held that the DEA agents seized respondent when they grabbed him by the arm and moved him back onto the sidewalk. 831 F.2d at 1416. The Government does not challenge that conclusion, and we assume - without deciding - that a stop occurred here. Our decision, then, turns on whether the agents had a reasonable suspicion that respondent was engaged in wrongdoing when they encountered him on the sidewalk. In Terry v. Ohio, 392 U. S. 1, 392 U. S. 30 (1968), we held that the police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity "may be afoot," even if the officer lacks probable cause.Further, the statement does disservice to years of jurisprudence that, while recognizing the Bill of Rights to be a check on government power, has taken stock of the varying interests that require balancing if not accommodation. Effective law enforcement is a legitimate interest that is not less favored by the law.
The officer, of course, must be able to articulate something more than an "inchoate and unparticularized suspicion or hunch." Id. at 27. The Fourth Amendment requires "some minimal level of objective justification" for making the stop. INS v. Delgado, 466 U. S. 210, 466 U. S. 217 (1984). That level of suspicion is considerably less than proof of wrongdoing by a preponderance of the evidence. We have held that probable cause means "a fair probability that contraband or evidence of a crime will be found," Illinois v. Gates, 462 U. S. 213, 462 U. S. 238 (1983), and the level of suspicion required for a Terry stop is obviously less demanding than that for probable cause, see United States v. Montoya de Hernandez, 473 U. S. 531, 473 U. S. 541, 473 U. S. 544 (1985).
The concept of reasonable suspicion, like probable cause, is not "readily, or even usefully, reduced to a neat set of legal rules." Gates, supra, at 462 U. S. 232. We think the Court of Appeals' effort to refine and elaborate the requirements of "reasonable suspicion" in this case creates unnecessary difficulty in dealing with one of the relatively simple concepts embodied in the Fourth Amendment. In evaluating the validity of a stop such as this, we must consider "the totality of the circumstances - the whole picture." United States v. Cortez, 449 U. S. 411, 449 U. S. 417 (1981). As we said in Cortez:
"The process does not deal with hard certainties, but with probabilities. Long before the law of probabilities was articulated as such, practical people formulated certain common sense conclusions about human behavior; jurors as fact-finders are permitted to do the same - and so are law enforcement officers."3
[W]e now hold that the Fourth Amendment does not compel separate treatment for an automobile search that extends only to a container within the vehicle....Indeed, the distinction between probable cause as to the motor vehicle and probable cause as to the specific person and his or her specific container actually endangers the privacy interest that the right against unreasonable searches and seizures protects. Acevedo succinctly explains: ChanRoblesVirtualawlibrary
The interpretation of the Carroll doctrine set forth in Ross now applies to all searches of containers found in an automobile. In other words, the police may search without a warrant if their search is supported by probable cause. The Court in Ross put it this way:
"The scope of a warrantless search of an automobile... is not defined by the nature of the container in which the contraband is secreted. Rather, it is defined by the object of the search and the places in which there is probable cause to believe that it may be found."
....
Until today, this Court has drawn a curious line between the search of an automobile that coincidentally turns up a container and the search of a container that coincidentally turns up in an automobile. The protections of the Fourth Amendment must not turn on such coincidences. We therefore interpret Carroll as providing one rule to govern all automobile searches. The police may search an automobile and the containers within it where they have probable cause to believe contraband or evidence is contained.
The line between probable cause to search a vehicle and probable cause to search a package in that vehicle is not always clear, and separate rules that govern the two objects to be searched may enable the police to broaden their power to make warrantless searches and disserve privacy interests. We noted this in Ross in the context of a search of an entire vehicle. Recognizing that, under Carroll, the "entire vehicle itself... could be searched without a warrant," we concluded that "prohibiting police from opening immediately a container in which the object of the search is most likely to be found, and instead forcing them first to comb the entire vehicle, would actually exacerbate the intrusion on privacy interests."In greater detail, Acevedo ruled thus: ChanRoblesVirtualawlibrary
At the moment when officers stop an automobile, it may be less than clear whether they suspect with a high degree of certainty that the vehicle contains drugs in a bag or simply contains drugs. If the police know that they may open a bag only if they are actually searching the entire car, they may search more extensively than they otherwise would in order to establish the general probable cause required by Ross.
