SR. INSP. JERRY C. VALEROSO v. CA, GR No.

164815, 2009-09-03

Facts:

On July 10, 1996, at around 9:30 a.m., Disuanco received a Dispatch Order from the desk officer directing him
and three (3) other policemen to serve a Warrant of Arrest, issued by Judge Ignacio Salvador, against Valeroso
for a case of kidnapping with ransom.6

After a briefing, the team conducted the necessary surveillance on Valeroso checking his hideouts in Cavite,
Caloocan, and Bulacan. Eventually, the team members proceeded to the Integrated National Police (INP) Central
Police Station in Culiat, Quezon City, where they saw Valeroso about to board a tricyle. Disuanco and his team
approached Valeroso. They put him under arrest, informed him of his constitutional rights, and bodily searched
him. They found a Charter Arms revolver, bearing Serial No. 52315, with five (5) pieces of live ammunition,
tucked in his waist.7

Disuanco and his team approached Valeroso. They put him under arrest, informed him of his constitutional
rights, and bodily searched him. They found a Charter Arms revolver, bearing Serial No. 52315, with five (5)
pieces of live ammunition,... tucked in his waist.

Upon verification in the Firearms and Explosives Division in Camp Crame, Deriquito presented a certification[8]
that the subject firearm was not issued to Valeroso,... Valeroso, SPO3 Agustin R. Timbol, Jr. (Timbol), and Adrian
Yuson testified for the defens

He was awakened by four (4) heavily armed men in civilian attire who pointed their guns at him and pulled him
out of the... room.[10] The raiding team tied his hands and placed him near the faucet (outside the room) then
went back inside, searched and ransacked the room. Moments later, an operative came out of the room and
exclaimed, "Hoy, may nakuha akong baril sa... loob!

Disuanco informed Valeroso that there was a standing warrant for his arrest. However, the raiding team was not
armed with a search warrant.

Valeroso was charged with violation of Presidential Decree No. 1866... have in his/her possession and under
his/her custody and... control ( cal. 38 "Charter Arms" revolver bearing serial no. 52315 with five (5) live ammo.

Issues:

is the warrantless search and seizure of the firearm and ammunition valid?

Ruling:

We answer in the negative.

The arresting officers would have been justified in searching the person of Valeroso, as well as the tables or
drawers in front of him, for any concealed weapon that might be used against the former. But under the
circumstances obtaining, there was no comparable justification to... search through all the desk drawers and
cabinets or the other closed or concealed areas in that room itself.

In the case before us, search was made in the locked cabinet which cannot be said to have been within
Valeroso's immediate control. Thus,... the search exceeded the bounds of what may be considered as an
incident to a lawful arrest

Nor can the warrantless search in this case be justified under the "plain view doctrine."

However, in this case, the police officers did not just accidentally discover the subject firearm and ammunition;
they actually searched for evidence against Valeroso.
the search made was illegal, a violation of Valeroso's right against unreasonable search and seizure.
Consequently, the evidence obtained in violation of said right is inadmissible in evidence against him.

Principles:

The right against unreasonable searches and seizures is secured by Section 2, Article III of the Constitution which
states:

SEC. 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable
searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon... probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to be seized.

From this constitutional provision, it can readily be gleaned that, as a general rule, the procurement of a warrant
is required before a law enforcer can validly search or seize the person, house, papers, or effects of any
individual

"any evidence obtained in violation of this or the preceding section... shall be inadmissible in evidence for any
purpose in any proceeding.

The above proscription is not, however, absolute. The following are the well-recognized instances where
searches and seizures are allowed even without a valid warrant:

Warrantless search incidental to a lawful arrest;

[Seizure] of evidence in "plain view." The elements are: a) a prior valid intrusion based on the valid warrantless
arrest in which the police are legally present in the pursuit of their official duties; b) the evidence was
inadvertently discovered by the police... who have the right to be where they are; c) the evidence must be
immediately apparent; and d) "plain view" justified mere seizure of evidence without further search;

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;

the Rules of Court, which reads:

SEC. 13. Search incident to lawful arrest. - A person lawfully arrested may be searched for dangerous weapons
or anything which may have been used or constitute proof in the commission of an offense without a search
warrant.

in lawful arrests, it becomes both the duty and the right of the apprehending officers to conduct a warrantless
search not only on the person of the suspect, but also in the permissible area within the latter's reach... in lawful
arrests, it becomes both the duty and the right of the apprehending officers to conduct a warrantless search not
only on the person of the suspect, but also in the permissible area within the latter's reach.

a valid... arrest allows the seizure of evidence or dangerous weapons either on the person of the one arrested or
within the area of his immediate control.

phrase "within the area of his immediate control" means the area from within which he... might gain possession
of a weapon or destructible evidence

A gun on a table or in a drawer in front of one who is arrested can be as dangerous to the arresting officer as
one concealed in the clothing of the person arrested.
who were heavily armed. They pulled him out... of the room, placed him beside the faucet outside the room,
tied his hands, and then p

The "plain view doctrine" may not be used to launch unbridled searches and indiscriminate seizures or to extend
a general exploratory search made solely to find evidence of defendant's guilt. The doctrine is usually applied
where a police officer is not searching for evidence... against the accused, but nonetheless inadvertently comes
across an incriminating object

Because a warrantless search is in derogation of a constitutional right, peace officers who conduct it cannot
invoke regularity in the performance of official functions.[

The Bill of Rights is the bedrock of constitutional government. If people are stripped naked of their rights as
human beings, democracy cannot survive and government becomes meaningless. This explains why the Bill of
Rights, contained as it is in Article III of the Constitution,... occupies a position of primacy in the fundamental law
way above the articles on governmental power