Subject: Criminal Law II

Topic: Title II

People vs Chua Ho San

G.R. No. 128222

Facts:
In response to reports of rampant smuggling of firearms and other contraband, Chief of Police Jim
Lagasca Cid of Bacnotan Police Station, La Union began patrolling the Bacnotan coastline with his
officers. While monitoring the coastal area of Barangay Bulala, he intercepted a radio call at around
12:45 p.m. from Barangay Captain Juan Almoite of Barangay Tammocalao requesting for police
assistance regarding an unfamiliar speedboat the latter had spotted. According to Almoite, the vessel
looked different from the boats ordinarily used by fisherfolk of the area and was poised to dock at
Tammocalao shores. Cid and six of his men led by SPO1 Reynoso Badua, proceeded immediately to
Tammocalao beach and there conferred with Almoite. Cid then observed that the speedboat ferried a
lone male passenger, who was later identified as Chua Ho San. When the speedboat landed, the male
passenger alighted, carrying a multicolored strawbag, and walked towards the road. Upon seeing the
police officers, the man changed direction. Badua held Chua’s right arm to prevent him from fleeing.

They then introduced themselves as police officers; however, Chua did not understand what they’re
saying. And by resorting of “sign language”, Cid motioned with his hands for the man to open his bag.
The man acceded to the request. The said bag was found to contain several transparent plastics
containing yellowish crystalline substances, which was later identified to be methamphetamine
hydrochloride or shabu. Chua was then brought to Bacnotan Police Station, where he was provided with
an interpreter to inform him of his constitutional rights.

Issue: Whether or not the warrantless arrest, search and seizure conducted

by the Police Officers constitute a valid exemption from the warrant requirement?

Ruling:

No. The Court explains that the Constitution bars State intrusions to a person's body, personal effects or
residence except if conducted by virtue of a valid of a valid search warrant issued in accordance with
the Rules. However, warrantless searches may be permitted in the following cases, to wit:

(1) search of moving vehicles,

(2) seizure in plain view,
(3) customs searches,
(4) waiver or consent searches,
(5) stop and frisk situations (Terry search), and
(6) search incidental to a lawful arrest.

It is required in cases of in flagrante delicto that the arresting officer must have personal
knowledge of such facts or circumstances convincingly indicative or constitutive of probable
cause. Probable cause means a reasonable ground of suspicion supported 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. In the case at bar, there are no facts on record
reasonably suggestive or demonstrative of CHUA's participation in on-going criminal enterprise
that could have spurred police officers from conducting the obtrusive search. CHUA was not
identified as a drug courier by a police informer or agent. The fact that the vessel that ferried
him to shore bore no resemblance to the fishing boats of the area did not automatically mark
him as in the process of perpetrating an offense. With these, the Court held that there was no
probable cause to justify a search incidental to a lawful arrest.