PEOPLE vs.

SUZUKI

G.R. No. 120670 (2003)

Sandoval-Gutierrez, J. / kam

SUBJECT MATTER: Crimes Relative to Opium and Other Prohibited Drugs

FACTS:

Prosecution:
On April 12, 1994, Hedishi Suzuki and Takeshi Koketsu (Japanese nationals) entered the pre-departure
area of Bacolod Airport Terminal. Suzuki is bound for Manila via PAL. Suzuki had a small traveling bag
and a box marked "Bongbong's piaya".
When he proceeded to the "walk-through metal detector", the red light switched on and the alarm sounded
signifying the presence of a metallic substance either in his person or in the box that he was carrying. This
prompted P03 Puyugao to frisk him bodily and after finding no metallic object in his body, P03 Poyugao
picked up the box of piaya and passed it through the machine. The machine was activated again.
Suzuki was thereafter ordered to go to the hand-carried luggage inspection counter. He appeared terse and
reluctant and stared to leave but SP01 Casugod called him. Eventually he consented, saying in faltering
English, open, open. SP01 Casugod opened the box and found 18 small packs, 17 of which were
wrapped in aluminum foil, a pack contains dried fruiting tops which looked like marijuana.
Then Suzuki ran outside the pre-departure area but was chased by the authorities.
Suzuki was apprehended near the terminal entrance and was brought to the PASCOM office, along with
Takeshi and his wife Lourdes Linsangan, the latter two being suspects as conspirators with appellant in
drug trafficking.
Lourdes called Atty. Tayson and when he arrived, the police apprised Suzuki of his constitutional rights.
The marijuana fruiting tops weighed about 1.9 kg or 1,900 grams. SP01 Casugod drafted a confiscation
receipt which was not acknowledged by appellant upon his counsels advice.
Appellant and his companions were placed under the custody of C/Inspector Alcantara at the NARCOM
office. The box with its contents also proved positive for marijuana upon the three tests conducted on its
specimen samples.

Defenses version:
Suzuki and Takeshi arrived in Manila on April 9, 1994 from Osaka, Japan. Purpose of the trip is for
Suzuki to collect the 2.5 million yen (500k pesos) that Takeshi owed him. Lourdes, wife of Takeshi,
fetched them at the airport and the three flew to Bacolod City. Suzuki stayed at the house of Takeshi.
2 days later, when Suzuki asked for Takeshis payment, Takeshi admitted that he had no money. So Suzuki
got angry and went to Casino Filipino where he stayed until 10:30pm. Upon leaving the casino, he met
Pinky who enticed him to have sex with her so they proceeded to Moonlight Motel. Pinky left after while
Suzuki stayed there for the night. He told her he was leaving the following morning.
When Suzuki when to the airport on April 12, Pinky was there waiting for him and gave him a box of
Bongbongs piaya as pasalubong from Bacolod City. Suzuki trusted her so he did no ascertain the
contents of the box.
Takeshi apologized to Suzuki and told him he would settle his debt next month.
 When Suzuki passed through the metal detector, a policeman frisked him, got the box and placed it inside
the metal detector. The machine produced a red light so SP01 Casugod pointed to the box and uttered
something he did not understand. Suzuki said wait a minute (in Japanese) and went outside to ask
Takeshi and Lourdes to interpret for him but they did not respond. When he was called back to the pre-
departure area, he found that the box containing something wrapped in aluminum foil was already opened.
Takeshi told him he was carrying marijuana. Suzuki said it was given to him by a woman this morning.
He and SP01 Casugod then went to the PASCOM office where the contents of the box were weighed.
Suzuki did not sign the Confiscation Receipt presented to him.
Then they proceeded to the NARCOM office then he was brought to the Bacolod Police Station.
Afterwards, they went to Nagoya Restaurant owned by Suzuki where Suzuki saw Lourdes and C/Inspector
Alcantara talking. When he asked Takeshi, the latter told him they needed money for the police. Suzuki
was brought to the prosecutors office where in Takeshi told him to keep silent as he would make a deal
with the prosecutor. Then they went to Takeshis house and stayed there for 2 dyas.
On April 14, 1994, Suzuki was brought to Bacolod City Jail. Takeshi visited him twice and asked him to
ask someone from Japan to send him money and to admit that he has in possession less than 750 grams of
marijuana so he could post bail. Suzuki refused.
5 days later, Suzuki, escorted by the police, went to Takeshis house to retrieve his money (120,000 yen or
30,000 pesos) but Takeshi told him it was already spent for food and drinks of the NARCOM agents.

Information filed: Accused is charged with the possession of 1.9 kilos or 1,900 grams of marijuana, a
prohibited drug, not being lawfully authorized to possess, prepare, administer or otherwise use any prohibited
drug.

Trial court: Hedishi Suzuki is found guilty beyond reasonable doubt of the offense charged, and is sentence to
suffer the maximum penalty of death, to pay a fine of ten million pesos, and to pay costs.

ISSUES: Appellant raised 15 issues which were discussed jointly by the Court as follows:
1. WON the PASCOM agents were authorized to conduct the search (YES)
- Appellant contends that Sec. 8 of RA 6235 which gives the authority to open and investigate
suspicious packages and cargoes does not apply to PASCOM and NARCOM agents but is limited
only to aircraft companies or operators of aircraft for hire
2. WON accused consented to the search (YES)
3. WON the search was conducted was incidental to a lawful arrest. (YES)
4. WON the confiscated items were in plain view. (YES)

RATIO:

1. The trial court correctly upheld the PASCOMs authority to open packages and cargoes, explaining that
the Police Aviation Security Command (PASCOM) is the implementing arm of the National Action
Committee on Anti-Hijacking (NACAH). Their purpose was to establish a working arrangement among
cognizant agencies, set up guidelines and procedures for the security of airport throughout the Philippines.

2. In PPvs.Canton and PPvs.Johnson we validated the search conducted on the departing passengers and the
consequent seizure of the shabu found in their persons, thus:
"Persons may lose the protection of the search and seizure clause by exposure of their persons or
property to the public in a manner reflecting a lack of subjective expectation of privacy, which
expectation society is prepared to recognize as reasonable.xxx"

It should be stressed, however, that whenever the right against unreasonable search and seizure is challenged, an
individual may choose between invoking the constitutional protection or waiving his right by giving consent to
the search or seizure. Here, appellant voluntarily gave his consent to the search conducted by the PASCOM
agents.
It is axiomatic that a reasonable search is not to be determined by any fixed formula but is to be resolved
according to the facts of each case. Given the circumstances obtaining here, we find the search conducted by the
airport authorities reasonable and, therefore, not violative of his constitutional rights. Hence, when the search of
the box of piaya revealed several marijuana fruiting tops, appellant is deemed to have been caught in flagrante
delicto, justifying his arrest even without a warrant under Section 5(a), Rule 113 of the Rules of Criminal
Procedure. The packs of marijuana obtained in the course of such valid search are thus admissible as evidence
against appellant.

3. Neither was the search incidental to a lawful arrest since appellant was not yet arrested at the time of the
search. To be considered a search incidental to a lawful arrest, the law requires that there must be a
lawful arrest before the search can be made.

4. Nonetheless, we find the trial courts reliance on the plain view doctrine misplaced. Such doctrine finds
application only when the incriminating nature of the object is in the "plain view" of the police
officer.15 Here, it is beyond cavil that the marijuana seized from appellant is contained in the box of
piaya, wrapped in aluminum foil and not immediately apparent to the airport authorities.

DISPOSITIVE: