BVR CONSULTING INC
  • HOME
  • OUR SERVICES
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • I.T. SOLUTIONS
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • TRAININGS & SEMINARS
    • AUDIT
    • TAX COMPLIANCE & ACCOUNTING
    • ADVISORY
  • BVR ACCOUNTING
    • TAX COMPLIANCE & ACCOUNTING
    • ADVISORY
    • AUDIT
    • TRAININGS & SEMINARS
  • CONTACT US
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • ONLINE TAX PREPARATION

a collections of case digests and laws that can help aspiring law students to become a lawyer. 
this webpage is
 primarily designed to assist students of law in their studies. It is merely a tool. The use of our Services does not guarantee success in obtaining a law degree nor in passing the Bar Exams. we makes no warranties or representations of any kind, whether expressed or implied for the Services provided. The cases, laws, and other publications found in this site are of public domain, collected from public sources such as the Supreme Court online library. The content however have been heavily modified, formatted, and optimized for better user experience, and are no longer perfect copies of their original. we gives no warranty for the accuracy or the completeness of the materials. This site also contains materials published by the students, professors, lawyers, and other users of the our Services. 


Esquillo vs People 629 SCRA 370

12/25/2020

0 Comments

 
​Esquillo vs People 629 SCRA 370
 
Facts:
Police officer was assigned in Malibay , Pasay to conduct surveillance on a notorious snatcher named Ryan. It was during that time the police officer noticed the petitioner. The police officer saw the petitioner standing three (3) meters away from them. They saw the latter place inside a yellow cigarette case a plastic sachet containing a white substance. They approached the petitioner and introduced themselves as a police officer. Subsequently, they inquired regarding the sachet the petitioner placed inside the case. The petitioner acted suspiciously and even tried to flee. The police officer prevented her from doing so. They apprised the petitioner of her constitutional rights and then confiscated the sachet. They marked the sachet with the initials “SRE” and took the petitioner to the police station.
 
The petitioner contends against the police officer’s statement. The petitioner said that she was resting at home when policeman barged inside and asked her whether or not she knew a certain “Ryan”. She replied in the negative. Afterwards, she was forcibly taken to the police station and was detained there. During her detention, the police officers were claiming that that there was shabu inside the wallet they seized from her. Petitioner was claiming that the evidence was planted.
 
Issue:
Whether or not the warrantless arrest conducted by the police against petitioner was valid.
 
Held:
Yes. The circumstances before the eventual arrest gave the police officer a reasonable belief that a search on her was warranted. The police officer saw in plain view that the petitioner was placing a plastic sachet containing a white substance inside her cigarette case. Give the training of police officer, they would likely be drawn to curiosity and approach her to inquire regarding such matter. The petitioner reaction of attempting to flee after the police officer introduced his self gave more reason  for the officer to check the petitioner.
There are instances when searches are reasonable even when warrantless. In the Rules of Court, searches incidental to lawful arrests are allowed even without a separate warrant. This court has taken into account the "uniqueness of circumstances involved including the purpose of the search or seizure, the presence or absence of probable cause, the manner in which the search and seizure was made, the place or thing searched, and the character of the articles procured. The known jurisprudential instances of reasonable warrantless searches and seizures are:
1. Warrantless search incidental to a lawful arrest.
2. Seizure of evidence in "plain view
3. Search of a moving vehicle. Highly regulated by the government, the vehicle’s inherent mobility reduces expectation of privacy especially when its transit in public thoroughfares furnishes a highly reasonable suspicion amounting to probable cause that the occupant committed a criminal activity;
4. Consented warrantless search;
5. Customs search;
6. Stop and frisk; and
7. Exigent and emergency circumstances.
0 Comments



Leave a Reply.

    Archives

    September 2024
    August 2024
    May 2024
    December 2023
    July 2023
    June 2023
    May 2023
    January 2023
    December 2022
    August 2022
    July 2022
    June 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    July 2021
    June 2021
    May 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    April 2020
    March 2020
    October 2019
    September 2019
    August 2019
    March 2018

    Categories

    All
    Agrarian Law
    Articles-of-incorporation
    By-laws
    Constitutional Law
    Criminal Law
    Law
    Persons And Family Relations

    RSS Feed

Powered by Create your own unique website with customizable templates.
  • HOME
  • OUR SERVICES
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • I.T. SOLUTIONS
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • TRAININGS & SEMINARS
    • AUDIT
    • TAX COMPLIANCE & ACCOUNTING
    • ADVISORY
  • BVR ACCOUNTING
    • TAX COMPLIANCE & ACCOUNTING
    • ADVISORY
    • AUDIT
    • TRAININGS & SEMINARS
  • CONTACT US
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • ONLINE TAX PREPARATION