16- SALUDAY V. PEOPLE.

docx 1

16a- SALUDAY V. PEOPLE

G.R. No. 215305

MARCELO G. SALUDAY, Petitioner

vs
PEOPLE OF THE PHILIPPINES, Respondent

DECISION

CARPIO, J.:

The Case

Before the Court is a Petition for Review on Certiorari assailing the Decision
dated 26 June 2014 1 and the Resolution dated, 15 October 20142 of the
Court of Appeals in CA-G.R. CR No. 01099. The Court of Appeals affirmed
with modification the Sentence dated 15 September 2011 3 rendered by
the Regional Trial Court, Branch 11, Davao City in Criminal CaseNo. 65, 734-
09, finding petitioner Marcelo G. Saluday (petitioner) guilty beyond
reasonable doubt of illegal possession of high-powered firearm,
ammunition, and explosive under Presidential Decree No. 1866,4 as
amended (PD 1866).

The Antecedent Facts

On 5 May 2009, Bus No. 66 of Davao Metro Shuttle was flagged down by
Task Force Davao of the Philippine Army at a checkpoint near the Tefasco
Wharf in Ilang, Davao City. SCAA Junbert M. Buco (Buco), a member of the
Task Force, requested all male passengers to disembark from the vehicle
while allowing the female passengers to remain inside. He then boarded
the bus to check the presence and intercept the entry of any contraband,
illegal firearms or explosives, and suspicious individuals.

SCAA Buco checked all the baggage and personal effects of the passengers,
but a small, gray-black pack bag on the seat at the rear of the bus caught
his attention. He lifted the bag and found it too heavy for its small size.
16- SALUDAY V. PEOPLE.docx 2

SCAA Buco then looked at the male passengers lined outside and noticed
that a man in a white shirt (later identified as petitioner) kept peeping
through the window towards the direction of the bag. Afterwards, SCAA
Buco asked who the owner of the bag was, to which the bus conductor
answered that petitioner and his brother were the ones seated at the back.
SCAA Buco then requested petitioner to board the bus and open the bag.
Petitioner obliged and the bag revealed the following contents: (1) an
improvised .30 caliber carbine bearing serial number 64702; (2) one
magazine with three live ammunitions; (3) one cacao-type hand grenade;
and (4) a ten-inch hunting knife. SCAA Buco then asked petitioner to
produce proof of his authority to carry firearms and explosives. Unable to
show any, petitioner was immediately arrested and informed of his rights
by SCAA Buco.

Petitioner was then brought for inquest before the Office of the City
Prosecutor for Davao City. In its Resolution dated 7 May 2009,5 the latter
found probable cause to charge him with illegal possession of high-
powered firearm, ammunition, and explosive under PD l 866. The
Information dated 8 May 2009 thus reads:

That on or about May 5, 2009, in the City of Davao, Philippines, and within
the jurisdiction of this Honorable Court, the above-mentioned accused,
willfully, unlawfully and knowingly, with intent to possess, had in his
possession and under his custody an improvised high powered firearm
caliber .30 carbine bearing Serial No. 64702 (made in Spain) with one (1)
magazine loaded with three (3) live ammunitions and one (1) "'cacao" type
hand grenade explosive, without first securing the necessary license to
possess the same.

CONTRARY TO LAW.6

When arraigned, petitioner pleaded not guilty.

During the trial, the prosecution presented two witnesses namely, NUP
Daniel Tabura (Tabura), a representative of the Firearms and Explosives
Division of the Philippine National Police, and SCAA Buco. NUP Tabura
identified the Certification dated 5 November 20097 attesting that
16- SALUDAY V. PEOPLE.docx 3

petitioner was "not a licensed/registered holder of any kind and caliber per
verification from records." Meanwhile, SCAA Buco identified petitioner and
the items seized from the bag, and testified on the details of the routine
inspection leading to the immediate arrest of petitioner. On cross-
examination, SCAA Buco further elaborated on the search conducted:

Atty. Mamburam

Q And that check point, which was conducted along llang [R)oad,

Davao City, was by virtue of a memorandum?

A Yes, Your Honor.

xxxx

Q Now, you said that at around 5:00 of said date, you were able to
intercept a Metro Shuttle passenger bus and you requested all passengers
to alight?

A Yes.

Q passengers were left inside?

A Yes, Your Honor.

Q And, after all passengers were able to alight, you checked all cargoes of
the passengers in the bus?

A Yes.

xxxx

Q And, you testified that one of those things inside the bus was a black
gray colored pack bag which was placed at the back portion of the bus?

