Porteria v. People

 

Porteria v. People

G.R. No. 233777

March 20, 2019

FACTS:

                RTC and CA convicted Marvin Porteria y Manebali (Marvin) for the crime of violating Section 2(2) of Republic Act (R.A.) No. 6539, as amended, otherwise known as the "Anti-Carnapping Act of 1972." Wilfredo Christian P. Mien (Christian) is the registered owner of a blue Honda motorcycle, 2004 model, with Engine No. KPH125ME-8005271, Chassis No. KPH12- 03X-005271, and Plate No. EL5401. According to the prosecution, Christian used his motorcycle on December 10, 2010, at about 6:00 a.m., when he went to work at St. John Hospital in Panganiban Drive, Naga City. He parked his motorcycle in front of the hospital, in the parking area of the Nazareno Drug Store. After finishing his shift at about 2:00 p.m., Christian discovered that his motorcycle was no longer in its parking spot. Unable to find his motorcycle, Christian went to Naga City Police Office, to report that his motorcycle was stolen.  The police recorded the incident in the Daily Record of Events. The following day, Christian and his brother, Wilfredo Angelus Mien, went to the PNP Provincial Highway Patrol Group  5-Camarines Sur to report the incident again. On February 1, 2011, the police officers of Ocampo, Camarines Sur supposedly received a report that there was a suspicious person with something tucked in his waist.  The Chief of Police of the Ocampo Police Station, Police Inspector dispatched a team to verify the report. The report eventually resulted in the arrest of Marvin along me highway of Barangay San Francisco, Ocampo, Camarines Sur, for the illegal possession of firearm. He was, thereafter, subjected to a search of his body and of the bag allegedly found in his possession. Inside the bag, the arresting officer found an assortment of documents, including photocopies of the OR and CR of Christian's stolen motorcycle.  At the Ocampo Police Station, Marvin was asked regarding the documents discovered in his bag. P/Insp. Villamer stated that Marvin responded voluntarily, informing the police that the motorcycle was in the possession of a certain Felix Maratas (Felix) in Sta. Rosa, Laguna. Later on, P/Insp. Villamer sent a text message to Christian's brother, notifying Him that Marvin was arrested, and that they found the registration of the stolen motorcycle in his possession. Christian and his brother then went to the Ocampo Police Station, where they were advised thait Marvin has been transferred to the Naga City District Jail. On February 5, 2011, the mother of Christian, Virgie P. Mien, went to the NCDJ, intending to talk to Marvin. She asked Marvin about the registration of the subject motorcycle found in his possession, to which Marvin apparently replied by confessing his guilt. Virgie testified that Marvin admitted taking Christian's motorcycle and going on a road trip to Quezon. Marvin also allegedly told Virgie that he left the motorcycle with a certain "Insan Joy," whose address is Phase 5, Southville Subdivision, Sta. Rosa, Laguna. That night, Virgie called her friend, who was a police officer, to relay the information she obtained from Marvin. This friend of hers, Police Superintendent Teodorico Bolitic, called her a week later to inform her that the motorcycle was not at the address Marvin provided. On March 11, 2011, at around 3:00 p.m., a checkpoint was placed at the road of Barangay Kaingin, Sta. Rosa, Laguna. Senior Police Officer 3 Jaime A. Cariaso and several other police officers were manning the checkpoint-at that time. By 3:20 p.m., a blue motorcycle approached the checkpoint. Seeing that the driver was not wearing a helmet, the police flagged down the motorcycle, who refused to stop and continued to pass the checkpoint. The police officers chased the motorcycle using their police car, and finally caught up with the driver at around 3:30 pm. The police officers asked the driver of the motorcycle for his license, and for the registration documents of the motorcycle. The driver, later identified as Albert Orino (Albert), was unable to present any document. The police officers, thus, brought Albert.

ISSUE:

                Whether or not the CA should not have considered the supposed discovery of the OR and CR.

HELD:

                Yes. The search of Marvin's body and belongings, as an incident to his warrantless arrest, was not valid. Our constitution guarantees the inviolable right of every person to be secure in his or her persons, houses, papers, and effects, against unreasonable searches and seizures for whatever nature and for any purpose. There are several circumstances which the Court recognizes as exceptions to the requirement of a warrant: (a) a warrantless search incidental to a lawful arrest; (b) seizure of evidence in plain view; (c) search of a moving vehicle; (d) consented warrantless search; (e) customs search; (f) stop-and- frisk; and (g) the existence of exigent and emergency circumstances. The arrest must not be used as a mere pretext for conducting the search, and the arrest, to be lawful, must precede the search. Assuming that there was a valid arrest, the arresting officer may only search the arrestee and the area within which he or she may reach for a weapon, or for evidence to destroy. The arresting officer may also seize any money or property used in the commission of the crime, or the fruit of the crime, or that which may be used as evidence, or which might furnish the arrestee the means of escaping or committing violence. Marvin was not validly arrested. According to P/Insp. Villamer, the radio operator at the Ocanipo Police Station received a telephone call from a concerned citizen regarding a suspicious person with something bulging in his body. This report constrained P/Insp. Villamer to send a team to verify the report.  One of the police officers, SPO4 Pequiras, verified the report, which resulted in the arrest of Marvin. However, he did not specify the reason why Marvin was arrested, other than the fact that there was a report of a suspicious person.  Wherefore, petition is granted. Marvin Manebali is acquitted.

 

 

 

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