Such a situation is not far-fetched.... We cannot see the benefit of a rule that requires law enforcement officers to conduct a more intrusive search in order to justify a less intrusive
The facts in this case closely resemble the facts in Ross. In Ross, the police had probable cause to believe that drugs were stored in the trunk of a particular car. See 456 U.S. at 456 U. S. 800. Here, the California Court of Appeal concluded that the police had probable cause to believe that respondent was carrying marijuana in a bag in his car's trunk. Furthermore, for what it is worth, in Ross, as here, the drugs in the trunk were contained in a brown paper bag.Fourth, the Acevedo doctrine has been adopted in our jurisprudence, consciously or unconsciously as a matter of common sense, under the rubric of a valid warrantless search of a moving public utility vehicle.
This Court in Ross rejected Chadwick's distinction between containers and cars. It concluded that the expectation of privacy in one's vehicle is equal to one's expectation of privacy in the container, and noted that "the privacy interests in a car's trunk or glove compartment may be no less than those in a movable container." 456 U. S. at 456 U. S. 823. It also recognized that it was arguable that the same exigent circumstances that permit a warrantless search of an automobile would justify the warrantless search of a movable container. Id. at 456 U. S. 809. In deference to the rule of Chadwick and Sanders, however, the Court put that question to one side. Id. at 456 U. S. 809-810. It concluded that the time and expense of the warrant process would be misdirected if the police could search every cubic inch of an automobile until they discovered a paper sack, at which point the Fourth Amendment required them to take the sack to a magistrate for permission to look inside. We now must decide the question deferred in Ross: whether the Fourth Amendment requires the police to obtain a warrant to open the sack in a movable vehicle simply because they lack probable cause to search the entire car. We conclude that it does not.IV
Dissenters in Ross asked why the suitcase in Sanders was "more private, less difficult for police to seize and store, or in any other relevant respect more properly subject to the warrant requirement, than a container that police discover in a probable cause search of an entire automobile?"
We now agree that a container found after a general search of the automobile and a container found in a car after a limited search for the container are equally easy for the police to store and for the suspect to hide or destroy. In fact, we see no principled distinction in terms of either the privacy expectation or the exigent circumstances between the paper bag found by the police in Ross and the paper bag found by the police here. Furthermore, by attempting to distinguish between a container for which the police are specifically searching and a container which they come across in a car, we have provided only minimal protection for privacy, and have impeded effective law enforcement.....
To the extent that the Chadwick-Sanders rule protects privacy, its protection is minimal. Law enforcement officers may seize a container and hold it until they obtain a search warrant. "Since the police, by hypothesis, have probable cause to seize the property, we can assume that a warrant will be routinely forthcoming in the overwhelming majority of cases."
And the police often will be able to search containers without a warrant, despite the Chadwick-Sanders rule, as a search incident to a lawful arrest. In New York v. Belton, 453 U. S. 454 (1981), the Court said: "[W]e hold that, when a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile." "It follows from this conclusion that the police may also examine the contents of any containers found within the passenger compartment."
Under Belton, the same probable cause to believe that a container holds drugs will allow the police to arrest the person transporting the container and search it.
Finally, the search of a paper bag intrudes far less on individual privacy than does the incursion sanctioned long ago in Carroll. In that case, prohibition agents slashed the upholstery of the automobile. This Court nonetheless found their search to be reasonable under the Fourth Amendment. If destroying the interior of an automobile is not unreasonable, we cannot conclude that looking inside a closed container is. In light of the minimal protection to privacy afforded by the Chadwick-Sanders rule, and our serious doubt whether that rule substantially serves privacy interests, we now hold that the Fourth Amendment does not compel separate treatment for an automobile search that extends only to a container within the vehicle.V
The Chadwick-Sanders rule not only has failed to protect privacy, but it has also confused courts and police officers and impeded effective law enforcement. The conflict between the Carroll doctrine cases and the Chadwick-Sanders line has been criticized in academic commentary....
Although we have recognized firmly that the doctrine of stare decisis serves profoundly important purposes in our legal system, this Court has overruled a prior case on the comparatively rare occasion when it has bred confusion or been a derelict or led to anomalous results.... We conclude that it is better to adopt one clear-cut rule to govern automobile searches and eliminate the warrant requirement for closed containers set forth in Sanders.VI
The interpretation of the Caroll doctrine set forth in Ross now applies to all searches of containers found in an automobile. In other words, the police may search without a warrant if their search is supported by probable cause. The Court in Ross put it this way:
"The scope of a warrantless search of an automobile... is not defined by the nature of the container in which the contraband is secreted. Rather, it is defined by the object of the search and the places in which there is probable cause to believe that it may be found."
"Probable cause to believe that a container placed in the trunk of a taxi contains contraband or evidence does not justify a search of the entire cab."
