**Facts:**
On September 27, 1997, PO3 Teofilo B. Fami and SPO3 Cesar B. Cabling conducted surveillance along Perimeter Street, Barangay Pag-asa, Olongapo City, based on information regarding an illegal drug transaction. Jesus Nuevas was apprehended carrying a plastic bag containing marijuana. Nuevas then led the officers to Reynaldo Din and Fernando Inocencio, who were also found with marijuana. The Regional Trial Court (RTC) of Olongapo City, in a consolidated trial, found Nuevas, Din, and Inocencio guilty of illegal possession of marijuana, sentencing them to reclusion perpetua and a fine. Nuevas’s appeal was later withdrawn. Din and Inocencio’s conviction was appealed to the Court of Appeals (CA), which affirmed the RTC’s decision. The case was elevated to the Supreme Court on account of the legality of the warrantless searches and seizures conducted by the police officers.
**Issues:**
1. Whether the warrantless search and seizure of the marijuana from Nuevas, Din, and Inocencio were valid.
2. Whether the rights of Din and Inocencio against unreasonable searches and seizures were violated.
3. Whether the consent of Nuevas and Din to the searches was freely and voluntarily given.
**Court’s Decision:**
The Supreme Court highlighted several principles regarding the warrantless searches and seizures:
– A search incidental to a lawful arrest requires that the arrest must precede the search.
– The “plain view” doctrine does not justify the seizure in this case as the marijuana was enclosed and not immediately apparent.
– Consent to search must be unequivocal, specific, intelligently given, and without duress.
For Nuevas, the Court found that he had voluntarily surrendered the plastic bag containing marijuana. However, his appeal had already been withdrawn, rendering discussion moot.
For Din, the Court found inconsistencies in police testimonies regarding the acquisition of the plastic bag from Din and ruled that his supposed consent was not proven to be voluntary.
For Inocencio, the Court found that mere looking at the contents of Din’s bag could not constitute illegal possession or imply consent to the search.
**Doctrines:**
– The court reiterated the principle that warrantless searches and seizures are generally unconstitutional unless they fall under recognized exceptions.
– Consent to a search must be clear, unequivocal, and freely given.
– The prosecution has the burden of proof to justify a warrantless search and establish consent.
– Mere passive observation or possession does not constitute consent or illegal possession.
**Class Notes:**
– Warrantless search incidental to a lawful arrest requires that the arrest precedes the search.
– Consent to search must be voluntary, specific, and unequivocally expressed.
– The evidence obtained through an invalid warrantless search is inadmissible in court.
– Legal statutes: Republic Act No. 6425 (“The Dangerous Drugs Act”), Rules of Court on warrantless arrest (Rule 113, Section 5), and search incidental to a lawful arrest (Rule 126, Section 13).
**Historical Background:**
This case illustrates the Philippine judiciary’s strict adherence to constitutional protections against unreasonable searches and seizures. It underscores the balance the courts strive to maintain between enforcing the law and upholding individual rights, demonstrating the challenges in drug enforcement within the Philippines’ legal framework.
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