Posadas vs. CA

ROMEO POSADAS vs. THE HONORABLE COURT OF APPEALS and THE PEOPLE OF THE PHILIPPINES

G.R. No. 89139 August 2, 1990

 A reasonable search is not to be determined by any fixed formula but is to be resolved according to the facts of each case.

Two police officers were patrolling the area where the petitioner was spotted carrying a buri bag.  The officers approached petitioner and identified themselves as member of Integrated National Police (INP). Petitioner attempted to flee but his attempt to get away was thwarted by the two notwithstanding his resistance. They then checked the "buri" bag of the petitioner where they found one (1) caliber .38 Smith & Wesson revolver, two (2) rounds of live ammunition for a .38 caliber gun  a smoke (tear gas) grenade, and two (2) live ammunitions for a .22 caliber gun.  They brought the petitioner to the police station for further investigation. In the course of the same, the petitioner was asked to show the necessary license or authority to possess firearms and ammunitions found in his possession but he failed to do so. He was prosecuted for illegal possession of firearms and ammunitions in RTC.

Petitioner argues there being no lawful arrest or search and seizure, the items which were confiscated from the possession of the petitioner are inadmissible in evidence against him.

ISSUE: Whether or not the warrantless arrest is valid.

RULING: The arrest is valid.

it is clear that an arrest without a warrant may be effected by a peace officer or private person, among others, when in his presence the person to be arrested has committed, is actually committing, or is attempting to commit an offense; or when an offense has in fact just been committed, and he has personal knowledge of the facts indicating that the person arrested has committed it.

At the time the peace officers in this case identified themselves and apprehended the petitioner as he attempted to flee they did not know that he had committed, or was actually committing the offense of illegal possession of firearms and ammunitions. They just suspected that he was hiding something in the buri bag. They did now know what its contents were. The said circumstances did not justify an arrest without a warrant. However, there are many instances where a warrant and seizure can be effected without necessarily being preceded by an arrest, foremost of which is the "stop and search" without a search warrant at military or police checkpoints, the constitutionality or validity of which has been upheld by the SC.  In Valmonte vs. de Villa, not all searches and seizures are prohibited. Those which are reasonable are not forbidden. A reasonable search is not to be determined by any fixed formula but is to be resolved according to the facts of each case.

The probable cause is that when the petitioner acted suspiciously and attempted to flee with the buri bag there was a probable cause that he was concealing something illegal in the bag and it was the right and duty of the police officers to inspect the same.