Scribd Logo
Upload

Welcome to Scribd!

  • 343 views

    Comerciante Vs People of The Philippines

    Uploaded by

    Angel Agustine O. Japitan II
    PO3 Calag and Agent Radan spotted Comerciante and Dasilla showing "improper movements" while handing plastic sachets. They arrested the men and found shabu. However, the search and seizure violated Comerciante's constitutional rights against unlawful searches as there was no warrant and the observations did not constitute probable cause. While exceptions exist, they did not apply in this case given the speed of the motorcycle and implausibility that PO3 Calag could identify shabu in small plastic sachets from a moving vehicle. The court found the evidence inadmissible.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Comerciante Vs People of The Philippines

    Uploaded by

    Angel Agustine O. Japitan II
    343 views1 page
    PO3 Calag and Agent Radan spotted Comerciante and Dasilla showing "improper movements" while handing plastic sachets. They arrested the men and found shabu. However, the search and seizure violated Comerciante's constitutional rights against unlawful searches as there was no warrant and the observations did not constitute probable cause. While exceptions exist, they did not apply in this case given the speed of the motorcycle and implausibility that PO3 Calag could identify shabu in small plastic sachets from a moving vehicle. The court found the evidence inadmissible.

    Original Description:

    case digest

    Original Title

    Comerciante vs People of the Philippines

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    PO3 Calag and Agent Radan spotted Comerciante and Dasilla showing "improper movements" while handing plastic sachets. They arrested the men and found shabu. However, the search and seizure violated Comerciante's constitutional rights against unlawful searches as there was no warrant and the observations did not constitute probable cause. While exceptions exist, they did not apply in this case given the speed of the motorcycle and implausibility that PO3 Calag could identify shabu in small plastic sachets from a moving vehicle. The court found the evidence inadmissible.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    343 views1 page

    Comerciante Vs People of The Philippines

    Uploaded by

    Angel Agustine O. Japitan II
    PO3 Calag and Agent Radan spotted Comerciante and Dasilla showing "improper movements" while handing plastic sachets. They arrested the men and found shabu. However, the search and seizure violated Comerciante's constitutional rights against unlawful searches as there was no warrant and the observations did not constitute probable cause. While exceptions exist, they did not apply in this case given the speed of the motorcycle and implausibility that PO3 Calag could identify shabu in small plastic sachets from a moving vehicle. The court found the evidence inadmissible.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 1

    ALVIN COMERCIANTE Y GONZALES vs.

    PEOPLE OF THE PHILIPPINES


    G.R. No. 205926, July 22, 2015

    FACTS: In the evening of Julu 30, 2003, Agent Eduardo Radan of the NARCOTICS group and
    PO3 Bienvy Calag II (PO3 Calag) were aboard a motorcycle, patrolling the area while on their
    way to visit a friend. While cruising, they spotted, at a distance of about ten meters, two men
    later identified as Comerciante and Erick Dasilla standing and showing “improper and
    unpleasant movements,” with one of them handing plastic sachets to the other. Thinking that the
    sachets may contain shabu, they immediately stopped and approached Comerciante and
    Dasilla. After introducing themselves to be police officers, PO3 Calag arrested the both of them
    and confiscated two plastic sachets containing what was later confirmed to be shabu. In his
    defense, Comerciante averred that PO3 Calag was looking for a certain “Barok,” who was a
    notorious drug pusher in the area, when suddenly, he and Dasilla, who were just standing in
    front of a jeepney along Private Road, were arrested and taken to a police station. There, the
    police officers claimed to have confiscated illegal drugs from them and were asked money in
    exchange for their release. When they failed to accede to the demand, they were brought to
    another police station to undergo inquest proceedings, and thereafter, were charged with illegal
    possession of dangerous drugs.

    ISSUE: Was the search and seizure of the shabu in violation of Commerciante's constitutional
    right?

    RULING: YES, it was in violation of his constitutional right against unlawful searches and
    seizure. Section 2, Article III of the Constitution mandates that a search and seizure must be
    carried out through or on the strength of a judicial warrant predicated upon the existence of
    probable cause. In the absence of such warrant, such search and seizure becomes, as a
    general rule, “unreasonable” within the meaning of said constitutional provision. To protect
    people from unreasonable searches and seizures, Section 3(2), Article III of the Constitution
    provides an exclusionary rule which instructs that evidence obtained and confiscated on the
    occasion of such unreasonable searches and seizures are deemed tainted and should be
    excluded for being the proverbial fruit of a poisonous tree. In other words, evidence obtained
    from unreasonable searches and seizures shall be inadmissible in evidence for any purpose in
    any proceeding. While the Revised Rules on Criminal Procedure provides for three exceptions,
    the same cannot be applied in the present case. PO3 Calag himself admitted that he was
    aboard a motorcycle cruising at a speed of around 30 kilometers per hour when he saw
    Comerciante and Dasilla standing around and showing “improper and unpleasant movements,”
    with one of them handing plastic sachets to the other. On the basis of the foregoing, he decided
    to effect an arrest. It is highly implausible for PO3 Calag, even assuming that he had perfect
    vision, would be able to identify with reasonable accuracy miniscule amounts of shabu inside
    two very small plastic sachets held by Commerciante. Likewise, there could be no overt act that
    could rouse the suspicion in the mind of PO3 Calag that Commericante had just committed, was
    committing, or was about to commit a crime.

    You might also like