POSADAS Y ZAMORA VS CA

ROMEO POSADAS y ZAMORA vs. THE HONORABLE COURT OF APPEALS and THE PEOPLE OF THE PHILIPPINES

G.R. No. 89139     August 2, 1990
Facts:
            Pat. Ursicio Ungad and Pat. Umbra Umpar were conducting surveillance along Magallanes Street Davao City. While they were within the preemies they spotted petitioner carrying a buri bag and they noticed him to be acting suspiciously. They approached petitioner and identified themselves as members of the INP. Petitioner attempted to flee but his attempt to get away was thwarted by the two. They checked the bag and found one caliber and two ammunitions.

Issue:
            Whether or not the arrest is a valid warrantless arrest

Ruling:
            Section 12 Rule 126 of the 1985 Rules on criminal Procedure is not applicable because at the time the police officers identified themselves  and apprehended petitioner as he attempted to flee, they did not know that he had committed or actually committing the offense of illegal possession of firearms and ammunitions. They just suspected that he is hiding something.
            The probable cause is that when the petitioner acted suspiciously and attempted to flee with the buri bag there was a probable cause that he was concealing something illegal in the bag and it was the right and duty of the police officers to inspect the same

            It is too much indeed to require the police officers to search the bag in the possession of the petitioner only after they shall have obtained a search warrant for the purpose. Such exercise may prove to be useless, futile and mush too late.

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