The invalidity of an arrest leads to several consequences among which are: (a) the failure to acquire jurisdiction over the person of an accused; (b) criminal liability of law enforcers for illegal arrest; and (c) any search incident to the arrest becomes invalid thus rendering the evidence acquired as constitutionally inadmissible.
Lack of jurisdiction over the person of an accused as a result of an invalid arrest must be raised through a motion to quash before an accused enters his or her plea. Otherwise, the objection is deemed waived and an accused is "estopped from questioning the legality of his [or her] arrest."58
The voluntary submission of an accused to the jurisdiction of the court and his or her active participation during trial cures any defect or irregularity that may have attended an arrest. 59 The reason for this rule is that "the legality of an arrest affects only the jurisdiction of the court over the person of the accused."60
Nevertheless, failure to timely object to the illegality of an arrest does not preclude an accused from questioning the admissibility of evidence seized.61 The inadmissibility of the evidence is not affected when an accused fails to question the court's jurisdiction over his or her person in intimately manner. Jurisdiction over the person of an accused and the constitutional inadmissibility of evidence are separate and mutually exclusive consequences of an illegal arrest.
As a component of the right to privacy,62 the fundamental right against unlawful searches and seizures is guaranteed by no less than the Constitution. Article III, Section 2 of the Constitution provides:
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. 63
To underscore the importance of an individual's right against unlawful searches and seizures, Article III, Section 3(2) of the Constitution considers any evidence obtained in violation of this right as inadmissible. 64
The Constitutional guarantee does not prohibit all forms of searches and seizures.65 It is only directed against those that are unreasonable.66 Conversely, reasonable searches and seizures fall outside the scope of the prohibition and are not forbidden. 67
In People v. Aruta, 68 this Court explained that the language of the Constitution implies that "searches and seizures are normally unreasonable unless authorized by a validly issued search warrant or warrant of arrest."69 The requirements of a valid search warrant are laid down in Article III, Section 2 of the Constitution and reiterated in Rule 126, Section 4 of the Rules on Criminal Procedure. 70
However, People v. Cogaed71 clarified that there are exceptional circumstances "when searches are reasonable even when warrantless."72 The following are recognized instances of permissible warrantless searches laid down in jurisprudence:
(1) a "warrantless search incidental to a lawful arrest,"73
(2) search of "evidence in 'plain view,"'
(3) "search of a moving vehicle,"
(4) "consented warrantless search[es],"
(5) "customs search,"
(6) "stop and frisk," and
(7) "exigent and emergency circumstances."74
There is no hard and fast rule in determining when a search and seizure is reasonable. In any given situation, "[w]hat constitutes a reasonable ... search ... is purely a judicial question," the resolution of which depends upon the unique and distinct factual circumstances. 75 This may involve an inquiry into "the purpose of the search or seizure, the presence or absence of probable cause, the manner in which the search and seizure was made, the place or thing searched, and the character of the articles procured." 76
II
Pertinent to the resolution of this case is the determination of whether the warrantless search was incidental to a lawful arrest. The Court of Appeals concluded that petitioner was caught in flagrante delicto of having marijuana in his possession making the warrantless search lawful. 77
This Court disagrees. Petitioner's warrantless arrest was unlawful.
A search incidental to a lawful arrest requires that there must first be a lawful arrest before a search is made. Otherwise stated, a lawful arrest must precede the search; "the process cannot be reversed."78 For there to be a lawful arrest, law enforcers must be armed with a valid warrant. Nevertheless, an arrest may also be effected without a warrant.
There are three (3) grounds that will justify a warrantless arrest. Rule 113, Section 5 of the Revised Rules of Criminal Procedure provides:
Section 5. Arrest Without Warrant; When Lawful. -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 just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances 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 is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.
The first kind of warrantless arrest is known as an in flagrante delicto arrest. The validity of this warrantless arrest requires compliance with the overt act test79 as explained in Cogaed:
[F]or a warrantless arrest of in flagrante delicto to be affected, "two elements must concur:
(1) the person to be arrested must execute an overt act indicating that he [or she] has just committed, is actually committing, or is attempting to commit a crime; and
(2) such overt act is done in the presence or within the view of the arresting officer."80
Failure to comply with the overt act test renders an inflagrante delicto arrest constitutionally infirm. In Cogaed, the warrantless arrest was invalidated as an in flagrante delicto arrest because the accused did not exhibit an overt act within the view of the police officers suggesting that he was in possession of illegal drugs at the time he was apprehended. 81
The warrantless search in People v. Racho82 was also considered unlawful.83 The police officers received information that a man was in possession of illegal drugs and was on board a Genesis bus bound for Baler, Aurora. The informant added that the man was "wearing a red and white striped [t]-shirt."84 The police officers waited for the bus along the national highway.85 When the bus arrived, Jack Racho (Racho) disembarked and waited along the highway for a tricycle.86 Suddenly, the police officers approached him and invited him to the police station since he was suspected of having shabu in his possession.87 As Racho pulled out his hands from his pocket, a white envelope fell yielding a sachet of shabu.88
In holding that the warrantless search was invalid, this Court observed that Racho was not "committing a crime in the presence of the police officers" at the time he was apprehended.89 Moreover, Racho's arrest was solely based on a tip.90 Although there are cases stating that reliable information is sufficient to justify a warrantless search incidental to a lawful arrest, they were covered under the other exceptions to the rule on warrantless searches.91
Rule 113, Section 5(b) of the Rules of Court pertains to a hot pursuit arrest.92 The rule requires that an offense has just been committed. It connotes "immediacy in point of time."93 That a crime was in fact committed does not automatically bring the case under this rule. 94 An arrest under Rule 113, Section 5(b) of the Rules of Court entails a time element from the moment the crime is committed up to the point of arrest.
Law enforcers need not personally witness the commission of a crime. However, they must have personal knowledge of facts and circumstances indicating that the person sought to be arrested committed it.
People v. Gerente95 illustrates a valid arrest under Rule 113, Section 5(b) of the Rules of Court. In Gerente, the accused was convicted for murder and for violation of Republic Act No. 6425.96 He assailed the admissibility of dried marijuana leaves as evidence on the ground that they were allegedly seized from him pursuant to a warrantless arrest.97 On appeal, the accused's conviction was affirmed.98 This Court ruled that the warrantless arrest was justified under Rule 113, Section 5(b) of the Rules of Court. The police officers had personal knowledge of facts and circumstances indicating that the accused killed the victim:
The policemen arrested Gerente only some three (3) hours after Gerente and his companions had killed Blace. They saw Blace dead in the hospital and when they inspected the scene of the crime, they found the instruments of death: a piece of wood and a concrete hollow block which the killers had used to bludgeon him to death. The eye-witness, Edna Edwina Reyes, reported the happening to the policemen and pinpointed her neighbor, Gerente, as one of the killers. Under those circumstances, since the policemen had personal knowledge of the violent death of Blace and of facts indicating that Gerente and two others had killed him, they could lawfully arrest Gerente without a warrant. If they had postponed his arrest until they could obtain a warrant, he would have fled the law as his two companions did.99 (Emphasis supplied)
The requirement that law enforcers must have personal knowledge of facts surrounding the commission of an offense was underscored in In Re Saliba v. Warden. 100
In Re Saliba involved a petition for habeas corpus. The police officers suspected Datukan Salibo (Salibo) as one (1) of the accused in the Maguindano Massacre. 101 Salibo presented himself before the authorities to clear his name. Despite his explanation, Salibo was apprehended and detained. 102 In granting the petition, this Court pointed out that Salibo was not restrained under a lawful court process or order. 103 Furthermore, he was not arrested pursuant to a valid warrantless arrest: 104
It is undisputed that petitioner Salibo presented himself before the Datu Hofer Police Station to clear his name and to prove that he is not the accused Butukan S. Malang. When petitioner Salibo was in the presence of the police officers of Datu Hofer Police Station, he was neither committing nor attempting to commit an offense. The police officers had no personal knowledge of any offense that he might have committed. Petitioner Salibo was also not an escapee prisoner. 105 (Emphasis supplied)
In this case, petitioner's arrest could not be justified as an inflagrante delicta arrest under Rule 113, Section 5(a) of the Rules of Court. He was not committing a crime at the checkpoint. Petitioner was merely a passenger who did not exhibit any unusual conduct in the presence of the law enforcers that would incite suspicion. In effecting the warrantless arrest, the police officers relied solely on the tip they received. Reliable information alone is insufficient to support a warrantless arrest absent any overt act from the person to be arrested indicating that a crime has just been committed, was being committed, or is about to be committed.10
The warrantless arrest cannot likewise be justified under Rule 113, Section 5(b) of the Revised Rules of Criminal Procedure. The law enforcers had no personal knowledge of any fact or circumstance indicating that petitioner had just committed an offense.
A hearsay tip by itself does not justify a warrantless arrest. Law enforcers must have personal knowledge of facts, based on their observation, that the person sought to be arrested has just committed a crime. This is what gives rise to probable cause that would justify a warrantless search under Rule 113, Section 5(b) of the Revised Rules of Criminal Procedure.
III
The warrantless search cannot be justified under the reasonable suspicion requirement in "stop and frisk" searches.