We reaffirm that principle. In the case before us, the police had probable cause to believe that the paper bag in the automobile's trunk contained marijuana. That probable cause now allows a warrantless search of the paper bag. The facts in the record reveal that the police did not have probable cause to believe that contraband was hidden in any other part of the automobile and a search of the entire vehicle would have been without probable cause and unreasonable under the Fourth Amendment.
Our holding today neither extends the Carroll doctrine nor broadens the scope of the permissible automobile search delineated in Carroll, Chambers, and Ross. It remains a "cardinal principle that 'searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment - subject only to a few specifically established and well-delineated exceptions.'"
We held in Ross: "The exception recognized in Carroll is unquestionably one that is specifically established and well delineated."
Until today, this Court has drawn a curious line between the search of an automobile that coincidentally turns up a container and the search of a container that coincidentally turns up in an automobile. The protections of the Fourth Amendment must not turn on such coincidences. We therefore interpret Carroll as providing one rule to govern all automobile searches. The police may search an automobile and the containers within it where they have probable cause to believe contraband or evidence is contained.
The judgment of the California Court of Appeal is reversed, and the case is remanded to that court for further proceedings not inconsistent with this opinion.
The search in this case, however, could not be classified as a search of a moving vehicle. In this particular type of search, the vehicle is the target and not a specific person. Further, in search of a moving vehicle, the vehicle was intentionally used as a means to transport illegal items. It is worthy to note that the information relayed to the police officers was that a passenger of that particular bus was carrying marijuana such that when the police officers boarded the bus, they searched the bag of the person matching the description given by their informant and not the cargo or contents of the said bus. Moreover, in this case, it just so happened that the alleged drug courier was a bus passenger. To extend to such breadth the scope of searches on moving vehicles would open the floodgates to unbridled warrantless searches which can be conducted by the mere expedient of waiting for the target person to ride a motor vehicle, setting up a checkpoint along the route of that vehicle, and then stopping such vehicle when it arrives at the checkpoint in order to search the target person.7This restrictive definition of a search of a moving vehicle is found in no other judicial precedent and in fact, Comprado cites none. Comprado abides by a reasoning that has long been rejected from where we have obtained our motor vehicle exemption.
In earlier decisions, we held that there was probable cause in the following instances: (a) where the distinctive odor of marijuana emanated from the plastic bag carried by the accused;9 (b) where an informer positively identified the accused who was observed to be acting suspiciously; (c) where the accused who were riding a jeepney were stopped and searched by policemen who had earlier received confidential reports that said accused would transport a quantity of marijuana;10 (d) where Narcom agents had received information that a Caucasian coming from Sagada, Mountain Province had in his possession prohibited drugs and when the Narcom agents confronted the accused Caucasiari because of a conspicuous bulge in his waistline, he failed to present his passport and other identification papers when requested to do so; (f) where the moving vehicle was stopped and searched on the basis of intelligence information and clandestine reports by a deep penetration agent or spy - one who participated in the drug smuggling activities of the syndicate to which the accused belong - that said accused were bringing prohibited drugs into the country;11 (g) where the arresting officers had received a confidential information that the accused, whose identity as a drug distributor was established in a previous test-buy operation, would be boarding MV Dona Virginia and probably carrying shabu with him;12 (h) where police officers received an information that the accused, who was carrying a suspicious looking gray luggage bag, would transport marijuana in a bag to Manila;13 and (i) where the appearance of the accused and the color of the bag he was carrying fitted the description given by a civilian asset.14An example of a warrantless search on a moving vehicle based on details given by an informant can be found in People v. Mariacos.15 What should be emphasized is that the ruling in Comprado handed down by the Court's Third Division did not expressly reverse previous doctrine on warrantless searches of moving vehicles since a Division of this Court has no power to do so.
Although we have recognized firmly that the doctrine of stare decisis serves profoundly important purposes in our legal system, this Court has overruled a prior case on the comparatively rare occasion when it has bred confusion or been a derelict or led to anomalous results.... We conclude that it is better to adopt one clear-cut rule to govern automobile searches and eliminate the warrant requirement for closed containers set forth in Sanders.Fifth, jurisprudence likewise recognizes the validity of warrantless searches and arrests based on a tip from a confidential informant as a legitimate basis for a police officer's determination of probable cause.
Nevertheless, the exception from securing a search warrant when it comes to moving vehicles does not give the police authorities unbridled discretion to conduct a warrantless search of an automobile. To do so would render the aforementioned constitutional stipulations inutile and expose the citizenry to indiscriminate police distrust which could amount to outright harassment. Surely, the policy consideration behind the exemption of search of moving vehicles does not encompass such arbitrariness on the part of the police authorities. In recognition of the possible abuse, jurisprudence dictates that at all times, it is required that probable cause exist in order to justify the warrantless search of a vehicle. (Emphasis supplied.)While the ponencia was able to cite jurisprudence to the effect that tipped information is insufficient and police officers must have personal knowledge of facts giving them probable cause to conduct a search, the Court also cannot simply disregard long standing jurisprudence holding that probable cause may be based on reliable, confidential information received by police.
