This case has been cited 5 times or more.
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2016-01-11 |
LEONEN, J. |
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| [165] G.R. Nos. 102009-10, July 6, 1994, 233 SCRA716 [Per J. Regalado, Second Division]. | |||||
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2016-01-11 |
LEONEN, J. |
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| In this case, petitioner failed to prove that his possession of the illegal firearms seized from his bag was “temporary, incidental, casual, or harmless possession[.]”[171] As put by the trial court, petitioner’s claim that anyone could have planted the firearms in his bag while it was unattended is flimsy.[172] There are dire consequences in accepting this claim at face value, particularly that no one will be caught and convicted of illegal possession of firearms. | |||||
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2014-02-18 |
ABAD, J. |
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| Another instance of a reasonable and valid warrantless search which can be used analogously for facts arising from internet or computer use would be in instances where the existence of the crime has been categorically acknowledged. People v. De Gracia,[285] explains: The next question that may be asked is whether or not there was a valid search and seizure in this case. While the matter has not been squarely put in issue, we deem it our bounden duty, in light of advertence thereto by the parties, to delve into the legality of the warrantless search conducted by the raiding team, considering the gravity of the offense for which herein appellant stands to be convicted and the penalty sought to be imposed. | |||||
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2003-03-26 |
YNARES-SANTIAGO, J. |
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| A search may be conducted by law enforcers only on the strength of a warrant validly issued by a judge as provided in Article III, Section 2 of the Constitution.[14] Articles which are the product of unreasonable searches and seizures are inadmissible as evidence, pursuant to Article III, Section 3 (2) of the Constitution.[15] Warrantless searches and seizures may be made without a warrant in the following instances: (1) search incident to a lawful arrest, (2) search of a moving motor vehicle, (3) search in violation of custom laws, (4) seizure of the evidence in plain view, (5) when the accused himself waives his right against unreasonable searches and seizures,[16] (6) stop and frisk[17] and (7) exigent and emergency circumstances.[18] These instances, however do not dispense with the requisite of probable cause before a warrantless search and seizure can be lawfully conducted. In warrantless search cases, probable cause must only be based on reasonable ground of suspicion or belief that a crime has been committed or is about to be committed.[19] | |||||
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2001-10-17 |
QUISUMBING, J. |
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| Even if Abriol's MR was valid, said authorization was limited only to the .38 caliber revolver and not the two .45 caliber automatic pistols found under the front passenger seat of the "Jiffy." Appellants were still in the unlawful possession of the .45 caliber pistols. Under P.D. No. 1866, possession is not limited to actual possession.[69] In this case, appellants had control over the pistols. They were all liable since conspiracy was established and the act of one is the act of all.[70] | |||||