February 29, 2012
Ponente: Sereno, J.
CRIME: Violation
of a city ordinance requiring all motorcycle drivers to wear a protective
helmet while driving; illegal possession of dangerous drugs
ACTION: Petition
for review under Rule 45.
FACTS:
·
On March 10, 2003, at around 3 a.m., PO2/traffic
enforcer Emmanuel L. Alteza of Naga City Police Station flagged down Rodel Luz.
The latter was seen riding a motorcyle without a helmet in violation of an
existing municipal ordinance requiring all motorcycle drivers to wear a helmet
while driving. Alteza invited Luz to come inside their sub-station since the
place where the latter was flagged down was almost in front of the said
sub-station.
·
Together with SPO1 Rayford Brillante, Alteza
was issuing a citation ticket for violation of municipal ordinance when he
noticed that Luz was uneasy and kept on getting something from his jacket.
Alerted, Alteza told Luz to take out the contents of the pocket of his jacket
as the latter may have a weapon inside it. According to the police officers,
Luz obliged and slowly put out from his pocket a nickel-like tin or metal
container about two (2) to three (3) inches in size, including two (2)
cellphones, one (1) pair of scissors and one (1) Swiss knife.
·
Upon seeing the said container, Alteza asked
Luz to open it. Alteza noticed a cartoon cover and something beneath it. Upon
Alteza's instruction, Luz spilled out the contents of the container on the
table which turned out to be four (4) plastic sachets, the two (2) of which
were empty while the other two (2) contained suspected shabu.
·
Luz entered a plea of not guilty.
Subsequently, he was convicted of illegal possession of dangerous drugs. The
RTC found the prosecution's evidence sufficient to show that Luz had been
lawfully arrested for a traffic violation and then subjected to a valid search,
which led to the discovery on his person of two plastic sachets later found to
contain shabu. The RTC also found his defense of frame-up and extortion to be
weak, self-serving and unsubstantiated.
·
The CA affirmed the RTC's ruling.
·
Luz filed before the SC a petition for review
under Rule 45. Luz was claiming that there was no lawful search and seizure
because there was no lawful arrest. One of his arguments was that the finding
that there was a lawful arrest was erroneous, since he was not even issued a
citation ticket or charged with violation of the city ordinance. Even assuming
there was a valid arrest, he was claiming that he had never consented to the
search conducted upon him..
RULING:
Whether or
not Luz was lawfully arrested. – NO.
·
When Luz was flagged down for committing a
traffic violation, he was not, ipso facto and solely for this reason, arrested.
·
Arrest is the taking of a person into custody
in order that he or she may be bound to answer for the commission of an
offense. It is effected by an actual restraint of the person to be arrested or
by that persons voluntary submission to the custody of the one making the
arrest. Neither the application of actual force, manual touching of the body,
or physical restraint, nor a formal declaration of arrest, is required. It is
enough that there be an intention on the part of one of the parties to arrest
the other, and that there be an intent on the part of the other to submit,
under the belief and impression that submission is necessary.
·
Under R.A. 4136, or the Land Transportation
and Traffic Code, the general procedure for dealing with a traffic violation is
not the arrest of the offender, but the confiscation of the driver’s license of
the latter. As per the PNP Operations Manual, PNP officers apprehending a
driver for traffic violations should immediately issue a Traffic Citation
Ticket (TCT) or Traffic Violation Report (TVR), an should never indulge in
prolonged, unnecessary conversation or argument with the driver or any of the
vehicle's occupants.
·
At the time Luz was waiting for PO3 Alteza to
write his citation ticket, Luz could not be said to have been under arrest.
There was no intention on the part of PO3 Alteza to arrest him, deprive him of
his liberty, or take him into custody. Prior to the issuance of the ticket, the
period during which Luz was at the police station may be characterized merely
as waiting time. In fact, as found by the trial court, PO3 Alteza himself
testified that the only reason they went to the police sub-station was that Luz
had been flagged down almost in front of that place. Hence, it was only for the
sake of convenience that they were waiting there. There was no intention to
take Luz into custody.
·
In the US, it has been held that roadside
questioning does not fall under custodial interrogation, nor can it be
considered a formal arrest, by virtue of the nature of the questioning, the
expectations of the motorist and the officer, and the length of time the
procedure is conducted.