Said information was received by SPO1 Mariano the very same morning he was waiting for a ride in Banaue to report for work in Lagawe, the capital town of Ifugao province. Thus, faced with such on-the-spot information, the law enforcer had to respond quickly to the call of duty. Obviously, there was not enough time to secure a search warrant considering the time involved in the process. In fact, in view of the urgency of the case, SPO1 Mariano together with the civilian "asset" proceeded immediately to Hingyon, Ifugao to pursue the drug trafficker. In Hingyon, he flagged down buses bound for Baguio City and Manila, and looked for the person described by the informant. It must be noted that the target of the pursuit was just the "thin Ilocano person with a green bag" and no other. And so, when SPO1 Mariano inspected the bus bound for Manila, he just singled out the passenger with the green bag. Evidently, there was definite information of the identity of the person engaged in transporting prohibited drugs at a particular time and place. SPO1 Mariano had already an inkling of the identity of the person he was looking for. As a matter of fact, no search at all was conducted on the baggages of other passengers. Hence, appellant's claim that the arresting officer was only fishing for evidence of a crime has no factual basis.In that case, we deemed the accused caught in flagrante since he was carrying marijuana at the time of his arrest.
It is well to remember that on October 26, 2005, the night before appellant's arrest, the police received information that marijuana was to be transported from Barangay Balbalayang, and had set up a checkpoint around the area to intercept the suspects. At dawn of October 27, 2005, PO2 Pallayoc met the secret agent from the Barangay Intelligence Network, who informed him that a baggage of marijuana was loaded on a passenger jeepney about to leave for the poblacion. Thus, PO2 Pallayoc had probable cause to search the packages allegedly containing illegal drugs.Meanwhile, in People v. Quebral,20 where police officers acted on an informer's report that two (2) men and a woman on board an owner type jeep with a specific plate number would deliver shabu at a gas station, we explained: ChanRoblesVirtualawlibrary
As the lower court aptly put it in this case, the law enforcers already had an inkling of the personal circumstances of the persons they were looking for and the criminal act they were about to commit. That these circumstances played out in their presence supplied probable cause for the search. The police acted on reasonable ground of suspicion or belief supported by circumstances sufficiently strong in themselves to warrant a cautious man to believe that a crime has been committed or is about to be committed. Since the seized shabu resulted from a valid search, it is admissible in evidence against the accused. (Emphasis supplied.)The citations may go on and on.21 From the foregoing cases, it is clear that police officers, acting on a tip from an informant, may lawfully apprehend drug offenders.
The corroboration of the letter's predictions that the Gateses' car would be in Florida, that Lance Gates would fly to Florida in the next day or so, and that he would drive the car north toward Bloomingdale all indicated, albeit not with certainty, that the informant's other assertions also were true. "[B]ecause an informant is right about some things, he is more probably right about other facts"27 x x x including the claim regarding the Gateses' illegal activity.28Relating this principle to the present case, the anonymous tip received by the police officers turned out to be accurate as their on-site investigation showed. There was a passenger jeepney with plate number AYA 270 bound for Roxas, lsabela that passed through their checkpoint. There was a man on board fitting the description in the anonymous tip who had a blue sack. That blue sack indeed contained illegal drugs, a large and hard to ignore quantity of it. All of these facts came to the personal knowledge of the arresting officers upon investigation of the tip.
This totality-of-the-circumstances approach is far more consistent with our prior treatment of probable cause than is any rigid demand that specific "tests" be satisfied by every informant's tip. Perhaps the central teaching of our decisions bearing on the probable cause standard is that it is a "practical, nontechnical conception."The ponencia acknowledges that jurisprudence on this matter is divergent but has now set in stone that a confidential tip is insufficient to establish probable cause to conduct a warrantless search. It holds that despite the detailed nature of a tip, it must be accompanied by other circumstances that come to the arresting officers' personal knowledge, such as the observation that the person might be a drug user as in People v. Manalili30 or was otherwise acting suspiciously as in People v. Tangliben31 and the other cases cited in the ponencia.