A Yes.
16- SALUDAY V. PEOPLE.docx 4

Q You said that the hag was heavy?

A Yes.

Q And you picked up or carried also the other belongings or cargo[e]s

inside the bus and that was the only thing or item inside the bus which was
heavy. Is that correct?

A There were many bags and they were heavy. When l asked who is the
owner of the bag because it was heavy but the bag was small. when I
asked, he said the content of the bag was a cellphone. But 1 noticed that it
was heavy.

xxxx

Q And you said that somebody admitted ownership of the bag. Is that
correct?

A Yes.

Q Who admitted ownership of the bag?

A (WITNESS POINTS TO THE ACCUSED)

Q Now, you said that while you are looking at the bag, you noticed that one
male passenger you pointed as the accused kept looking at you'?

A Yes.

Q And, aside from the accused, all the other male passengers were not
looking at you?

A The other passengers were on the ground but he was in front of [the]
window looking towards his bag.
16- SALUDAY V. PEOPLE.docx 5

xxxx

Q And the accused admitted that he owned the bag, you requested him to
open the bag'?

A Not yet. I let him board the bus and asked him if he can open it.

Q And, when he opened it?

A I saw the handle of the firearm. 8 (Emphasis supplied)

On the other hand, the defense presented petitioner as sole witness. On

direct examination, petitioner denied ownership of the bag. However, he
also admitted to answering SCAA Buco when asked about its contents and
allowing SCAA Buco to open it after the latter sought for his permission:

ATTY. MAMBURAM

Q x xx After the conductor of the bus told the member of the task force
that you and your brother were seated at the back of the bus. can you
please tell us what happened next'?

A The member of the task force asked who is the owner of the bag and
what were the contents of the bag.

Q To whom did the member of the task force address that question?

A To me because I was pointed to by the conductor.

Q And what was your reply to the question of the member of the task
force?

A I told him it was only a cellphone.

Q By the way, Mr. Witness, who owned that bag?

A My elder brother.
16- SALUDAY V. PEOPLE.docx 6

Q And why did you make a reply to the question of the member of the task
force when, in fact, you were not the owner of the bag?

A Because I was pointed to by the conductor that it was me and my brother

who were seated at the back.

xxxx

Q Now, after you told the member of the task force that probably the
content of the bag was cellphone, what happened next?

A He asked if he can open it.

Q And what was your reply?

A I told him yes, just open it.

xx xx

Q Now, you said that the owner of the bag and the one who carried that
bag was your brother, what is the name of your brother?

A Roger Saluday.

Q Where is your brother Roger now?

A Roger is already dead. He died in September 2009.9 (Emphasis supplied)

On cross-examination, petitioner clarified that only he was pointed at by

the conductor when the latter was asked who owned the bag. Petitioner
also admitted that he never disclosed he was with his brother when he
boarded the bus:

PROS. VELASCO

Q You said that you panicked because they pulled you but as a way of
16- SALUDAY V. PEOPLE.docx 7

saving yourself considering you don't own the bag> did you not volunteer
to inform them that [the] bag was owned by your brother?

A I told them I have a companion but I did not tell them that it was my
brother because I was also afraid of my brother.

Q So, in short, Mr. Witness, you did not actually inform them that you had
a brother at that time when you were boarding that bus, correct?

A No, sir, I did not.

xxxx

Q So, you were answering all questions by saying it is not your bag but you
confirm now that it was the conductor of that bus who pointed you as the
owner of the bag, correct?

A Yes, sir, the conductor pointed at me as the one who [sic] seated at the
back. 10 (Emphasis supplied)

The defense subsequently rested its case and the prosecution waived the
right to present rebuttal evidence. Upon order from the trial court, the
parties submitted their respective memoranda.

The Decision of the Trial Court

Finding the denials of petitioner as self-serving and weak, the trial court
declared him to be in actual or constructive possession of firearm and
explosive without authority or license. Consequently, in the dispositive
portion of the Sentence dated 15 September 2011, petitioner was
adjudged guilty beyond reasonable doubt of illegal possession of firearm,
ammunition, and explosive under PD 1866:

WHEREFORE, in view of all the foregoing, judgment is hereby rendered

finding Marcelo Gigbalen Saluday GUILTY of illegal possession of high
powered firearm, ammunition and explosive. For the offense of illegal
possession of high powered firearm and ammunition, he is hereby
16- SALUDAY V. PEOPLE.docx 8

sentenced to suffer an imprisonment of prision mayor in its minimum

period. He is likewise ordered to pay a fine of ₱30,000.00. For the offense
of illegal possession of explosive, he is hereby sentenced to suffer an
imprisonment of prision mayor in its maximum period to reclusion
temporal. He is likewise ordered to pay a fine of ₱50,000.00.

xxxx

SO ORDERED. 11

On 12 October 2011, petitioner timely filed his Notice of Appeal. 12

The Decision of the Court of Appeals

On appeal, petitioner challenged his conviction raising as grounds the

alleged misappreciation of evidence by the trial court and the supposed
illegality of the search. 13 On the other hand, the Office of the Solicitor
General (OSG) argued that the warrantless search was valid being a
consented search, and that the factual findings of the trial court can no
longer be disturbed. 14

In its Decision dated 26 June 2014, the Court of Appeals sustained the
conviction of petitioner and affirmed the ruling of the trial court with
modification:

WHEREFORE. the instant appeal is DISMISSED. The Sentence dated

September 15, 2011 of the Regional Trial Court, 11th Judicial Region,
Branch 11, Davao City, in Criminal Case No. 65, 734-09, finding Marcelo
Gigbalen Saluday guilty beyond reasonable doubt of illegal possession of
high powered firearm, ammunition and explosive is AFFIRMED with the
MODIFICATION that:

(1) for the offense of illegal possession of high-powered firearm and

ammunition, he is imposed an indeterminate sentence of four (4) years,
eight (8) months and twenty-one (21) days of prision correccional
maximum, as the minimum term, to seven (7) years and one (1) day of
prision mayor minimum, as the maximum term, in addition to the fine of
16- SALUDAY V. PEOPLE.docx 9

Thirty thousand pesos (₱30,000.00); and

(2) for the offense of illegal possession of explosive, he is sentenced to

suffer the penalty of reclusion perpetua without eligibility for parole.

SO ORDERED.15

Petitioner then filed a Motion for Reconsideration,16 to which the OSG

filed its Comment. 17 In its Resolution dated 15 October 2014, 18 the Court
of Appeals denied petitioner's Motion for Reconsideration for being pro
forma. Hence, petitioner filed this Petition for Review on Certiorari under
Rule 45 of the Rules of Court.

The Issue

Petitioner assails the appreciation of evidence by the trial court and the
Court of Appeals as to warrant his conviction for the offenses charged.

The Ruling of this Court

We affirm.

Only questions of law may be raised in a petition for review on certiorari

under Rule 45 of the Rules of Court.19 As a result, the Court, on appeal, is
not duty-bound to weigh and sift through the evidence presented during
trial. 20 Further, factual findings of the trial court, when affirmed by the
Court of Appeals, are accorded great respect, even finality. 21

Here, petitioner assails his conviction for illegal possession of high-powered

firearm and ammunition under PD 1866, and illegal possession of explosive
under the same law. The elements of both offenses are as follows: (1)
existence of the firearm, ammunition or explosive; (2) ownership or
possession of the firearm, ammunition or explosive; and (3) lack of license
to own or possess.22 As regards the second and third elements, the Corn1:
of Appeals concurred with the trial court that petitioner was in actual or
constructive possession of a high-powered firearm, ammunition, and
explosive without the requisite authority. The Decision dated 26 June 2014
16- SALUDAY V. PEOPLE.docx 10

reads in pertinent part:

In the present case, the prosecution proved the negative fact that
appellant has no license or permit to own or possess the firearm,
ammunition and explosive by presenting NUP Daniel Tab[u]ra (Tab[u]ra), a
representative of the Firearms and Explosives Division (FED) of the PNP. He
identified the Certification issued by the Chief. Records Section. FED of the
PNP, stating that appellant "is not a licensed/registered holder of any kind
and caliber per verification from records of this office."

Appellant, however, questions the competence of Tab[u]ra to testify on the

veracity or truthfulness of the Ce1tification. He claims that the officer who
issued it should have been the one presented so he would not be denied
the right to confront and cross-examine the witnesses against him.

There is no merit to petitioner's claim. The following is pertinent:

xxxx

The Court on several occasions ruled that either the testimony of a

representative of, or a certification from, the Philippine National Police
(PNP) Firearms and Explosive Office attesting that a person is not a licensee
of any firearm would suffice to prove beyond reasonable doubt the second
element of possession of illegal firearms. The prosecution more than
complied when it presented both.

xxxx

Also, appellant denies having physical or constructive possession of the

firearms, ammunition and explosive. However, his denial flies in the face of
the following testimonies which he himself made:

xxxx

Appellant gave information, albeit misleading, on the contents of the bag.

He even allowed the police officer to open it. Based on his actuations,
there could be no doubt that he owned the bag containing the firearm,
16- SALUDAY V. PEOPLE.docx 11

ammunition and explosive.

Shifting the blame to his dead brother is very easy for appellant to
fabricate. Besides, the allegation that his brother owned the bag is
uncorroborated and self-serving. 23

As above-quoted, the presence of the second and third elements of illegal

possession of firearm, ammunition, and explosive raises questions of fact.
Considering further that the Court of Appeals merely echoed the factual
findings of the trial court, the Court finds no reason to disturb them.

As regards the first element, petitioner corroborates the testimony of SCAA

Buco on four important points: one, that petitioner was a passenger of the
bus flagged down on 5 May 2009 at a military checkpoint in Ilang, Davao
City; two, that SCAA Buco boarded and searched the bus; three, that the
bus conductor pointed at petitioner as the owner of a small, gray-black
pack bag on the back seat of the bus; and four, that the same bag
contained a .30-caliber firearm with one magazine loaded who three live
ammunitions, and a hand grenade. Notably, petitioner does not challenge
the chain of custody over the seized items. Rather, he merely raises a pure
question of law and argues that they are inadmissible on the ground that
the search conducted by Task Force Davao was illegal.

The Court disagrees.

Section 2, Article Ill of the Constitution, which was patterned after the
Fourth Amendment to the United States (U.S.) Constitution,24 reads:

SEC. 2. The right of the people to be secure in their persons, houses,

papers, and effects against unreasonable searches and seizures of
whatever nature and for any purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except upon probable cause to be
determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons or things
to be seized. (Emphasis supplied)
16- SALUDAY V. PEOPLE.docx 12

Indeed, the constitutional guarantee is not a blanket prohibition. Rather, it

operates against "unreasonable" searches and seizures only. 25

Conversely, when a search is "reasonable," Section 2, Article HI of the

Constitution does not apply. As to what qualifies as a reasonable search,
the pronouncements of the U.S. Supreme Court, which are doctrinal in this
jurisdiction,26 may shed light on the matter.

In the seminal case of Katz v. United States, 27 the U.S. Supreme Court held
that the electronic surveillance of a phone conversation without a warrant
violated the Fourth Amendment. According to the U.S. Supreme Court,
what the Fourth Amendment protects are people, not places such that
what a person knowingly exposes to the public, even in his or her own
home or office, is not a subject of Fourth Amendment protection in much
the same way that what he or she seeks to preserve as private, even in an
area accessible to the public, may be constitutionally protected, thus:

Because of the misleading way the issues have been formulated, the
parties have attached great significance to the characterization of the
telephone booth from which the petitioner placed his calls. The petitioner
has strenuously argued that the booth was a "constitutionally protected
area." The Government has maintained with equal vigor that it was not.
But this effo1i to decide whether or not a given "area,'' viewed in the
abstract, is "constitutionally protected" deflects attention from the
problem presented by this case. For the Fourth Amendment protects
people, not places. What a person knowingly exposes to the public, even in
his own home or office, is not a subject of Fourth Amendment protection.
See Lewis v. United States, 385 U.S. 206, 210; United States v. Lee, 274 U.S.
559, 563. But what he seeks to preserve as private, even in an area
accessible to the public, may be constitutionally protected. See Rios v.
United States, 364 U.S. 253; £:y; parte Jackson, 96 U.S. 727, 733.28
(Emphasis supplied)

Further, Justice John Harlan laid down in his concurring opinion the two-
part test that would trigger the application of the Fourth Amendment.
First, a person exhibited an actual (subjective) expectation of privacy.29
Second, the expectation is one that society is prepared to recognize as
16- SALUDAY V. PEOPLE.docx 13

reasonable (objective).30

The prohibition of unreasonable search and seizure ultimately stems from

a person's right to privacy. Hence, only when the State intrudes into a
person's expectation of privacy, which society regards as reasonable, is the
Fourth Amendment triggered. Conversely, where a person does not have
an expectation of privacy or one's expectation of privacy is not reasonable
to society, the alleged State intrusion is not a "search" within the
protection of the Fourth Amendment.

A survey of Philippine case law would reveal the same jurisprudential

reasoning. To illustrate, in People v. Johnson,31 the Court declared airport
searches as outside the protection of the search and seizure clause due to
the lack of an expectation of privacy that society will regard as reasonable:

Persons may lose the protection of the search and seizure clause by
exposure of their persons or property to the public in a manner reflecting a
lack of subjective expectation of privacy, which expectation society is
prepared to recognize as reasonable. Such recognition is implicit in airport
security procedures. With increased concern over airplane hijacking and
terrorism has come increased security at the nation's airports. Passengers
attempting to board an aircraft routinely pass through metal detectors;
their carry-on baggage as well as checked luggage are routinely subjected
to x-ray scans. Should these procedures suggest the presence of suspicious
objects. physical searches are conducted to determine what the objects
are. There is little question that such searches are reasonable, given their
minimal intrusiveness, the gravity of the safety interests involved, and the
reduced privacy expectations associated with airline travel. Indeed,
travelers are often notified through airport public address systems, signs.
and notices in their airline tickets that they are subject to search and, if any
prohibited materials or substances are found, such would be subject to
seizure. These announcements place passengers on notice that ordinary
constitutional protections against warrantless searches and seizures do not
apply to routine airport procedures.32 (Citations omitted)

Similarly, in Dela Cruz v. People,33 the Court described seaport searches as

reasonable searches on the ground that the safety of the traveling public
16- SALUDAY V. PEOPLE.docx 14

overrides a person's right to privacy:

Routine baggage inspections conducted by port authorities, although done

without search warrants, are not unreasonable searches per se.
Constitutional provisions protecting privacy should not be so literally
understood so as to deny reasonable safeguards to ensure the safety of the
traveling public.

xxxx

Thus, with port security personnel's functions having the color of state-
related functions and deemed agents of government, Marti is inapplicable
in the present case. Nevertheless, searches pursuant to port security
measures are not unreasonable per se. The security measures of x-ray
scanning and inspection in domestic ports are akin to routine security
procedures in airports.

xxxx

Port authorities were acting within their duties and functions when [they]
used x-ray scanning machines for inspection of passengers' bags. When the
results of the x-ray scan revealed the existence of firearms in the bag, the
port authorities had probable cause to conduct u search of petitioner's bag.
Notably, petitioner did not contest the results of the x-ray scan.34

In People v. Breis,35 the Court also justified a bus search owing to the
reduced expectation of privacy of the riding public:

Unlike the officer in Chan Fook, IO1 Mangili did not exceed his authority in
the performance of his duty. Prior to Breis' resistance, IO1 Mangili laid nary
a finger on Breis or Yurnol. Neither did his presence in the bus constitute
an excess of authority. The bus is public transportation, and is open to the
public. The expectation of privacy in relation to the constitutional right
against unreasonable searches in a public bus is not the same as that in a
person's dwelling. In fact, at that point in time, only the bus was being
searched, not Yumol, Breis, or their belongings, and the search of moving
vehicles has been upheld.36
16- SALUDAY V. PEOPLE.docx 15

Indeed, the reasonableness of a person's expectation of privacy must be

determined on a case-to-case basis since it depends on the factual
circumstances surrounding the case.37 Other factors such as customs,
physical surroundings and practices of a particular activity may diminish
this expectation.38 In Fortune Express, Inc. v. Court of Appeals,39 a
common carrier was held civilly liable for the death of a passenger due to
the hostile acts of armed men who boarded and subsequently seized the
bus. The Could held that "simple precautionary measures to protect the
safety of passengers, such as frisking passengers and inspecting their
baggages, preferably with non-intrusive gadgets such as metal detectors,
before allowing them on board could have been employed without
violating the passenger's constitutional rights."40 In Costabella Corp. v.
Court of Appeals,41 a compulsory right of way was found improper for the
failure of the owners of the dominant estate to allege that the passageway
they sought to be re-opened was at a point least prejudicial to the owner
of the servient estate. The Court thus explained, ''[c]onsidering that the
petitioner operates a hotel and beach resort in its property, it must
undeniably maintain a strict standard of security within its premises.
Otherwise, the convenience, privacy, and safety of its clients and patrons
would be compromised."42 Similarly, shopping malls install metal
detectors and body scanners, and require bag inspection as a requisite for
entry. Needless to say, any security lapse on the part of the mall owner can
compromise public safety.

Concededly, a bus, a hotel and beach resort, and a shopping mall are all
private property whose owners have every right to exclude anyone from
entering. At the same time, however, because these private premises are
accessible to the public, the State, much like the owner, can impose non-
intrusive security measures and filter those going in. The only difference in
the imposition of security measures by an owner and the State is, the
former emanates from the attributes of ownership under Article 429 of the
Civil Code, while the latter stems from the exercise of police power for the
promotion of public safety. Necessad1y, a person's expectation of privacy
is diminished whenever he or she enters private premises that arc
accessible to the public.
16- SALUDAY V. PEOPLE.docx 16

In view of the foregoing, the bus inspection conducted by Task Force Davao
at a military checkpoint constitutes a reasonable search. Bus No. 66 of
Davao Metro Shuttle was a vehicle of public transportation where
passengers have a reduced expectation of privacy. Further, SCAA Buco
merely lifted petitioner's bag. This visual and minimally intrusive inspection
was even less than the standard x-ray and physical inspections done at the
airport and seaport terminals where passengers may further be required to
open their bags and luggages. Considering the reasonableness of the bus
search, Section 2, Article III of the Constitution finds no application, thereby
precluding the necessity for a warrant.

As regards the warrantless inspection of petitioner's bag, the OSG argues

that petitioner consented to the search) thereby making the seized items
admissible in evidence.43 Petitioner contends otherwise and insists that his
failure to object cannot be construed as an implied waiver.

Petitioner is wrong.

Doubtless, the constitutional immunity against unreasonable searches and

seizures is a personal right, which may be waived.44 However, to be valid,
the consent must be voluntary such that it is unequivocal, specific, and
intelligently given, uncontaminated by any duress or coercion.45 Relevant
to this determination of voluntariness are the following characteristics of
the person giving consent and the environment in which consent is given:
(a) the age of the consenting party; (b) whether he or she was in a public or
secluded location; (c) whether he or she objected to the search or passively
looked on;46 (d) his or her education and intelligence; (e) the presence of
coercive police procedures; (f) the belief that no incriminating evidence will
be found;47 (g) the nature of the police questioning; (h) the environment
in which the questioning took place; and (i) the possibly vulnerable
subjective state of the person consenting.48

In Asuncion v. Court of Appeals,49the apprehending officers sought the

permission of petitioner to search the car, to which the latter agreed.
According to the Court, petitioner himself freely gave his consent to the
search. In People v. Montilla, 50 the Court found the accused to have
spontaneously performed affirmative acts of volition by opening the bag
16- SALUDAY V. PEOPLE.docx 17

without being forced or intimidated to do so, which acts amounted to a

clear waiver of his right. In People v. Omaweng,51 the police officers asked
the accused if they could see the contents of his bag, to which the accused
said "you can see the contents but those are only clothings." The
policemen then asked if they could open and see it, and the accused
answered "you can see it." The Court held there was a valid consented
search.

Similarly in this case, petitioner consented to the baggage inspection done

by SCAA Buco. When SCAA Buco asked if he could open petitioner's bag,
petitioner answered ''yes, just open if' based on petitioner's own
testimony. This is clear consent by petitioner to the search of the contents
of his bag. In its Decision dated 26 June 2014, the Court of Appeals aptly
held:

A waiver was found in People v. Omaweng. There, the police officers asked
the accused if they could see the contents of his bag and he answered "you
can see the contents but those are only clothings.'' When asked if they
could open and see it, he said "you can see it." In the present case,
accused-appellant told the member of the task force that "it was only a
cellphone" when asked who owns the bag and what are its contents. When
asked by the member of the task force if he could open it, accused-
appellant told him "yes, just open it." Hence, as in Omaweng, there was a
waiver of accused-appellants right against warrantless search.52

To emphasize, a reasonable search, on the one hand, and a warrantless

search, on the other, are mutually exclusive. While both State intrusions
are valid even without a warrant, the underlying reasons for the absence of
a warrant are different. A reasonable search arises from a reduced
expectation of privacy, for which reason Section 2, Article III of the
Constitution finds no application. Examples include searches done at
airports, seaports, bus terminals, malls, and similar public ·places. In
contrast, a warrantless search is presumably an "unreasonable search," but
for reasons of practicality, a search warrant can be dispensed with.
Examples include search incidental to a lawful arrest, search of evidence in
plain view, consented search, and extensive search of a private moving
vehicle.
16- SALUDAY V. PEOPLE.docx 18

Further, in the conduct of bus searches, the Court Jays down the following
guidelines.1âwphi1 Prior to entry, passengers and their bags and luggages
can be subjected to a routine inspection akin to airport and seaport
security protocol. In this regard, metal detectors and x-ray scanning
machines can be installed at bus terminals. Passengers can also be frisked.
In lieu of electronic scanners, passengers can be required instead to open
their bags and luggages for inspection, which inspection must be made in
the passenger's presence. Should the passenger object, he or she can
validly be refused entry into the terminal.

