Manalili v. CA

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23. Manalili v.

Court of Appeals
G.R. No. 113447
October 9, 1997

Facts:

At about 2:10 PM on April 11, 1988, Police Anti-Narcotics Unit of Kalookan City
conducted surveillance along A. Mabini Street, in front of the Kalookan City Cemetery. This was
done after receiving information that drug addicts were roaming around said area.

Upon reaching the cemetery, the policemen chanced upon a male person, the petitioner,
in front of the cemetery who appeared high on drugs. The petitioner had reddish eyes and was
walking in a swaying manner.

Petitioner was trying to avoid the policemen, but the officers were able to introduce
themselves and asked him what he was holding in his hands. Petitioner resisted. Policeman
Espiritu asked him if he could see what the petitioner had in his hands. The petitioner showed his
wallet and allowed the officer to examine it. Policeman Espiritu found suspected crushed
marijuana residue inside. He kept the wallet and its marijuana contents and took petitioner to
headquarters to be further investigated.

The suspected marijuana was sent to the NBI Forensic Chemistry Section for analysis.

Issue: Was the search conducted illegal?

Ruling:

No, the search was valid. The general rule is a search and seizure must be validated by a
previously secured judicial warrant; otherwise, such a search and seizure is unconstitutional and
subject to challenge. Any evidence obtained in violation of this constitutionally guaranteed right
is legally inadmissible in any proceeding.

The exceptions to the rule are: (1) search incidental to a lawful arrest, (2) search of
moving vehicles, (3) seizure in plain view, (4) customs search, and (5) waiver by the accused of
their right against unreasonable search and seizure. In these cases, the search and seizure may be
made only with probable cause. Probable cause being at best defined as a reasonable ground of
suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious
man in the belief that the person accused is guilty of the offense with which he is charged; or the
existence of such facts and circumstances which could lead a reasonably discreet and prudent
man to believe that an offense has been committed and that the item(s), article(s) or object(s)
sought in connection with said offense or subject to seizure and destruction by is in the place to
be searched.

Additionally, stop-and-frisk has already been adopted as another exception to the general
rule against a search without a warrant. Stop-and-frisk is defined as the vernacular designation
of the right of a police officer to stop a citizen on the street, interrogate him, and pat him for
weapon.

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