·
It also appears that, according to City
Ordinance No. 98-012, which was violated by Luz, the failure to wear a crash
helmet while riding a motorcycle is penalized by a fine only. Under the Rules
of Court, a warrant of arrest need not be issued if the information or charge
was filed for an offense penalized by a fine only. It may be stated as a
corollary that neither can a warrantless arrest be made for such an offense.
·
But even if one were to work under the
assumption that petitioner was deemed arrested upon being flagged down for a
traffic violation and while awaiting the issuance of his ticket, then the
requirements for a valid arrest were not complied with.
·
In numerous cases, the Court has held that at
the time a person is arrested, it shall be the duty of the arresting officer to
inform the latter of the reason for the arrest and must show that person the
warrant of arrest, if any. Persons shall be informed of their constitutional
rights to remain silent and to counsel, and that any statement they might make
could be used against them. It may also be noted that in this case, these
constitutional requirements were complied with by the police officers only after
petitioner had been arrested for illegal possession of dangerous drugs.
Whether or
not the warrantless search conducted on Luz was valid. – NO.
·
The following are the instances when a
warrantless search is allowed: (i) a warrantless search incidental to a lawful
arrest; (ii) search of evidence in plain view; (iii) search of a moving
vehicle; (iv) consented warrantless search; (v) customs search; (vi) a stop and
frisk search; and (vii) exigent and emergency circumstances. None of the
above-mentioned instances, especially a search incident to a lawful arrest, is
applicable to this case.
·
It must be noted that the evidence seized,
although alleged to be inadvertently discovered, was not in plain view. It was
actually concealed inside a metal container inside Luz’s pocket. Clearly, the
evidence was not immediately apparent.
·
Neither was there a consented warrantless
search. Consent to a search is not to be lightly inferred, but shown by clear
and convincing evidence. It must be voluntary in order to validate an otherwise
illegal search; that is, the consent must be unequivocal, specific,
intelligently given and uncontaminated by any duress or coercion. While the
prosecution claims that Luz acceded to the instruction of PO3 Alteza, this
alleged accession does not suffice to prove valid and intelligent consent. In
fact, the RTC found that Luz was merely told to take out the contents of his
pocket.
·
Whether consent to the search was in fact
voluntary is a question of fact to be determined from the totality of all the
circumstances. Relevant to this determination are the following characteristics
of the person giving consent and the environment in which consent is given: (1)
the age of the defendant; (2) whether the defendant was in a public or a
secluded location; (3) whether the defendant objected to the search or
passively looked on; (4) the education and intelligence of the defendant; (5)
the presence of coercive police procedures; (6) the defendants belief that no
incriminating evidence would be found; (7) the nature of the police
questioning; (8) the environment in which the questioning took place; and (9)
the possibly vulnerable subjective state of the person consenting. It is the
State that has the burden of proving by clear and positive testimony that the
necessary consent was obtained, and was freely and voluntarily given. In this
case, all that was alleged was that Luz was alone at the police station at
three in the morning, accompanied by several police officers. These
circumstances weigh heavily against a finding of valid consent to a warrantless
search.
·
Neither does the search qualify under the stop
and frisk rule. While the rule normally applies when a police officer observes
suspicious or unusual conduct, which may lead him to believe that a criminal
act may be afoot, the stop and frisk is merely a limited protective search of
outer clothing for weapons.
Whether or
not Luz should be acquitted. – YES.
·
Luz must be acquitted. While he may have
failed to object to the illegality of his arrest at the earliest opportunity, a
waiver of an illegal warrantless arrest does not, however, mean a waiver of the
inadmissibility of evidence seized during the illegal warrantless arrest.
·
The Constitution guarantees the right of the
people to be secure in their persons, houses, papers and effects against
unreasonable searches and seizures. Any evidence obtained in violation of said
right shall be inadmissible for any purpose in any proceeding. While the power
to search and seize may at times be necessary to the public welfare, still it
must be exercised and the law implemented without contravening the
constitutional rights of citizens, for the enforcement of no statute is of
sufficient importance to justify indifference to the basic principles of
government.
·
The subject items seized during the illegal
arrest are inadmissible. The drugs are the very corpus delicti of the crime of
illegal possession of dangerous drugs. Thus, their inadmissibility precludes
conviction and calls for the acquittal of the accused.