A "stop and frisk" search is defined in People v. Chua 107 as "the act of a police officer to stop a citizen on the street, interrogate him, and pat him for weapon(s) or contraband." 108 Thus, the allowable scope of a "stop and frisk" search is limited to a "protective search of outer clothing for weapons."109
Although a "stop and frisk" search is a necessary law enforcement measure specifically directed towards crime prevention, there is a need to safeguard the right of individuals against unreasonable searches and seizures. 110
Law enforcers do not have unbridled discretion in conducting "stop and frisk" searches. While probable cause is not required, a "stop and frisk" search cannot be validated on the basis of a suspicion or hunch. 111 Law enforcers must have a genuine reason to believe, based on their experience and the particular circumstances of each case, that criminal activity may be afoot. 112 Reliance on one (1) suspicious activity alone, or none at all, cannot produce a reasonable search. 113
In Manalili v. Court of Appeals, 114 the police officers conducted surveillance operations in Caloocan City Cemetery, a place reportedly frequented by drug addicts.115 They chanced upon a male person who had "reddish eyes and [was] walking in a swaying manner."116 Suspecting that the man was high on drugs, the police officers approached him, introduced themselves, and asked him what he was holding.117 However, the man resisted. 118 Upon further investigation, the police officers found marijuana in the man's possession. 119 This Court held that the circumstances of the case gave the police officers justifiable reason to stop the man and investigate if he was high on drugs. 120
In People v. Solayao, 121 the police officers were conducting an intelligence patrol to verify reports on the presence of armed persons within Caibiran.122 They met a group of drunk men, one (1) of whom was the accused in a camouflage uniform. 123 When the police officers approached, his companions fled leaving behind the accused who was told not to run away. 124 One (1) of the police officers introduced himself and seized from the accused a firearm wrapped in dry coconut leaves. 125 This Court likewise found justifiable reason to stop and frisk the accused when "his companions fled upon seeing the government agents." 126
The "stop and frisk" searches in these two (2) cases were considered valid because the accused in both cases exhibited overt acts that gave law enforcers genuine reason to conduct a "stop and frisk" search. In contrast with Manalili and Solayao, the warrantless search in Cogaed127 was considered as an invalid "stop and frisk" search because of the absence of a single suspicious circumstance that would justify a warrantless search.
In Cogaed, the police officers received information that a certain Marvin Buya would be transporting marijuana. 128 A passenger jeepney passed through the checkpoint set up by the police officers. The driver then disembarked and signaled that two (2) male passengers were carrying marijuana. 129 The police officers approached the two (2) men, who were later identified as Victor Cogaed (Cogaed) and Santiago Dayao, and inquired about the contents of their bags. 130
Upon further investigation, the police officers discovered three (3) bricks of marijuana in Cogaed's bag. 131 In holding that the "stop and frisk" search was invalid, this Court reasoned that "[t]here was not a single suspicious circumstance" that gave the police officers genuine reason to stop the two (2) men and search their belongings. 132Cogaed did not exhibit any overt act indicating that he was in possession of marijuana. 133
Similar to Cogaed, petitioner in this case was a mere passenger in a jeepney who did not exhibit any act that would give police officers reasonable suspicion to believe that he had drugs in his possession. Reasonable persons will act in a nervous manner in any check point. There was no evidence to show that the police had basis or personal knowledge that would reasonably allow them to infer anything suspicious.
IV
Moreover, petitioner's silence or lack of resistance can hardly be considered as consent to the warrantless search. Although the right against unreasonable searches and seizures may be surrendered through a valid waiver, the prosecution must prove that the waiver was executed with clear and convincing evidence. 134 Consent to a warrantless search and seizure must be "unequivocal, specific, intelligently given ... [and unattended] by duress or coercion."135
The validity of a consented warrantless search is determined by the totality of the circumstances. 136 This may involve an inquiry into the environment in which the consent was given such as "the presence of coercive police procedures."137
Mere passive conformity or silence to the warrantless search is only an implied acquiescence, which amounts to no consent at all. 138 In Cogaed, this Court observed:
Cogaed's silence or lack of aggressive objection was a natural reaction to a coercive environment brought about by the police officer's excessive intrusion into his private space. The prosecution and the police carry the burden of showing that the waiver of a constitutional right is one which is knowing, intelligent, and free from any coercion. In all cases, such waivers are not to be presumed.139The presence of a coercive environment negates the claim that petitioner consented to the warrantless search.
V
Another instance of a valid warrantless search is a search of a moving vehicle. The rules governing searches and seizures have been liberalized when the object of a search is a vehicle for practical purposes.140 Police officers cannot be expected to appear before a judge and apply for a search warrant when time is of the essence considering the efficiency of vehicles in facilitating transactions involving contraband or dangerous articles. 141However, the inherent mobility of vehicles cannot justify all kinds of searches.142 Law enforcers must act on the basis of probable cause. 143
A checkpoint search is a variant of a search of a moving vehicle. 144 Due to the number of cases involving warrantless ·searches in checkpoints and for the guidance of law enforcers, it is imperative to discuss the parameters by which searches in checkpoints should be conducted.
