Case Digest: So v. Republic (G.R. No. 170603)

So v. Republic | G.R. No. 170603 | 29 Jan 2007 | Callejo, Sr. J. | Art IV (Section 1, Par 4) | Petitioners: Edison So Respondents: Republic of the Philippines Recit Ready Summary Herein Petitioner So filed for a Petition for Naturalization under CA No. 473 aka the Revised Naturalization Law.He presented 2 witnesses à fam business lawyer Atty. Adasa & UST classmate Mark Salcedo. RTC granted So’s petition. Respondent Republic of the Phil through OSG said not so fast! Coz SolGen claims na the 2 witnesses So presented did not know him (So) well enough and that they only gave general statements upon being asked about the character and moral conduct of So. CA set aside RTC’s decision. Hence, this present petition. The issue is W/N So qualifies for Philippines Citizenship and the Court said NO. It was wrong for So to claim that that RA 9139 should apply to his case instead of CA No. 473. This is because the latter applied to ALL ALIENS regardless of class while the former applies to nati...
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Case Digest: Asuncion v. CA (G.R. No. 125959)

Jose Maria M. Asuncion v. Court of Appeals and the People of the Philippines | G.R. No. 125959 | 1 Feb 1999 | Martinez, J. | Article 3 – Section 2 |

Recit Ready Summary: At hand is a motion for reconsideration for the Court’s previous decision denying the petition for review on certiorari of Asuncion and finding him guilty of violating the Dangerous Drugs Act. In compliance with the Malabon mayor’s campaign against drugs, the police were instructed by their chief to conduct patrol on the area of Barangay Tanong with specific instruction to look for a certain vehicle with a certain plate number and watch out for a certain pusher named Vic Vargas. With the help of an informant, they were able to find a car with Vic Vargas (Asuncion; it’s his actor screen name) behind the wheel. They asked permission if they could search the car to which he said okay. The police found meth. Asuncion said that he was just borrowing the car, but the police still brought him to the station for identification. At the station, more meth was found protruding from his underwear. Eventually, he admitted to using meth for his shooting in a press conference held by the police. 

Despite his later testimony where he denied all charges against him and said he was abducted by the police. He was found guilty beyond reasonable doubt by both the RTC and CA. So here, the issue is whether or not the warrantless search of his car was illegal, making the evidence against him inadmissible. 

Court says it was legal. The rule that search and seizure must be supported by a valid warrant is not absolute. What happened was accepted as a search of a moving vehicle. The police were justified in searching without a warrant since the situation called for immediate action. They even sought the permission of Asuncion to search the car and he freely agreed. Furthermore, the police already had a previous encounter with the petitioner and he was able to evade arrest then, so when they saw the car, they obviously couldn’t risk him getting away anymore.

FACTS:

  • Malabon Mayor launched intensified campaign against illegal drugs, particularly in Barangay Tanong
  • In compliance, Malabon Chief of Police Anti-Narcotics Unit ordered his men to conduct patrol on the area with specific instruction to find a certain vehicle with a certain plate number, driven by alleged drug pusher Vic Vargas.
  • At around 11:45, the police, with their informant, found a gray Nissan, which was said to always be parked along Leono street, selling shabu.
  • The police went to the car and found Vic Vargas. They asked if they could inspect the car and he gave consent. They found meth and brought him to the station.
  • They eventually found meth protruding from his underwear also. This was voluntarily taken out by the accused at the station.

ISSUES: W/N the warrantless search of the car was illegal? NO.

HELD:

1. The rule that search and seizure must be supported by a valid warrant is not absolute. What happened was accepted as a search of a moving vehicle.

  • It is not practicable to secure a warrant because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant is sought.

2. The police were justified in searching without a warrant since the situation called for immediate action. They even sought the permission of Asuncion to search the car and he freely agreed.

  • Furthermore, the police already had a previous encounter with the petitioner and he was able to evade arrest then, so when they saw the car, they obviously couldn’t risk him getting away anymore.

DISPOSITION: Motion for Reconsideration is DENIED.

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