While in transit, a bus can still be searched by government agents or the

security personnel of the bus owner in the following three instances. First,
upon receipt of information that a passenger carries contraband or illegal
articles, the bus where the passenger is aboard can be stopped en route to
allow for an inspection of the person and his or her effects. This is no
different from an airplane that is forced to land upon receipt of
information about the contraband or illegal articles carried by a passenger
onboard. Second, whenever a bus picks passengers en route, the
prospective passenger can be frisked and his or her bag or luggage be
subjected to the same routine inspection by government agents or private
security personnel as though the person boarded the bus at the terminal.
This is because unlike an airplane, a bus is able to stop and pick passengers
along the way, making it possible for these passengers to evade the routine
search at the bus terminal. Third, a bus can be flagged down at designated
military or police checkpoints where State agents can board the vehicle for
a routine inspection of the passengers and their bags or luggages.

In both situations, the inspection of passengers and their effects prior to

entry at the bus terminal and the search of the bus while in transit must
also satisfy the following conditions to qualify as a valid reasonable search.
First, as to the manner of the search, it must be the least intrusive and
must uphold the dignity of the person or persons being searched,
minimizing, if not altogether eradicating, any cause for public
embarrassment, humiliation or ridicule. Second, neither can the search
result from any discriminatory motive such as insidious profiling,
stereotyping and other similar motives. In all instances, the fundamental
16- SALUDAY V. PEOPLE.docx 19

rights of vulnerable identities, persons with disabilities, children and other

similar groups should be protected. Third, as to the purpose of the search,
it must be confined to ensuring public safety. Fourth, as to the evidence
seized from the reasonable search, courts must be convinced that
precautionary measures were in place to ensure that no evidence was
planted against the accused.

The search of persons in a public place is valid because the safety of others
may be put at risk. Given the present circumstances, the Court takes
judicial notice that public transport buses and their terminals, just like
passenger ships and seaports, are in that category.

Aside from public transport buses, any moving vehicle that similarly
accepts passengers at the terminal and along its route is likewise covered
by these guidelines. Hence, whenever compliant with these guidelines, a
routine inspection at the terminal or of the vehicle itself while in transit
constitutes a reasonable search. Otherwise, the intrusion becomes
unreasonable, thereby triggering the constitutional guarantee under
Section 2, Article III of the Constitution.

To emphasize, the guidelines do not apply to privately-owned cars. Neither

are they applicable to moving vehicles dedicated for private or personal
use, as in the case of taxis, which are hired by only one or a group of
passengers such that the vehicle can no longer be flagged down by any
other person unti1 the passengers on board alight from the vehicle.

WHEREFORE, the petition is DENIED. The Decision dated 26 June 2014 and
the Resolution dated 15 October 2014 of the Court of Appeals in CA-G.R.
CR No. 01099 are AFFIRMED.

SO ORDERED.

ANTONIO T. CARPIO
Acting Chief Justice

WE CONCUR:
16- SALUDAY V. PEOPLE.docx 20

(on leave)
MARIA LOURDES P.A. SERENO*
Chief Justice

PRESBITERO J. VELASCO, JR.

Associate Justice TERESITA J. LEONARDO-DE CASTRO
Associate Justice
DIOSDADO M. PERALTA
Associate Justice LUCAS P. BERSAMIN
Associate Justice
MARIANO C. DEL CASTILLO
Associate Justice (on wellness leave)
ESTELA M. PERLAS-BERNABE*
Associate Justice
MARVIC M.V.F. LEONEN
Associate Justice (no part)
FRANCIS H. JARDELEZA*
Associate Justice
ALFREDO BENJAMIN S. CAGUIOA
Associate Justice SAMUEL R. MARTIRES
Associate Justice
NOEL GIMENEZ TIJAM
Associate Justice (on wellness leave)
ANDRES B. REYES, JR.*
Associate Justice
ALEXANDER G. GESMUNDO
Associate Justice

CERTIFICATION

Pursuant to the Section 13, Article VIII of the Constitution and the Division
Chairperson’s Attestation, I certify that the conclusions in the above
Decision had been reached in consultation before the case was assigned to
the writer of the opinion of the Court’s Division.

ANTONIO T. CARPIO
Acting Chief Justice
16- SALUDAY V. PEOPLE.docx 21

Footnotes

*On leave.

** Acting Chief Justice.

***On wellness leave.

**** No part.

*****On wellness leave,

1 Rollo, pp. 25-34, Penned by Associate Justice Edgardo T. Lloren. with

Associate Justices Edward B. Contreras and Rafael Antonio M. Santos
concurring.

2 Id. at 41-42,

3 CA rollo, pp. 22-25. Penned by Judge Virginia Hofileña Europa.

4 Entitled "Codifying the Laws on Illegal/Unlawful Possession, Manufacture,

Dealing in. Acquisition or Disposition, of Firearms, Ammunition or
Explosives or Instruments Used in the Manufacture of Firearms,
Ammunition or Explosives, and Imposing Stiffer Penalties for Certain
Violations Thereof and for Relevant Purposes." Effective 29 June 1983.