In dealing with probable cause,... as the very name implies, we deal with probabilities. These are not technical; they are the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act. Our observation in United States v. Cortez, regarding "particularized suspicion," is also applicable to the probable cause standard: ChanRoblesVirtualawlibrary"The process does not deal with hard certainties, but with probabilities. Long before the law of probabilities was articulated as such, practical people formulated certain common sense conclusions about human behavior; jurors as factfinders are permitted to do the same - and so are law enforcement officers. Finally, the evidence thus collected must be seen and weighed not in terms of library analysis by scholars, but as understood by those versed in the field of law enforcement."As these comments illustrate, probable cause is a fluid concept - turning on the assessment of probabilities in particular factual contexts - not readily, or even usefully, reduced to a neat set of legal rules. Informants' tips doubtless come in many shapes and sizes from many different types of persons. As we said in Adams v. Williams: ChanRoblesVirtualawlibrary"Informants' tips, like all other clues and evidence coming to a policeman on the scene, may vary greatly in their value and reliability."
Rigid legal rules are ill-suited to an area of such diversity. "One simple rule will not cover every situation."29 (Emphasis supplied; citations omitted.)
Further, in the conduct of bus searches, the Court lays down the following guidelines. Prior to entry, passengers and their bags and luggages can be subjected to a routine inspection akin to airport and seaport security protocol. In this regard, metal detectors and x-ray scanning machines can be installed at bus terminals. Passengers can also be frisked. In lieu of electronic scanners, passengers can be required instead to open their bags and luggages for inspection, which inspection must be made in the passenger's presence. Should the passenger object, hem she can validly be refused entry into the terminal.Verily, Saluday considers the opening and inspection of a passenger's bag/belongings by authorities in a public place or on board public transportation as a reasonable and minimally intrusive search.
While in transit, a bus can still be searched by government agents or the security personnel of the bus owner in the following three instances. First, upon receipt of information that a passenger carries contraband or illegal articles, the bus where the passenger is aboard can be stopped en route to allow for an inspection of the person and his or her effects. This is no different from an airplane that is forced to land upon receipt of information about the contraband or illegal articles carried by a passenger onboard. Second, whenever a bus picks passengers en route, the prospective passenger can be frisked and his or her bag or luggage be subjected to the same routine inspection by government agents or private security personnel as though the person boarded the bus at the terminal. This is because unlike an airplane, a bus is able to stop and pick passengers along the way, making it possible for these passengers to evade the routine search at the bus terminal. Third, a bus can be flagged down at designated military or police checkpoints where State agents can board the vehicle for a routine inspection of the passengers and their bags or luggages.44 (Emphasis in the original; underscoring supplied.)
Endnotes:
1 Italics added.
2United States v. Sokolow, 490 US 1 (1989).
3Id.
4 https://supreme.justia.com /cases/federal/us/500/565/
5Saluday v. People, G.R. No. 215305, April 3, 2018.
6 G.R. No. 213225, April 4, 2018.
7Id.
8 443 Phil. 506 (2003).
9 Referring to People v. Claudio, 243 Phil. 795 (1988), wherein a policeman accosted a fellow passenger on a public bus who was acting suspiciously.
10See, People v. Maspil, Jr., 266 Phil. 815 (1990).
11See, People v. v. Lo Ho Wing, 271 Phil. 120, (1991).
12See, People v. Saycon y Baquiran, 306 Phil. 359 (1994).
13 Referring to People v. Balingan y Bobbonan, 311 Phil. 290 (1995).
14See, People v. Valdez, 363 Phil. 481 (1990).
15 635 Phil. 315 (2010).
16 558 Phil. 759 (2007).
17 288 Phil. 828 (1992).
18 Supra note 9.
19 635 Phil. 315 (2010).
20 621 Phil. 226 (2009).
21Macad v. People, G.R. No. 227366, August 01, 2018; Veridiano v. People, G.R. No. 200370, June 07, 2017; People v. Macalaba, 443 Phil. 565 (2003); Caballes v. People, 424 Phil. 263 (2002).
22 378 US 108 (1964).
23 380 US 102 (1965).
24 462 US 213 (1983).
25Ponencia, p. 12.
26 462 US 213, 238.
27 Citing Spinelli v. United States, 393 US 410, 427 (1969).
28 462 US 213, 244.
29 62 US 213, 230.
30 345 Phil. 632 (1997).
31 G.R. No. L-63630, April 6, 1990.
32People v. Cabel y Iwag, 347 Phil. 82 (1997).
33 306 Phil. 359 (1994).
34People v. O'Cochlain, G.R. No. 229071, December 10, 2018.
35People v. Mantilla y Gatdula, 349 Phil. 640 (1998).
36 G.R. No. 215305, April 3, 2018.
37 740 Phil. 212 (2014).
