CrimPro 09 - Rule126 Sec13 People vs Bagista

CrimPro 09 - Rule126 Sec13 People vs Bagista - VOL 214 63...

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10/5/2016 SUPREME COURT REPORTS ANNOTATED VOLUME 214 1/12 VOL. 214, SEPTEMBER 18, 1992 63 People vs. Bagista G.R. No. 86218. September 18, 1992. * THE PEOPLE OF THE PHILIPPINES, plaintiff­appellee, vs. ELSIE BAGISTA y BANGCO, accused­appellant. Criminal Procedure; Warrantless searches and seizures; Search of moving vehicles; Evidence obtained during course of valid warrantless search admissible. —The constitutional proscription against warrantless searches and seizures admits of certain exceptions. Aside from a search incident to a lawful arrest, a warrantless search had been upheld in cases of a moving vehicle, and the seizure of evidence in plain view. With regard to the search of moving vehicles, this had been justified on the ground that the mobility of motor vehicles makes it possible for the vehicle to be searched to move out of the locality or jurisdiction in which the warrant must be sought. This in no way, however, gives the police officers unlimited discretion to conduct warrantless searches of automobiles in the absence of probable cause. When a vehicle is stopped and subjected to an extensive search, such a warrantless search has been held to be valid only as long as the officers conducting the search have reasonable or probable cause to believe before the search that they will find the instrumentality or _______________ * SECOND DIVISION. 64 64 SUPREME COURT REPORTS ANNOTATED People vs. Bagista
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10/5/2016 SUPREME COURT REPORTS ANNOTATED VOLUME 214 2/12 evidence pertaining to a crime, in the vehicle to be searched. The NARCOM officers in the case at bar had probable cause to stop and search all vehicles coming from the north at Acop, Tublay, Benguet in view of the confidential information they received from their regular informant that a woman having the same appearance as that of accused­appellant would be bringing marijuana from up north. They likewise have probable cause to search accused­appellant’s belongings since she fits the description given by the NARCOM informant. Since there was a valid warrantless search by the NARCOM agents, any evidence obtained during the course of said search is admissible against accused­appellant. Evidence; Credibility of witnesses. —In weighing contrary declarations and statements, greater weight must generally be given to the positive testimonies of the prosecution witnesses than the denials of the accused­appellant. Same; Same; Minor discrepancies in testimony do not affect prosecution witness’ credibility. —As to the alleged discrepancies in the prosecution’s case, such as the color of the stripes of the bag which contained the marijuana and whether the items seized from accused­appellant were marijuana leaves or marijuana fruit tops, these are minor in character and do not detract from the prosecution’s case since it was shown by the Receipt of Property Seized, which was signed by accused­appellant, that these were the very items taken from her at the time of her arrest.
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  • Fall '16
  • Law School
  • Fourth Amendment to the United States Constitution, People vs, Searches and seizures, narcom agents

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