Republic of the Philippines

SUPREME COURT
Manila
EN BANC

G.R. No. 91107 June 19, 1991
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
MIKAEL MALMSTEDT, *defendant-appellant.
The Solicitor General for plaintiff-appellee.
Romulo, Mabanta, Buenaventura, Sayoc & De los Aneles for !efen!ant-appellant.

PADILLA, J.:p
In an information dated ! "une #$#, accused-appellant Mi%ael Malmstedt
&hereinafter referred to as the accused' (as char)ed before the Re)ional *rial Court
&R*C' of +a *rinidad, Ben)uet, Branch ,, in Criminal Case No. $#-CR-,--., for
violation of /ection 0, Art. II of Republic Act -01!, as amended, other(ise %no(n as
the 2an)erous 2ru)s Act of #31, as amended. *he factual bac%)round of the case is
as follo(s4
Accused Mi%ael Malmstedt, a /(edish national, entered the Philippines for the third
time in 2ecember #$$ as a tourist. 5e had visited the countr6 sometime in #$1 and
#$!.
In the evenin) of 3 Ma6 #$#, accused left for Ba)uio Cit6. 7pon his arrival thereat in
the mornin) of the follo(in) da6, he too% a bus to /a)ada and sta6ed in that place for
t(o &1' da6s.
At around 34,, o8cloc% in the mornin) of Ma6 #$#, accused (ent to the
Nan)ono)an bus stop in /a)ada to catch the first available trip to Ba)uio Cit6. 9rom
Ba)uio Cit6, accused planned to ta%e a late afternoon trip to An)eles Cit6, then
proceed to Manila to catch his fli)ht out of the countr6, scheduled on . Ma6 #$#.
9rom /a)ada, accused too% a /%6line bus (ith bod6 number $,,! and Plate number
A:C #,1.
1
At about $4 ,, o8cloc% in the mornin) of that same da6 & Ma6 #$#', Captain Alen
:asco, the Commandin) ;fficer of the 9irst Re)ional Command &NARC;M' stationed
at Camp 2an)(a, ordered his men to set up a temporar6 chec%point at <ilometer 0,
Acop, *ubla6, Mountain Province, for the purpose of chec%in) all vehicles comin) from
the Cordillera Re)ion. *he order to establish a chec%point in the said area (as
prompted b6 persistent reports that vehicles comin) from /a)ada (ere transportin)
mari=uana and other prohibited dru)s. Moreover, information (as received b6 the
Commandin) ;fficer of NARC;M, that same mornin), that a Caucasian comin) from
/a)ada had in his possession prohibited dru)s.

*he )roup composed of seven &3' NARC;M officers, in coordination (ith *ubla6
Police /tation, set up a chec%point at the desi)nated area at about ,4,, o8cloc% in the
mornin) and inspected all vehicles comin) from the Cordillera Re)ion.
At about 4., o8cloc% in the afternoon, the bus (here accused (as ridin) (as stopped.
/)t. 9ider and CIC >alutan boarded the bus and announced that the6 (ere members
of the NARC;M and that the6 (ould conduct an inspection. *he t(o &1' NARC;M
officers started their inspection from the front )oin) to(ards the rear of the bus.
Accused (ho (as the sole forei)ner ridin) the bus (as seated at the rear thereof.
2urin) the inspection, CIC >alutan noticed a bul)e on accused8s (aist. /uspectin) the
bul)e on accused8s (aist to be a )un, the officer as%ed for accused8s passport and
other identification papers. ?hen accused failed to compl6, the officer re@uired him to
brin) out (hatever it (as that (as bul)in) on his (aist. *he bul)in) ob=ect turned out
to be a pouch ba) and (hen accused opened the same ba), as ordered, the officer
noticed four &0' suspicious-loo%in) ob=ects (rapped in bro(n pac%in) tape, promptin)
the officer to open one of the (rapped ob=ects. *he (rapped ob=ects turned out to
contain hashish, a derivative of mari=uana.
*hereafter, accused (as invited outside the bus for @uestionin). But before he ali)hted
from the bus, accused stopped to )et t(o &1' travellin) ba)s from the lu))a)e carrier.
7pon steppin) out of the bus, the officers )ot the ba)s and opened them. A tedd6 bear
(as found in each ba). 9eelin) the tedd6 bears, the officer noticed that there (ere
bul)es inside the same (hich did not feel li%e foam stuffin). It (as onl6 after the
officers had opened the ba)s that accused finall6 presented his passport.
Accused (as then brou)ht to the head@uarters of the NARC;M at Camp 2an)(a, +a
*rinidad, Ben)uet for further investi)ation. At the investi)ation room, the officers
opened the tedd6 bears and the6 (ere found to also contain hashish. Representative
samples (ere ta%en from the hashish found amon) the personal effects of accused
and the same (ere brou)ht to the PC Crime +aborator6 for chemical anal6sis.
