POSADAS vs.

COURT OF APPEALS
188 SCRA 288 | August 2, 1990

FACTS:
Two policemen were conducting a surveillance along Magallanes Street, Davao City
when they spotted the petitioner acting suspiciously while carrying a buri bag.
Unlicensed firearms and ammunitions were found inside the bag of the petitioner.
Petitioner was found guilty of illegal possession of firearms and ammunitions. On
appeal, petitioner assailed the validity of the warrantless search made against him.
ISSUE:
That 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.
RULING:
A police officer may in appropriate circumstances and in an appropriate manner
approach a person for the purpose of investigating possible criminal behaviour
even though there is no probable cause to make an arrest. In such a situation, it is
reasonable for an officer rather than simply to shrug his shoulder and allow a crime
to occur, to stop a suspicious individual briefly in order to determine his identity or
maintain the status quo while obtaining more information.
The search thereat in the case at bar . . . was effected on the basis of a probable
cause. 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.

Between the inherent right of the state to protect its existence and promote public
welfare and an individuals right against a warrantless search which is however
reasonably conducted, the former should prevail.