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3.
Nature: This is an appeal on the decision of the RTC finding the accused
Valdez guilty of the crime of illegal transport of marijuana leaves.
Facts:
In the morning of September 1, 1994, SPO1 Mariano was waiting
for a ride to report for work when a civilian asset approached him and
informed him that an Ilocano person was ready to transport marijuana. The
civilian asses described the physical appearance of the suspect as thin and
in possession of a green bag. Together they looked for such person and
boarded and a bus and looked for the person from among the passengers
and noticed him holding a green bag. SPO1 Mariano immediately ordered
him to get out of the bus and once outside, he ordered him to open the bag
and saw a water jug colored red and white and a lunch box which contained
marijuana leaves. SPO1 Mariano turned over the accused to his superior
including the contents of the green bag.
Valdezs contention: He was invited to attend a birthday celebration.
Because of too much intake of liquor (hangover), he felt groggy and sat
alone in a seat near the window. His bag was placed on the right side and
the green bag was place under the seat to the right. Feeling sleepy, he
noticed somebody or a passenger seated beside him but later on noticed
that he was gone and a tap on his shoulder awakened him. He saw two
persons standing and he thought at first that Mariano was the bus inspector
as he was in fatigue uniform. When asked if he was the owner of the bag, he
told them that he didnt know and there was a fellow seated next to him but
was gone. He was forced to declare that he was the owner of the bag and
the two policemen were the ones who opened the bag. The marijuana
allegedly seized from him was a product of an unlawful search, hence,
inadmissible in evidence.
Issue: WON the arrest and the search was illegal and the evidences
obtained were inadmissible?
Held: NO
1.
The accused fits the description of the civilian asset. Since there
was a valid warrantless search by the police officer, any evidence obtained
during the course of said search is admissible. When Valdez was asked to
get off the bus and bring his bag, he brought with him said bag. If the bag
was not his, he should not have taken it with him in alighting from the bus. An
alibi, if not substantiated by clear and convincing evidence, is negative and
self-serving evidence bearing no weight in law.
4.
Facts:
2nd Issue:
1.
There was no warrant of arrest and the warrantless arrest did not
fall under the exemptions allowed by the Rules of Court. The search was
nothing but a fishing expedition. After introducing themselves, the police
officers immediately inquired about the contents of the bag. What else could
have impelled the officers from displaying such inordinate interest in the bag
but to ferret out evidence and discover if a felony had indeed been
committed by CHUA -- in effect to "retroactively establish probable cause and
validate an illegal search and seizure.
3rd Issue:
1.
1.
Held:
1st Issue