ARSENIO VERGARA VALDEZ
vs. People of the Philippines
G.R. No 170180
November 23, 2007
Facts:
Petitioner
Arsenio Valdez was found guilty by the lower courts for the violation of
Section 11 of RA 9165 (illegal possession of dangerous drugs) after dried
marijuana leaves were found in his possession by three barangay tanods who made
a search on him
Petitioner
denied ownership and purported that he had just alighted from the bus when one
of the barangay tanods approached him and requested to see the contents of his
bags. The petitioner was then brought by the three tanods to the house of Brgy.
Captain Mercado, who again ordered to have the bag opened. During which, the dried marijuana leaves were
found.
Petitioner
prays for his acquittal questioning, although for the first time on appeal,
that his warrantless arrest was effected unlawfully and the warrantless search
that followed was likewise contrary to law.
Issue:
Whether
or not the petitioner should be acquitted for the lack of a warrant supporting
the arrest and the search.
