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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