Checkpoints per se are not invalid. 145 They are allowed in exceptional circumstances to protect the lives of individuals and ensure their safety. 146 They are also sanctioned in cases where the government's survival is in danger. 147 Considering that routine checkpoints intrude "on [a] motorist'sright to 'free passage'"148 to a certain extent, they must be "conducted in a way least intrusive to motorists." 149 The extent of routine inspections must be limited to a visual search. Routine inspections do not give law enforcers carte blanche to perform warrantless searches. 150
In Valmonte v. De Villa, 151 this Court clarified that "[f]or 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[es]."152 Thus, a search where an "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" is not unreasonable. 153
However, an extensive search may be conducted on a vehicle at a checkpoint when law enforcers have probable cause to believe that the vehicle's passengers committed a crime or when the vehicle contains instruments of an offense. 154
Thus, routinary and indiscriminate searches of moving vehicles are allowed if they are limited to a visual search. This holds especially true when the object of the search is a public vehicle where individuals have a reasonably reduced expectation of privacy. On the other hand, extensive searches are permissible only when they are founded upon probable cause. Any evidence obtained will be subject to the exclusionary principle under the Constitution.
That the object of a warrantless search is allegedly inside a moving vehicle does not justify an extensive search absent probable cause. Moreover, law enforcers cannot act solely on the basis of confidential or tipped information. A tip is still hearsay no matter how reliable it may be. It is not sufficient to constitute probable cause in the absence of any other circumstance that will arouse suspicion.
Although this Court has upheld warrantless searches of moving vehicles based on tipped information, there have been other circumstances that justified warrantless searches conducted by the authorities.
In People v. Breis,155 apart from the tipped information they received, the law enforcement agents observed suspicious behavior on the part of the accused that gave them reasonable ground to believe that a crime was being committed.156 The accused attempted to alight from the bus after the law enforcers introduced themselves and inquired about the ownership of a box which the accused had in their possession. 157 In their attempt to leave the bus, one (1) of the accused physically pushed a law enforcer out of the way. 158 Immediately alighting from a bus that had just left the terminal and leaving one's belongings behind is unusual conduct.159
In People v. Mariacos, 160 a police officer received information that a bag containing illegal drugs was about to be transported on a passenger jeepney. 161 The bag was marked with "O.K."162 On the basis of the tip, a police officer conducted surveillance operations on board a jeepney.163 Upon seeing the bag described to him, he peeked inside and smelled the distinct odor of marijuana emanating from the bag. 164 The tipped information and the police officer's personal observations gave rise to probable cause that rendered the warrantless search valid. 165
The police officers in People v. Ayangao166 and People v. Libnao167 likewise received tipped information regarding the transport of illegal drugs. In Libnao, the police officers had probable cause to arrest the accused based on their three (3)-month long surveillance operation in the area where the accused was arrested. 168 On the other hand, in Ayangao, the police officers noticed marijuana leaves protruding through a hole in one (1) of the sacks carried by the accused. 169
In the present case, the extensive search conducted by the police officers exceeded the allowable limits of warrantless searches.1âwphi1 They had no probable cause to believe that the accused violated any law except for the tip they received. They did not observe any peculiar activity from the accused that may either arouse their suspicion or verify the tip. Moreover, the search was flawed at its inception. The checkpoint was set up to target the arrest of the accused.
There are different hybrids of reasonable warrantless searches. There are searches based on reasonable suspicion as in Posadas v. Court of Appeals 170 where this Court justified the warrantless search of the accused who attempted to flee with a buri bag after the police officers identified themselves. 171
On the other hand, there are reasonable searches because of heightened security. In Dela Cruz v. People, 172 the search conducted on the accused was considered valid because it was done in accordance with routine security measures in ports. 173 This case, however, should not be construed to apply to border searches. Border searches are not unreasonable per se; 174 there is a "reasonable reduced expectation of privacy" when travellers pass through or stop at airports or other ports of travel. 175
The warrantless search conducted by the police officers is invalid. Consequently, the tea bag containing marijuana seized from petitioner is rendered inadmissible under the exclusionary principle in Article III, Section 3(2) of the Constitution. There being no evidence to support his conviction, petitioner must be acquitted.
SECOND DIVISION,June 7, 2017
G.R. No. 200370
MARIO VERIDIANO y SAPI, Petitioner vs.PEOPLE OF THE PHILIPPINES, Respondent
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