In the chemistr6 report, it (as established that the ob=ects eAamined (ere hashish. a
prohibited dru) (hich is a derivative of mari=uana. *hus, an information (as filed
a)ainst accused for violation of the 2an)erous 2ru)s Act.
1
2urin) the arrai)nment, accused entered a plea of Bnot )uilt6.B 9or his defense, he
raised the issue of ille)al search of his personal effects. 5e also claimed that the
hashish (as planted b6 the NARC;M officers in his pouch ba) and that the t(o &1'
travellin) ba)s (ere not o(ned b6 him, but (ere merel6 entrusted to him b6 an
Australian couple (hom he met in /a)ada. 5e further claimed that the Australian
couple intended to ta%e the same bus (ith him but because there (ere no more seats
available in said bus, the6 decided to ta%e the neAt ride and as%ed accused to ta%e
char)e of the ba)s, and that the6 (ould meet each other at the 2an)(a /tation.
+i%e(ise, accused alle)ed that (hen the NARC;M officers demanded for his passport
and other Identification papers, he handed to one of the officers his pouch ba) (hich
(as han)in) on his nec% containin), amon) others, his passport, return tic%et to
/(eden and other papers. *he officer in turn handed it to his companion (ho brou)ht
the ba) outside the bus. ?hen said officer came bac%, he char)ed the accused that
there (as hashish in the ba). 5e (as told to )et off the bus and his picture (as ta%en
(ith the pouch ba) placed around his nec%. *he trial court did not )ive credence to
accused8s defense.
*he claim of the accused that the hashish (as planted b6 the NARC;M officers, (as
belied b6 his failure to raise such defense at the earliest opportunit6. ?hen accused
(as investi)ated at the Provincial 9iscal8s ;ffice, he did not inform the 9iscal or his
la(6er that the hashish (as planted b6 the NARC;M officers in his ba). It (as onl6
t(o &1' months after said investi)ation (hen he told his la(6er about said claim,
den6in) o(nership of the t(o &1' travellin) ba)s as (ell as havin) hashish in his pouch
ba).
In a decision dated 1 ;ctober #$#, the trial court found accused )uilt6 be6ond
reasonable doubt for violation of the 2an)erous 2ru)s Act, specificall6 /ection 0, Art. II
of RA -01!, as amended.
!
*he dispositive portion of the decision reads as follo(s4
?5ERE9;RE, findin) the )uilt of the accused Mi%ael Malmstedt established be6ond
reasonable doubt, this Court finds him >7I+*C of violation of /ection 0, Article of
Republic Act -01!, as amended, and hereb6 sentences him to suffer the penalt6 of life
imprisonment and to pa6 a fine of *(ent6 *housand Pesos &P1,,,,,.,,', (ith
subsidiar6 imprisonment in case of insolvenc6 and to pa6 the costs.
+et the hashish sub=ect of this case be turned over to the 9irst Narcotics Re)ional 7nit
at Camp BadoD 2an)(a, +a *rinidad Ben)uet for proper disposition under /ection 1,,
Article I: of Republic Act -01!, as amended.
/; ;R2ERE2.
"
/ee%in) the reversal of the decision of the trial court findin) him )uilt6 of the crime
char)ed, accused ar)ues that the search of his personal effects (as ille)al because it
(as made (ithout a search (arrant and, therefore, the prohibited dru)s (hich (ere
discovered durin) the ille)al search are not admissible as evidence a)ainst him.
*he Constitution )uarantees the ri)ht of the people to be secure in their persons,
houses, papers and effects a)ainst unreasonable searches and seiEures.
#
5o(ever,
(here the search is made pursuant to a la(ful arrest, there is no need to obtain a
search (arrant. A la(ful arrest (ithout a (arrant ma6 be made b6 a peace officer or a
private person under the follo(in) circumstances.
$
/ec. ! Arrest "ithout "arrantD "hen la"ful. FF A peace officer or a private person ma6,
(ithout a (arrant, arrest a person4
&a' ?hen, in his presence, the person to be arrested has committed is actuall6
committin), or is attemptin) to commit an offenseD
&b' ?hen an offense has in fact =ust been committed, and he has personal %no(led)e
of facts indicatin) that the person to be arrested has committed itD and
&c' ?hen the person to be arrested is a prisoner (ho has escaped from a penal
establishment or place (here he is servin) final =ud)ment or temporaril6 confined (hile
his case is pendin), or has escaped (hile bein) transferred from one confinement to
another.
In cases fallin) under para)raphs &a' and &b' hereof, the person arrested (ithout a
(arrant shall be forth(ith delivered to the nearest police station or =ail, and he shall be
proceeded a)ainst in accordance (ith Rule 1, /ection 3. &-a 3a'.
