Case Digest (G.R. No. 211214)
Facts:
- Larry Sabuco Manibog (petitioner) vs. People of the Philippines (respondent).
- Supreme Court decision dated March 20, 2019.
- Incident occurred on March 17, 2010, in Brgy. Madamba, Dingras, Ilocos Norte.
- Manibog charged with violating the Omnibus Election Code regarding the gun ban from January 10, 2010, to June 9, 2010.
- Accused of unlawfully carrying a .45 caliber pistol without a permit from the Commission on Elections.
- Manibog pleaded not guilty during arraignment.
- Case focused on the legality of the search and seizure of the firearm.
- Police Chief Inspector Randolph Beniat received a tip about Manibog carrying a gun.
- Upon approach, Beniat noticed a bulge on Manibog's waist, suspected to be a firearm.
- A pat-down confirmed the presence of the gun, leading to Manibog's arrest.
- The Regional Trial Court found him guilty, ruling the warrantless search was lawful.
- The Court of Appeals upheld the decision, prompting Manibog to file a Petition for Review on Certiorari to the Supreme Court.
Issue:
- (Unlock)
Ruling:
- The Supreme Court denied the petition, affirming the lower courts' decisions.
- The warrantless search was deemed valid, ...(Unlock)
Ratio:
- The Supreme Court highlighted that a valid "stop and frisk" search requires a totality of suspicious circumstances.
- Article III, Section 2 of the 1987 Philippine Constitution protects against unreasonable searches and seizures, necessitating a warrant based on probable cause.
- Exceptions to warrantless searches include searches incidental to lawful arrests and those under the "plain view" doctrine.
- The Court found probable cause for the stop ...continue reading
Case Digest (G.R. No. 211214)
Facts:
The case involves Larry Sabuco Manibog (petitioner) against the People of the Philippines (respondent), with the decision rendered by the Supreme Court on March 20, 2019. The events leading to the case unfolded on March 17, 2010, in Brgy. Madamba, Dingras, Ilocos Norte, where Manibog was charged with violating the Omnibus Election Code, specifically the gun ban during the election period from January 10, 2010, to June 9, 2010. The Information accused him of unlawfully carrying a .45 caliber pistol without the necessary permit from the Commission on Elections. During the arraignment, Manibog pleaded not guilty.
The case in the lower court revolved around the legality of the search and seizure of the firearm. Police Chief Inspector Randolph Beniat received a tip from a police asset that Manibog was seen with a gun tucked in his waistband outside the Municipal Tourism Office. Upon approaching Manibog, Beniat observed a bulge on his waist, which he suspected to be a firearm. After confirming the presence of the gun through a pat-down, the police arrested Manibog for the gun ban violation. The Regional Trial Court found him guilty, ruling that the warrantless search was incidental to a lawful arrest based on probable cause. The Court ...