Facts: Idel Aminnudin, accused-appellant was arrested on June 25, 1984, shortly after disembarking from the M/V Wilcon 9 at about 8:30 in the evening, in Iloilo City. The PC officers who were in fact waiting for him because of a tip from one their informers simply accosted him, inspected his bag and finding what looked liked marijuana leaves took him to their headquarters for investigation. The two bundles of suspect articles were confiscated from him and later taken to the NBI laboratory for examination. It was found to contain three kilos of what were later analyzed as marijuana leaves by an NBI forensic examiner. An information for violation of the Dangerous Drugs Act was filed against him. Later, the information was amended to include Farida Ali y Hassen, who had also been arrested with him that same evening and likewise investigated. Both were arraigned and pleaded not guilty. Subsequently, the fiscal filed a motion to dismiss the charge against Ali on the basis of a sworn statement of the arresting officers absolving her after a 'thorough investigation." The motion was granted, and trial proceeded only against the accused-appellant, who was eventually convicted . In his defense, Aminnudin disclaimed the marijuana, averring that all he had in his bag was his clothing consisting of a jacket, two shirts and two pairs of pants. He alleged that he was arbitrarily arrested and immediately handcuffed. His bag was confiscated without a search warrant. At the PC headquarters, he was manhandled to force him to admit he was carrying the marijuana, the investigator hitting him with a piece of wood in the chest and arms even as he parried the blows while he was still handcuffed. He insisted he did not even know what marijuana looked like and that his business was selling watches and sometimes cigarettes. However the RTC rejected his allegations. Saying that he only has two watches during that time and that he did not sufficiently proved the injuries allegedly sustained.
Issue: Whether or not search of defendant’s bag is legal.
Held: The search was illegal. Defendant was not caught in flagrante delicto, which could allow warrantless arrest or search. At the moment of his arrest, he was not committing a crime. Nor was he about to do so or had just done so. To all appearances, he was like any of the other passengers innocently disembarking from the vessel. The said marijuana therefore could not be appreciated as evidence against the defendant, and furthermore he is acquitted of the crime as charged.
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