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G.R. No. L-63630 April 6, 1990 GUTIERREZ, JR., J.: PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.

MEDEL TANGLIBEN Y BERNARDINO, defendant-appellant. FACTS: Patrolmen Quevedo and. Punzalan were conducting surveillance mission at the Victory Liner Terminal compound located at Barangay San Nicolas, San Fernando, Pampanga. It was around 9:30 in the evening that said Patrolmen noticed Medel Tangliben carrying a traveling bag who was acting suspiciously. They confronted Tangliben and requested to open the red traveling bag but the latter refused, only to accede later on when the patrolmen identified themselves. Marijuana leaves wrapped in a plastic wrapper and weighing one kilo, more or less, were found inside the bag. ISSUE: WON the marijuana allegedly seized from the accused was a product of an unlawful search without a warrant and is therefore inadmissible in evidence. RULING: One of the exceptions to the general rule requiring a search warrant is a search incident to a lawful arrest. Thus, Section 12 of Rule 126 of the 1985 Rules on Criminal Procedure provides: Section 12. Search incident to a lawful arrest. A person lawfully arrested may be searched for dangerous weapons or anything which may be used as proof of the commission of an offense, without a search warrant. Meanwhile, Rule 113, Sec. 5(a) provides: A peace officer or a private person may, without a warrant, arrest a person when, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense. Accused was caught in flagrante, since he was carrying marijuana at the time of his arrest. This case therefore falls squarely within the exception. The warrantless search was incident to a lawful arrest and is consequently valid. Although the trial court's decision did not mention it, the transcript of stenographic notes reveals that there was an informer who pointed to the accused-appellant as carrying marijuana. Faced with such on-the-spot information, the police officers had to act quickly. There was not enough time to secure a search warrant.

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