Accused (as searched and arrested (hile transportin) prohibited dru)s &hashish'. A
crime (as actuall6 bein) committed b6 the accused and he (as cau)ht in flarante
!elicto. *hus, the search made upon his personal effects falls s@uarel6 under
para)raph &' of the fore)oin) provisions of la(, (hich allo( a (arrantless search
incident to a la(ful arrest.
7
?hile it is true that the NARC;M officers (ere not armed (ith a search (arrant (hen
the search (as made over the personal effects of accused, ho(ever, under the
circumstances of the case, there (as sufficient probable cause for said officers to
believe that accused (as then and there committin) a crime.
Probable cause has been defined as such facts and circumstances (hich could lead a
reasonable, discreet and prudent man to believe that an offense has been committed,
and that the ob=ects sou)ht in connection (ith the offense are in the place sou)ht to be
searched.
%
*he re@uired probable cause that (ill =ustif6 a (arrantless search and
seiEure is not determined b6 an6 fiAed formula but is resolved accordin) to the facts of
each case.
9
?arrantless search of the personal effects of an accused has been declared b6 this
Court as valid, because of eAistence of probable cause, (here the smell of mari=uana
emanated from a plastic ba) o(ned b6 the accused,
10
or (here the accused (as
actin) suspiciousl6,
11
and attempted to flee.
1
2
Aside from the persistent reports received b6 the NARC;M that vehicles comin) from
/a)ada (ere transportin) mari=uana and other prohibited dru)s, their Commandin)
;fficer also received information that a Caucasian comin) from /a)ada on that
particular da6 had prohibited dru)s in his possession. /aid information (as received
b6 the Commandin) ;fficer of NARC;M the ver6 same mornin) that accused came
do(n b6 bus from /a)ada on his (a6 to Ba)uio Cit6.
?hen NARC;M received the information, a fe( hours before the apprehension of
herein accused, that a Caucasian travellin) from /a)ada to Ba)uio Cit6 (as carr6in)
(ith him prohibited dru)s, there (as no time to obtain a search (arrant. In the
Tanliben case,
1!
the police authorities conducted a surveillance at the :ictor6 +iner
*erminal located at B)6. /an Nicolas, /an 9ernando Pampan)a, a)ainst persons
en)a)ed in the traffic of dan)erous dru)s, based on information supplied b6 some
informers. Accused *an)liben (ho (as actin) suspiciousl6 and pointed out b6 an
informer (as apprehended and searched b6 the police authorities. It (as held that
(hen faced (ith on-the-spot information, the police officers had to act @uic%l6 and
there (as no time to secure a search (arrant.
It must be observed that, at first, the NARC;M officers merel6 conducted a routine
chec% of the bus &(here accused (as ridin)' and the passen)ers therein, and no
eAtensive search (as initiall6 made. It (as onl6 (hen one of the officers noticed a
bul)e on the (aist of accused, durin) the course of the inspection, that accused (as
re@uired to present his passport. *he failure of accused to present his identification
papers, (hen ordered to do so, onl6 mana)ed to arouse the suspicion of the officer
that accused (as tr6in) to hide his identit6. 9or is it not a re)ular norm for an innocent
man, (ho has nothin) to hide from the authorities, to readil6 present his identification
papers (hen re@uired to do soG
*he receipt of information b6 NARC;M that a Caucasian comin) from /a)ada had
prohibited dru)s in his possession, plus the suspicious failure of the accused to
produce his passport, ta%en to)ether as a (hole, led the NARC;M officers to
reasonabl6 believe that the accused (as tr6in) to hide somethin) ille)al from the
authorities. 9rom these circumstances arose a probable cause (hich =ustified the
(arrantless search that (as made on the personal effects of the accused. In other
(ords, the acts of the NARC;M officers in re@uirin) the accused to open his pouch
ba) and in openin) one of the (rapped ob=ects found inside said ba) &(hich (as
discovered to contain hashish' as (ell as the t(o &1' travellin) ba)s containin) t(o &1'
tedd6 bears (ith hashish stuffed inside them, (ere prompted b6 accused8s o(n
attempt to hide his identit6 b6 refusin) to present his passport, and b6 the information
received b6 the NARC;M that a Caucasian comin) from /a)ada had prohibited dru)s
in his possession. *o deprive the NARC;M a)ents of the abilit6 and facilit6 to act
accordin)l6, includin), to search even (ithout (arrant, in the li)ht of such
circumstances, (ould be to sanction impotence and ineffectiveness in la(
enforcement, to the detriment of societ6.
?5ERE9;RE, premises considered, the appealed =ud)ment of conviction b6 the trial
court is hereb6 A99IRME2. Costs a)ainst the accused-appellant.
/; ;R2ERE2.
3