Friday, February 6, 2009

PEOPLE VS. SAYCON [236 SCRA 325; G.R. NO. 110995; 5 SEPT 1994]



Facts:
On or about 8 July 1992, at about 6:00 in the morning, the Coastguard personnel received information from NARCOM agent Ruben Laddaran that a suspected "shabu" courier by the name of Alvaro Saycon was on board the MV Doña Virginia, which was arriving at that moment in Dumaguete City. Upon receipt of the information, the Coastguard chief officer CPO Tolin, instructed them to intercept the suspect. A combined team of NARCOM agents and Philippine Coastguard personnel consisting of CPO Tolin, a certain Miagme, and Senior Police Officers Ruben Laddaran and Winifredo Noble of NARCOM posted themselves at the gate of Pier 1. The MV Doña Virginia docked at 6:00 a.m. that same morning at Pier 1 in Dumaguete City. Alvaro Saycon alighted from the boat carrying a black bag and went through the checkpoint manned by the Philippine Coastguard where he was identified by police officer Winifredo Noble of NARCOM. Saycon was then invited to the Coastguard Headquarters at the Pier area. He willingly went with them. At the headquarters, the coastguard asked Saycon to open his bag, and the latter willingly obliged. In it were personal belongings and a maong wallet. Inside that maong wallet, there was a Marlboro pack containing the suspected "shabu". When police officer Winifredo Noble asked Saycon whether the Marlboro pack containing the suspected "shabu" was his, Saycon merely bowed his head. Then Saycon, his bag and the suspected "shabu" were brought to the NARCOM office for booking. When Alvaro Saycon was arrested, the NARCOM agents did not have a warrant of arrest. The PNP's Forensic Analyst declared in court that she had conducted an examination of the specimens and found out that the specimens weighed 4.2 grams in total, consisted of methamphetamine hydrochloride, more widely known as "shabu."


Issue: Whether or Not the warrantless search was valid.


Held: The warrantless search was valid, as the accused was a passenger of a motor vehicle. There was probable cause to believe that the accused was carrying prohibited drugs. Three weeks earlier, agents of the Narcotics Command bought methamine hydrochloride from him. An agent of the Narcotics Command reported that the accused would be arriving on board the vessel and carrying methamphetamine hydrochloride with him. Drug couriers do not go about their trade with some external sign indicating that they are transporting prohibited drugs. This must be taken into account in determining probable cause.

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