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: People v. Canton (G.R. No. 148825)

People v. Canton | G.R. No. 148825 | 27 December 2002 | C.J. Davide, Jr. | Article III - Sec. 2 |

Petitioners: People of the Philippines
Respondents: Susan Canton

Recit Ready Summary:
Susan Canton was in NAIA, departing for Saigon. She passed through a metal detector and it went off. Mylene Cabunoc, part of the National Action Committee on Hijacking and Terrorism frisked her and felt a bulge at her abdominal area. And so Susan was taken to the ladies’ restroom for further frisking. They found packets in her abdominal area, genital area and right thigh. Hence, she was arrested.

SC Held: Valid search and arrest without warrant 

  • Even though it wasn’t “incidental to a lawful arrest” because for this exception, the arrest must precede the search and it did not, in this case. 
  • The “stop and frisk” situation is not limited to dangerous weapons only – and in this case, it was pursuant to RA 6235 (Civil Aviation Act), which subjects all aircraft ticket holders to search for prohibited substances. 
  • The Johnson case was also used as stare decisis wherein there was a willing reduction of expectation of privacy because of security concerns in the airport. Katz does not apply because it was a phone conversation, in which a reasonable expectation of privacy is attached. 
  • Furthermore since the accused was caught in flagrante delicto, she was lawfully arrested even without a warrant. Inspection without a warrant is allowed, so right against warrantless searches is automatically waived in accordance with customs rules and regulation, which is strictly observed in international practice. The airport usually has signs that warn people that they will be searched and that any illegal and dangerous materials that are found in their luggage will be confiscated.  

FACTS:
1. On February 1998, Susan was at NAIA, bound for Saigon, Vietnam. When she passed through the metal detector booth, it went off. Mylene Cabunoc, a civilian employee of the National Action Committee on Hijacking and Terrorism (NACHT) and the frisker on duty at that time. Upon frisking Susan, Mylene felt something bulging at her abdominal area. Mylene inserted her hand under the skirt of SUSAN, pinched the package several times and noticed that the package contained what felt like rice granules. Mylene reported the matter to SPO4 Victorio de los Reyes.
2. Mylene then brought Susan to a comfort room for a thorough physical examination. Upon further frisking in the ladies’ room, Mylene touched something in front of Susan’s sex organ. She directed SUSAN to remove her skirt, girdles and panty. Three packages were discovered individually wrapped and sealed which SUSAN voluntarily handed to them. Mylene turned over the packages to SPO4 De los Reyes, who informed his superior officer Police Superintendent Daniel Santos about the incident. Together with Susan, they brought the gray plastic packs to the customs examination table, opened the same and found that they contained white crystalline substances which, when submitted for laboratory examination, yielded positive results shabu.
3. SPO2 Jerome Cause, an investigator of the First Regional Aviation Office, testified that no investigation was ever conducted on SUSAN. However, SUSAN signed a receipt of the following articles seized from her: (1) three bags of shabu; (2) one American passport; (3) one Continental Micronesia plane ticket; and (4) 2 panty girdles.
4. TC rendered a decision finding SUSAN guilty beyond reasonable doubt of the offense of violation of the DDA and sentencing her to suffer the penalty of reclusion perpetua and to pay a fine of P1M.

ISSUE: W/N the warrantless search and arrest is violative of Susan’s constitutional right? No.

HELD:
The recognized exceptions established by jurisprudence for the interdiction against warrantless searches and seizures are (1) search of moving vehicles; (2) seizure in plain view; (3) customs searches; (4) waiver or consented searches; (5) stop and frisk situations (Terry search); and (6) search incidental to a lawful arrest.

  • Not incidental to a lawful arrest The SC held that the search and seizure conducted in this case were not incidental to a lawful arrest because Susan’s arrest did not precede the search. In a search incidental to a lawful arrest, the law requires that there be first a lawful arrest before a search can be made; the process cannot be reversed. 
  • Stop and frisk not limited to search of weapons only The search in an airport is made pursuant to routine airport security procedure, which is allowed under Section 9 of RA 6235. It states that any holder of an airline ticket and his baggage are subject to search for, and seizure of, prohibited materials or substances. Passenger refusing to be searched shall not be allowed to board the aircraft. 
  • Applicable jurisprudence People vs. Johnson: 
    • Leila Johnson, took a flight back through NAIA bound for Laguna. During a routine frisk, the lady frisker Ramirez felt something hard on the latter’s abdominal area. Johnson claimed that she had to wear panty girdles after undergoing ectopic pregnancy. The frisker did not believe her and reported her to the security superior, who directed her to take Johnson to the women’s room for inspection.There, Ramirez discovered her to be in possession of 3 packs of shabu. 
    • SC held: VALID WARRANTLESS SEARCH 
    • Johnson was arrested in flagrante delicto 
    • Routine frisks at airports are valid warrantless searches 
    • People willingly subject themselves to a reasonable reduction of privacy, especially with the security concerns in airports 
    • The intrusion is minimal and the people are informed that the search would be undertaken 
    • HOWEVER, there was no justification in confiscating her other items not related to the offense (passport, luggage, airline ticket, etc.) 
  • Susan was lawfully arrested because she was caught in flagrante delicto 
    • Once searched, and found to have illegal materials on them, a person is caught in flagrante delicto, which means that he or she can be lawfully arrested without a warrant. The Court held that the packs of "methamphetamine hydrochloride" seized during the routine frisk at the airport was acquired legitimately pursuant to airport security procedures and are therefore admissible in evidence against Leila.

DISPOSITION: IN VIEW OF ALL THE FOREGOING, the judgment of the Regional Trial Court of Pasay City, Branch 110, in Criminal Case No. 98-0189 finding appellant SUSAN CANTON guilty beyond reasonable doubt of the violation of Section 16, Article III of the Dangerous Act of 1972 (Republic Act No. 6425), as amended, and sentencing her to suffer the penalty of reclusion perpetua and to pay a fine of One Million Pesos (P1,000,000) and the costs is hereby AFFIRMED. The appellant’s passport, plane tickets, and girdles are hereby ordered to be returned to her.

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