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    People VS Calantiao

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    Lloyd David P. Vicedo
    The defendant Medario Calantiao appealed his conviction for illegally possessing 997.9 grams of marijuana. The Supreme Court ruled that the search of Calantiao was legal and valid as a search incident to a lawful arrest. Police officers had responded to a report of a traffic dispute where passengers of a taxi, including Calantiao, fired guns at the police. During a chase and arrest of Calantiao, police recovered a black bag in his possession containing marijuana. The Court found the warrantless search was reasonable to protect officer safety and prevent destruction of evidence. It affirmed Calantiao's conviction.

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    People VS Calantiao

    Uploaded by

    Lloyd David P. Vicedo
    12 views2 pages
    The defendant Medario Calantiao appealed his conviction for illegally possessing 997.9 grams of marijuana. The Supreme Court ruled that the search of Calantiao was legal and valid as a search incident to a lawful arrest. Police officers had responded to a report of a traffic dispute where passengers of a taxi, including Calantiao, fired guns at the police. During a chase and arrest of Calantiao, police recovered a black bag in his possession containing marijuana. The Court found the warrantless search was reasonable to protect officer safety and prevent destruction of evidence. It affirmed Calantiao's conviction.

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    Consti digest

    Original Title

    410. PEOPLE VS CALANTIAO

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    The defendant Medario Calantiao appealed his conviction for illegally possessing 997.9 grams of marijuana. The Supreme Court ruled that the search of Calantiao was legal and valid as a search incident to a lawful arrest. Police officers had responded to a report of a traffic dispute where passengers of a taxi, including Calantiao, fired guns at the police. During a chase and arrest of Calantiao, police recovered a black bag in his possession containing marijuana. The Court found the warrantless search was reasonable to protect officer safety and prevent destruction of evidence. It affirmed Calantiao's conviction.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    12 views2 pages

    People VS Calantiao

    Uploaded by

    Lloyd David P. Vicedo
    The defendant Medario Calantiao appealed his conviction for illegally possessing 997.9 grams of marijuana. The Supreme Court ruled that the search of Calantiao was legal and valid as a search incident to a lawful arrest. Police officers had responded to a report of a traffic dispute where passengers of a taxi, including Calantiao, fired guns at the police. During a chase and arrest of Calantiao, police recovered a black bag in his possession containing marijuana. The Court found the warrantless search was reasonable to protect officer safety and prevent destruction of evidence. It affirmed Calantiao's conviction.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    410. PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs.

    MEDARIO CALANTIAO, Accused-Appellant.


    G.R. No. 203984 June 18, 2014

    FACTS:
    On November 13, 2003, per report of a certain Edwin Lojera, it appears that
    while driving a towing truck and traversing along EDSA, Balintawak, Quezon City,
    he had a traffic dispute with a white taxi cab prompting him to follow said vehicle
    until they reached along 8th Avenue Street corner C-3 Road, Caloocan City.
    Thereat, the passengers of said taxi cab, one of them was accused Calantiao,
    alighted and fired their guns.
    Police officers on duty then PO1 NELSON MARIANO and PO3 EDUARDO
    RAMIREZ immediately responded to said complaint. While approaching said
    vehicle, two armed men alighted, fired their guns towards them and ran away.
    The policemen chased them. PO1 Mariano recovered from Calantiao a black bag
    containing two (2) bricks of dried marijuana. Suspects and the confiscated items
    were then turned over to SPO3 PABLO TEMENA, police investigator at Bagong
    Barrio Police Station for investigation.
    RTC rendered its Decision declaring accused Medario Calantiao guilty beyond
    reasonable doubt of the offense of Violation of Section 11, Article II, R.A. 9165,
    for illegally possessing 997.9 grams of marijuana fruiting tops. The RTC held that
    the illegal drug seized was admissible in evidence as it was discovered during a
    body search after Calantiao was caught in flagrante delicto of possessing a gun
    and firing at the police officers.
    Aggrieved, Calantiao appealed his conviction to the Court of Appeals, which
    affirmed the decision of the lower court.

    ISSUE:
    W/N the search was illegal, it being done without a warrant.

    RULING:
    It is legal and valid.
    The purpose of allowing a warrantless search and seizure incident to a lawful
    arrest is "to protect the arresting officer from being harmed by the person
    arrested, who might be armed with a concealed weapon, and to prevent the
    latter from destroying evidence within reach."13 It is therefore a reasonable
    exercise of the State’s police power to protect (1) law enforcers from the injury
    that may be inflicted on them by a person they have lawfully arrested; and (2)
    evidence from being destroyed by the arrestee. It seeks to ensure the safety of
    the arresting officers and the integrity of the evidence under the control and
    within the reach of the arrestee.
    When an arrest is made, it is reasonable for the arresting officer to search the
    person arrested in order to remove any weapon that the latter might use in order
    to resist arrest or effect his escape.
    The Plain View Doctrine is actually the exception to the inadmissibility of
    evidence
    obtained in a warrantless search incident to a lawful arrest outside the suspect’s
    person and premises under his immediate control.
    The Plain View Doctrine thus finds no applicability in Calantiao’s situation
    because the police officers purposely searched him upon his arrest. The police
    officers did not inadvertently come across the black bag, which was in Calantiao’s
    possession; they deliberately opened it, as part of the search incident to
    Calantiao’s lawful arrest.
    In the case at bar, the marijuana was found in a black bag in Calantiao’s
    possession and within his immediate control. He could have easily taken any
    weapon from the bag or dumped it to destroy the evidence inside it. As the black
    bag containing the marijuana was in Calantiao’s possession, it was within the
    permissible area that the apprehending officers could validly conduct a
    warrantless search.
    The Court affirmed the January 17, 2012 Decision of the Court of Appeals.

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