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People v. Malmstedt
[GR 91107, 19 June 1991]
En Banc, Padilla (J): 8 concur, 1 on leave
Facts: Mikael Malmstedt, a Swedish national, entered the Philippines
for the 3rd time in December 1988 as a tourist. He had visited the
country sometime in 1982 and 1985. In the evening of 7 May 1989,
Malmstedt left for Baguio City. Upon his arrival thereat in the morning
of the following day, he took a bus to Sagada and stayed in that place
for 2 days. On 11 May 1989, Capt. Alen Vasco of NARCOM, stationed
at Camp Dangwa, ordered his men to set up a temporary checkpoint
at Kilometer 14, Acop, Tublay, Mountain Province, for the purpose of
checking all vehicles coming from the Cordillera Region. The order to
1989, the trial court found Malmstedt guilty beyond reasonable doubt
for violation of Section 4, Article II of RA 6425 and sentenced him to
life imprisonment and to pay a fine of P20,000. Malmstedt sought
reversal of the decision of the trial court.
Issue: Whether the personal effects of Malmstedt may be searched
without an issued warrant.
Held: The Constitution guarantees the right of the people to be
secure in their persons, houses, papers and effects against
unreasonable searches and seizures. However, where the search is
made pursuant to a lawful arrest, there is no need to obtain a search
warrant. A lawful arrest without a warrant may be made by a peace
officer or a private person under the following circumstances. Section
5 provides that a peace officer or a private person may, without a
warrant, arrest a person (a) When, in his presence, the person to be
arrested has committed, is actually committing, or is attempting to
commit an offense; (b) When an offense has in fact just been
committed, and he has personal knowledge of facts indicating that
the person to be arrested has committed it; and (c) When the person
to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or
temporarily confined while his case is pending, or has escaped while
being transferred from one confinement to another. In cases falling
under paragraphs (a) and (b) hereof, the person arrested without a
warrant shall be forthwith delivered to the nearest police station or
jail, and he shall be proceeded against in accordance with Rule 112,
Section 7." Herein, Malmstedt was caught in flagrante delicto, when
he was transporting prohibited drugs. Thus, the search made upon his
personal effects falls squarely under paragraph (1) of the foregoing
provisions of law, which allow a warrantless search incident to a
lawful arrest.
People v. Musa
[GR 96177, 27 January 1993]
Third Division, Romero (J): 4 concur
Facts: On 13 December 1989, the Narcotics Command (NARCOM) in
Zamboanga City conducted surveillance and test buy on a certain
Morfe v. Mutuc
22 SCRA 424, January 31, 1968
J. Fernando
Facts: Section 7 of Republic Act No. 3019 (R.A. 3019), provides that
every public officer, ...after his assumption to office and within the
month of January of every other year thereafter, as well as upon the
termination of his position, shall prepare and file with the head of the
office to which he belongs, a true detailed and sworn statement of
assets and liabilities, including a statement of the amounts and
sources of his income, the amounts of his personal and family
expenses and the amount of income taxes paid for the next
preceding calendar year...
Jesus Morfe, disputing that such requirement is violative of due
process as an oppressive exercise of police power and as an unlawful
invasion of the constitutional right to privacy, implicit in the ban
against unreasonable search and seizure construed together with the
prohibition against self-incrimination, filed a petition for declaratory
relief before the Court of First Instance (CFI) of Pangasinan. After the
submission of pleadings and stipulation of facts, the CFI found for
1.
Rosalie Tesoro charged petitioner Hortencia Salazar for illegal
recruitment
before
the
Philippine
Overseas
Employment
Administration (POEA).
2.
Rosalie claims that upon arriving from Japan, Hortencia took
her PECC Card on the premise that Hortencia would find her another
booking in Japan. 9 months passed and there is still no booking.
Rosalie transferred to another agency but Hortencia would not give
her the PECC Card.
3.
The POEA ordered Hortencia to appear before the POEA AntiIllegal Recruitment Unit. That same day, public respondent,
Administrator Tomas D. Achacoso issued a CLOSURE AND SEIZURE
ORDER against Hortencia, having ascertained that the petitioner had
no license to operate a recruitment agency.
4.
Subsequently, a POEA group, assisted by Mandaluyong
policemen and mediamen, proceeded to the residence of the
Hortencia to implement the Closure and Seizure Order. There it was
found that petitioner was operating Hannalie Dance Studio.
5.
Inside the studio, the team chanced upon twelve talent
performers practicing a dance number and saw about twenty more
waiting outside. The team confiscated assorted costumes which were
duly receipted for by Mrs. Asuncion Maguelan and witnessed by Mrs.
Flora Salazar.
6.
Because of this event, Hortencia filed a letter with the POEA
requesting that the personal properties seized at her residence be
immediately returned.
Petitioners basis:
She has not been given any prior notice or hearing, hence the
Closure and Seizure Order violated "due process of law" guaranteed
under Sec. 1, Art. III, of the Philippine Constitution.
For the guidance of the bench and the bar, we reaffirm the
following principles:
1.
Under Article III, Section 2, of the l987 Constitution, it is only
judges, and no other, who may issue warrants of arrest and search:
2.
The exception is in cases of deportation of illegal and
undesirable aliens, whom the President or the Commissioner of
Immigration may order arrested, following a final order of
deportation, for the purpose of deportation.
obtaining in the present case, however, will readily show that the
same does not fall under any of the aforesaid exceptions.
otherwise known as the Dangerous Drugs Act. After trial, the Special
Criminal Court of Manila (Regional Trial Court, Branch XLIX) rendered
the decision, convicting Marti of violation of Section 21 (b), Article IV
in relation to Section 4, Article 11 and Section 2 (e)(i), Article 1 of
Republic Act 6425, as amended, otherwise known as the Dangerous
Drugs Act. Marti appealed.
Issue: Whether an act of a private individual, allegedly in violation of
the accused's constitutional rights, be invoked against the State.
Held: In the absence of governmental interference, the liberties
guaranteed by the Constitution cannot be invoked against the State.
The contraband herein, having come into possession of the
Government without the latter transgressing the accused's rights
against unreasonable search and seizure, the Court sees no cogent
reason why the same should not be admitted against him in the
prosecution of the offense charged. The mere presence of the NBI
agents did not convert the reasonable search effected by Reyes into a
warrantless search and seizure proscribed by the Constitution. Merely
to observe and look at that which is in plain sight is not a search.