Case Digest - R.A. 6235, Anti-Hijacking Law

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PEOPLE OF THE PHILIPPINES VS.

EANNA O’COCHLAIN

G.R. NO. 229071, DECEMBER 10, 2018

FACTS:

In the final security checkpoint inside the Laog City International Airport, the Security Screening
Officer was instructed to conduct a pat down search on Eanna, who agreed. Eanna was frisked while
he raised his hands by stretching sideward to the level of his shoulders with palms open. Two rolled
sticks of what appeared to be dried marijuana leaves was seized from his possession. Eanna O’Cochlain
was charged with illegal possession of marijuana under Section 11, Article II of R.A. 9165 or The
Comprehensive Dangerous Drugs Act of 2002.

ISSUE:

Whether or not the search and seizure of an illegal drug during a routine airport inspection is a
cons titutionally reasonable administrative search ?

RULING:

YES.  The search upon his person was not unreasonable but was actually an exception to the
proscription against warrantless searches and seizures. It was justified as it proceeded from a duty or
right that was enforced in accordance with the aviation rules and regulations to maintain peace, order
and security at the airports. In fact, Eanna's plane ticket carried a proviso allowing airport authorities to
check on his person and baggage pursuant to the requirement of Section 9 of R.A. No. 6235.

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