SUSAN ROMINES VS PEOPLE

Ponente: Carpio-Morales, J.
Date: August 25, 2010
Facts:
Based on informants tip, PO1 Cruzin and PO2 Aguas proceeded to conduct a surveillance at
Bayanihan St. in Pasay on the activities of alleged notorious snatcher known as Ryan
When they got out of the car, they glanced at the petitioners direction (3m away) who was
seen placing inside a yellow cigarette case a small plastic sachet containing a white
substance
Although PO1 was not sure what it contained, he became suspicious when the petitioner
started acting strangely as he approached
He introduced himself as a police officer and asked re: plastic sachet but instead of replying,
she tried to flee to her house but was restrained by PO1 who asked her to take out the plastic
sachet from the case
After apprising petitioner of her constitutional rights, PO1 Cruzin confiscated the plastic
sachet on which he marked her initials "SRE." With the seized item, petitioner was brought for
investigation to a Pasay PS
Defense: ~1pm, she was sick and resting at home, police barged in and asked her whether
she knew one named "Ryan, said no, she was then forced her to go with them to station
While she was under detention, the police officers were toying with a wallet which they
claimed contained shabu and recovered from her
Petitioner claimed that the evidence against her was "planted = corroborated by daughter
and family friend
TC found her guilty of illegal possession of shabu
On appeal, she questioned the legality of her arrest without warrant and that the evidence
against her should be inadmissible; CA affirmed the TC police had probable cause to search
her under stop-and-frisk
On appeal to SC, petitioner argues that there was no probable because the officer merely
noticed her placing something inside a cigarette case which could hardly be deemed
suspicious
Issue: W/N the search was valid? YES
Held/Ratio:
For one, she raised the question of her warrantless arrest only on appeal and she is deemed
to have waived any objections
What is, therefore, essential is that a genuine reason must exist, in light of the police officer's
experience and surrounding conditions, to warrant the belief that the person who manifests
unusual suspicious conduct has weapons or contraband concealed about him
The Court finds that the questioned act of the police officers constituted a valid "stop-andfrisk" operation. The search/seizure of the suspected shabu was undertaken after she was
interrogated on what she placed inside a cigarette case, and after PO1 Cruzin introduced
himself to petitioner as a police officer.
And, at the time of her arrest, petitioner was exhibiting suspicious behavior and in fact
attempted to flee after the police officer had identified himself.
Re: Frame-up = For this claim to prosper, the defense must adduce clear and convincing
evidence to overcome the presumption of regularity of official acts of government officials =
failed to do
Dissent, J. Bersamin
A waiver of an illegal warrantless arrest does not also mean a waiver of the inadmissibility of
evidence seized during an illegal warrantless arrest

Terry protective search is strictly limited to what is necessary for the discovery of weapons
that may be used to harm the officer of the law or others nearby. There must then be a
genuine reason to believe that the accused is armed and presently dangerous
Yet, the totality of the circumstances described by PO1 Cruzin did not suffice to
engender any reasonable suspicion in his mind.