Documentos de Académico
Documentos de Profesional
Documentos de Cultura
Lacerna (1997)
Subject:
Exceptions to the rule against warrantless arrest; Search of luggage inside a
vehicle requires existence of probable cause; Consented search valid if intelligently
made; To be punishable, to give away a prohibited drug should be with the intent
to transfer ownership; Elements of illegal sale of prohibited drugs; Criminal intent
need not be proved in prosecution of acts mala prohibita ; Intent to perpetrate the
act, not intent to commit the crime necessary in prosecution of acts prohibited by
special laws
Facts:
Noriel and Marlon Lacerna were inside a taxi when the group of Police Officer
Carlito Valenzuela of the Western Police District signaled the taxi driver to park by
the side of the road in lieu of a police checkpoint. P03 Valenzuela asked permission
to search the vehicle. The officers went about searching the luggages in the vehicle.
They found 18 blocks wrapped in newspaper with a distinct smell of marijuana
emanating from it. When the package was opened, P03 Valenzuela saw dried
marijuana leaves. According to Noriel and Marlon, the bag was a padala of their
uncle. Marlon admitted that he was the one who gave the 18 bundle blocks of
marijuana to his cousin Noriel as the latter seated at rear of the taxi with it. He
however denied knowledge of the contents of the package.
Marlon was charged before the RTC for giving away marijuana to another.
Noriel on the other hand was acquitted for insufficiency of evidence. The court
noticed that Noriel manifested probinsyano traits and was, thus, unlikely to have
dealt in prohibited drugs.
Marlon objected on the RTCs decision, stating that the lower court erred in
saying that the act of giving away to another is not defined under R.A. 6425 or the
Dangerous Drugs Act. He also said that he was not aware of the contents of the
plastic bag given to him by his uncle. Marlon also raised that his right against
warrantless arrest and seizure was violated.
Held:
Exceptions to the rule against warrantless arrest
1. Five generally accepted exceptions to the rule against warrantless arrest have
been judicially formulated as follows:
(1) search incidental to a lawful arrest
(2) search of moving vehicles
(3) seizure in plain view,
15. In this case, Marlon failed to overcome the presumption of his knowledge of the
contents of the package. He was thus held liable for illegal possession of prohibited
drugs.