38 TSN dated November 9, 2015, p. 121.
39Ponencia, p. 29.
40 793 Phil. 505 (2016).
41 264 Phil. 265 (1990).
42 424 Phil. 263, (2002).
43Saluday v. People, G.R. No. 215305, April 3, 2018.
44Id.
45See, for example, People v. Dela Cruz, G.R. No. 229053, July 17, 2019.
The ponencia reversed the conviction of the accused for the crime of illegal transportation of dangerous drugs on the ground that the contraband was obtained in violation of the right against unreasonable searches. It pointed out that the police conducted a warrantless intrusive search of a vehicle based solely on an unverified tip from an anonymous informant. Also, there was no consented warrantless search but a mere passive conformity within a coercive and intimidating environment.
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 he resolved according to the facts of each case.1
To emphasize, a reasonable search, on the one hand, and a warrantless search, on the other, are mutually exclusive. While both State intrusions are valid even without a warrant, the underlying reasons for the absence of a warrant are different. A reasonable search arises from a reduced expectation of privacy, for which reason Section 2, Article III of the Constitution finds no application. Examples include searches clone at airports, seaports, bus terminals, malls, and similar public places. In contrast, a warrantless search is presumably an "unreasonable search," but for reasons of practicality, a search warrant can be dispensed with. Examples include search incidental to a lawful arrest, search of evidence in plain view, consented search, and extensive search of a private moving vehicle. (Emphases Supplied).Moreover, we clarified that the constitutional guarantee under Section 2, Article III of the Constitution3 is not a blanket prohibition. Rather, it operates against "unreasonable" searches and seizures only. Thus, the general rule is that no search can be made without a valid warrant subject to certain legal and judicial exceptions.4 Otherwise, any evidence obtained is inadmissible in any proceeding.5 On the other hand, the recognized exceptions do not apply when the search is "reasonable" simply because there is nothing to exempt.
In view of the foregoing, the bus inspection conducted by Task Force Davao at a military checkpoint constitutes a reasonable search. Bus No. 66 of Davao Metro Shuttle was a vehicle of public transportation where passengers have a reduced expectation of privacy. Further, SCAA Buco merely lifted petitioner's bag. This visual and minimally intrusive inspection was even less than the standard x-ray and physical inspections done at the airport and seaport terminals where passengers may further be required to open their bags and luggages. Considering the reasonableness of the bus search, Section 2, Article III of the Constitution finds no application, thereby precluding the necessity for a warrant. (Emphases Supplied)In that case, we likewise formulated guidelines in conducting reasonable searches of public transport buses and any moving vehicle that similarly accepts passengers at the terminal and along its route, to wit: ChanRoblesVirtualawlibrary
Further, in the conduct of bus searches, the Court lays down the following guidelines. Prior to entry, passengers and their bags and luggages can be subjected to a routine inspection akin to airport and seaport security protocol. In this regard, metal detectors and x-ray scanning machines can be installed at bus terminals. Passengers can also be frisked. In lieu of electronic scanners, passengers can be required instead to open their bags and luggages for inspection, which inspection must be made in the passenger's presence. Should the passenger object, he or she can validly be refused entry into the terminal.Applying these guidelines, it becomes clearer that what happened is a reasonable search. First, the accused is on board a passenger jeepney or a vehicle of public transportation where passengers have a reduced expectation of privacy. Second, the authorities properly set up a checkpoint. The guidelines in Saluday are explicit that upon receipt of information that a passenger is carrying contraband, the law enforcers are authorized to stop the vehicle en route to allow for an inspection of the person and his or her effects. Third, the police did not perform an intrusive search of the jeepney but merely inquired by asking about the ownership of the blue sack which the accused admitted. As such, Section 2, Article III of the Constitution finds no application in the reasonable search conducted in this case. Corollarily, there is no need to discuss whether the law enforcers have probable cause to search the vehicle. The requirement of probable cause is necessary in applications for search warrant and warrantless searches but not to a reasonable search. Otherwise, to require probable cause before the authorities could conduct a search, no matter how reasonable, would cripple law enforcement resulting in non-action and dereliction of duty. It must be emphasized that police officers are duty bound to respond to any information involving illegal activities. But the involution of intelligence materials obliges them to be discerning and vigilant in scintillating truthful information from the false ones.
While in transit, a bus can still be searched by government agents or the security personnel of the bus owner in the following three instances. First, upon receipt of information that a passenger carries contraband or illegal articles, the bus where the passenger is aboard can be stopped en route to allow for an inspection of the person and his or her effects. This is no different from an airplane that is forced to land upon receipt of information about the contraband or illegal articles carried by a passenger onboard. Second, whenever a bus picks passengers en route, the prospective passenger can be frisked and his or her bag or luggage be subjected to the same routine inspection by government agents or private security personnel as though the person boarded the bus at the terminal. This is because unlike an airplane, a bus is able to stop and pick passengers along the way, making it possible for these passengers to evade the routine search at the bus terminal. Third, a bus can be flagged down at designated military or police checkpoints where State agents can board the vehicle for a routine inspection of the passengers and their bags or luggages.
In both situations, the inspection of passengers and their effects prior to entry at the bus terminal and the search of the bus while in transit must also satisfy the following conditions to qualify as a valid reasonable search. First, as to the manner of the search, it must be the least intrusive and must uphold the dignity of the person or persons being searched, minimizing, if not altogether eradicating, any cause for public embarrassment, humiliation or ridicule. Second, neither can the search result from any discriminatory motive such as insidious profiling, stereotyping and other similar motives. In all instances, the fundamental rights of vulnerable identities, persons with disabilities, children and other similar groups should be protected. Third, as to the purpose of the starch, it must be confined to ensuring public safety. Fourth, as to the evidence seized from the reasonable search, courts must be convinced that precautionary measures were in place to ensure that no evidence was planted against the accused.
The search of persons in a public place is valid because the safety of others may be put at risk. Given the present circumstances, the Court takes judicial notice that public transport buses and their terminals, just like passenger ships and seaports, are in that category.
Aside from public transport buses, any moving vehicle that similarly accepts passengers at the terminal and along its route is likewise covered by these guidelines. Hence, whenever compliant with these guidelines, a routine inspection at the terminal or of the vehicle itself while in transit constitutes a reasonable search. Otherwise, the intrusion becomes unreasonable, thereby triggering the constitutional guarantee under Section 2, Article III of the Constitution. (Emphases Supplied)
Endnotes:
1 Valmonte v. De Villa, G.R. No. 83988, September 29, 1989, citing U.S. v. Robinwitz, N.Y., 70 S. Crt. 430, 339 U.S. 56, 94 L. Ed. 653; Harries v. U.S., Okl.,67 S. Ct. 1098 & 331 U.S. 145, 94 L. Ed. 1871; and Martin v. U.S., C.A. Va., 183 F2d 436; 66, 79 C.J.S., 835-836.
2 G.R. No. 215305, April 3, 2018.
3 The 1987 Constitution, Article III, Section 2 provides that [t]he right of the people to be secure in their persons. houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant or arrest shall issue except upon probable cause to be determined personally by the judge aller examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. Notably, this right has been included in the Philippine Constitution since 1899 through the Malolos Constitution and has been incorporated in the various organic laws governing the Philippines during the American colonization, the 1935 Constitution, and the 1973 Constitution.
4 The exceptions include: (1) search incidental to a lawful arrest; (2) search of moving vehicles; (3) seizure in plain view; (4) customs searches; (5) consented warrantless search; (6) stop and frisk; and (7) exigent and emergency circumstances. In Valmonte v. De Villa, 258 Phil. 838 (1989), the Supreme Court held that not all searches are prohibited. Those which are reasonable are not forbidden. See also Esquillo v. People, G.R. No. 182010, August 25, 2010; People v. Nuevas, 545 Phil. 356 (2007), People v. Aruta, 351 Phil. 868 (1998).
5 The 1987 Constitution, Article III, Section 2(3) provides an exclusionary rule which instructs that evidence obtained and confiscated on the occasion or such unreasonable searches and seizures are deemed tainted and should be excluded for being the proverbial fruit of a poisonous tree. In other words, evidence obtained from unreasonable searches and seizures shall be inadmissible in evidence for any purpose in any proceeding. See Comerciante v. People, G.R. No. 205926, July 22, 2015, citing Ambre v. People, 692 Phil. 681 (2012).
6 In the seminal case of Katz v. United States, 389 U.S. 347 (1967), the U.S. Supreme Court held that the electronic surveillance of a phone conversation without a warrant violated the fourth Amendment. According to the U.S. Supreme Court, what the fourth Amendment protects are people, not places such that what a person knowingly exposes to the public even in his or her own home or office, is not a subject of fourth Amendment protection in much the same way that what he or she seeks to preserve as private, even in an area accessible to the public may be constitutionally protected. Further, Justice John Harlan laid down in his concurring opinion the two-part test that would trigger the application of the Fourth Amendment. First, a person exhibited an actual (subjective) expectation of privacy. Second, the expectation is one that society is prepared to recognize as reasonable (objective).
7 In People v. Johnson, 401 Phil. 734 (2000), the Court declared airport searches as outside the protection of the search and seizure clause clue to the lack of an expectation of privacy that society will regard as reasonable. In Dela Cruz v. People, 776 Phil. 653 (2016), the Court described seaport searches as reasonable searches on the ground that the safety of the traveling public overrides a person's right to privacy. In People v. Breis, 766 Phil. 785 (2015), the Court also justified a bus search owing to the reduced expectation of privacy of the riding public.
8 It is a part of the Bill of Rights in the United States Constitution which provides that the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
9 G.R. No. 123872, January 30, 1998.
10 People v. Malasugui, G.R. No. L-44335, July 30, 1936, citing United States v. Snyder (278 Fed., 650).
11 G.R. No. 83988, September 29, 1989.
12 Valmonte v. De Villa, G.R. No. 83988, May 24, 1990.
GAERLAN, J.:
I concur with the ponencia of our esteemed colleague Justice Alfredo Benjamin S. Caguioa. The circumstances leading to the apprehension of appellant Jerry Sapla (Sapla) are tainted with constitutional infirmities which render his conviction invalid. Nevertheless, I find it necessary to raise a few points regarding traffic stops and constitutionally permissible searches of a moving automobile.
I submit that despite the absence of any citation of sources, the conception of a moving vehicle search in People v. Comprado1 is nevertheless supported by applicable jurisprudence. For reference, that case described moving vehicle searches in this manner:
The search in this case, however, could not be classified as a search of a moving vehicle. In this particular type of search, the vehicle is the target and not a specific person. Further, in search of a moving vehicle, the vehicle was intentionally used as a means to transport illegal items. It is worthy to note that the information relayed to the police officers was that a passenger of that particular bus was carrying marijuana such that when the police officers boarded the bus, they searched the bag of the person matching the description given by their informant and not the cargo or contents of the said bus. Moreover, in this case, it just so happened that the alleged drug courier was a bus passenger. To extend to such breadth the scope of searches on moving vehicles would open the floodgates to unbridled warrantless searches which can be conducted by the mere expedient of waiting for the target person to ride a motor vehicle, setting up a checkpoint along the route of that vehicle, and then stopping such vehicle when it arrives at the checkpoint in order to search the target person.2American jurisprudence cites three bases for the constitutionality of a warrantless search of an automobile in motion. First, the "ready mobility" of automobiles, and the consequent utility thereof in the transport of contraband, makes it impracticable for police officers to secure a warrant prior to stopping and searching an automobile.3 Second, there is a lesser expectation of privacy with respect to an automobile as compared to a dwelling or an office;4 and third, related to the first two bases, is the "pervasive regulation of vehicles capable of traveling on the public highways". On this point, The Supreme Court of the United States (SCOTUS) noted that "automobiles x x x are subjected to pervasive and continuing governmental regulation and controls, including periodic inspection and licensing requirements."5 As such, American jurisprudence on automobile searches and seizures amply illustrates how the automobile exception is rooted in the attributes of ready mobility and pervasive state regulation, which are inherent and unique to automobiles. The cases likewise recognize that perpetrators intentionally utilize these unique attributes of automobiles as a means for committing or concealing crimes. These jurisprudential insights find concrete expression in the aforequoted statements in Comprado.
"Some tips, completely lacking in indicia of reliability, would either warrant no police response or require further investigation before a forcible stop of a suspect would be authorized x x x." Simply put, a tip such as this one, standing alone, would not "warrant a man of reasonable caution in the belief that [a stop] was appropriate."9In the case at bar, the ponencia has more than adequately shown that the anonymous tip relied upon by the police when they arrested appellant Sapla is utterly unreliable. Standing alone, it cannot, therefore, validate the automobile search and subsequent arrest of Sapla.
Endnotes:
1People v. Comprado, G.R. No. 213225, April 4, 2018, 860 SCRA 420.
2 Id. at 440-441.
3Carroll v. United States, 267 U.S. 132 (1925).
4California v. Carney, 471 U.S. 386, 391-393 (1985).
5South Dakota v. Opperman, 428 U.S. 364, 368 (1976).
6 682 N.E.2d 1268 (1997), citing Alabama v. White, 496 U.S. 325, 329-30 (1990).
7Navarette v. California, 134 S.Ct. 1683 (2014); Florida v. JL, 529 U.S. 266 (2000).
8Alabama v. White, supra; Illinois v. Gates, 462 U.S. 213 (1983).
9 Id. at 329. Citations omitted.chanRoblesvirtualLawlibrary