5 Records, pp. 2-3.

6 Id. at 1.

7 Exhihit "F,'' Folder of Exhibits. p. 2.

8 TSN, 11 November 1009. pp. 14-16.

9 TSN, 22 March 2010. pp. 5-6, 8.

16- SALUDAY V. PEOPLE.docx 22

10 TSN, 22 March 2010. p. 10.

11 CA rollo. pp. 24-25.

12 Id. at 8.

13 Id. at 15-19.

14 Id. at 46-60.

15 Rollo, pp. 33-34.

16 Id. at 35-39.

17 CA rollo, pp. 87-90.

18 Rollo, pp. 41-42.

19 Section I, Rule 45, Rules of Court.

20 Jose v. People, 479 Phil. 969, 978 (2004).

21 De la Cruz v. Court Appeals, 333 Phil. 126, 135 (1996). See also Castillo v.
Court of Appeals, 329 Phil. 150, 158-159 (1996); Navallo v. Sandiganbayan,
304 Phil. 343, 354 (1994); People v. Cabalhin, 301 Phil. 494, 504 (1994).

22 People v Dela Cru:::, 400 Phil. 872. 879-880 (2000), citing People i'.
Bergmue. 350 Phil. 275, 291 (1998).

23 Rollo, pp. 28-3 l.

24 The Fourth Amendment of the U.S. Constitution reads:

The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures. shall not be violated,
and no Warrants shall issue, but upon probable cause, supported by Oath
16- SALUDAY V. PEOPLE.docx 23

or affirmation, and particularly describing the place to be searched, and the

persons or things to be seized. (Emphasis supplied)

25 People v. Aruta, 351 Phil. 868, 878 (1998).

26 People v. Marti, 271 Phil. 51, 57 ( 1991).

27 389 U.S. 347 (1967).

28 Id. at 351.

29 Id. at 361.

30 Id.

31 401 Phil. 734 (2000).

32 Id. at 743.

33 776 Phil. 653 (2016).

34 Id. at 661, 681, 683-684 .

35 766 Phil. 785 (2015).

36 Id. at 812 .

37 Sps. Hing v. Choachuy, Sr., 712 Phil. 337, 350 (2013).

38 Ople v. Torres, 354 Phil. 948. 981 (1998).

39 364 Phil. 480 (1999).

40 Id. at 490.

41 271 Phil. 350 (1991).

16- SALUDAY V. PEOPLE.docx 24

42 Id. at 359.

43 Rollo, pp. 108-110.

44 Caba11es v. Court of Appeals, 424 Phil. 263, 286 (2002).

45 Id., citing 68 Am Jur 2d Searches and Seizures, § 135.

46 Id., citing United States v. Barahona, 990 F. 2d 412.

47 Id., citing United States v. Lopez, 911 F. 2d 1006.

48 Id., citing United States v. Nafzger. 965 F. 2d 213.

49 362 Phil. l 18, 127 ( 1999).

50 349 Phil. 640, 661 (1998).

51 288 Phil. 350, 358-359 ( 1992).

52 Rollo. p. 32.

16d- SALUDAY V. PEOPLE

G.R. No. 215305: Marcelo G. Saluday vs. People of the Philippines (April 3,
16- SALUDAY V. PEOPLE.docx 25

2018)

CASE:
This is a Petition for Review on Certiorari on the Decision and Resolution,
CA-G.R. CR No. 01099, of the Court of Appeals.

FACTS:
Bus No. 66 of Davao Metro Shuttle was flagged down by Task Force Davao
of the Philippine Army at a checkpoint to check the presence of
contraband, illegal firearms or explosives and suspicious individuals. A bag,
small but too heavy for its size, belonging to the Petitioner, Marcelo G.
Saluday, was found by SCAA Junbert M. Buco (Buco). Petitioner was
arrested for failure to produce authority to carry firearms and explosives.

In an inquest conducted, the Prosecutor of Davao City found probable

cause for violation of PD 1866 for carrying firearms, explosives and
ammunition.

PROCEDURAL HISTORY:

A. TRIAL COURT

The trial court declared the Petitioner in actual or constructive possession

of firearm and explosive without authority or license and was adjudged
guilty beyond reasonable doubt of illegal possession of firearm,
ammunition, and explosives under PD 1866.

B. COURT OF APPEALS

The Petitioner questioned the decision of the trial court on the ground on
misappreciation of evidence and illegality of the search.

The Court of Appeals sustained the conviction and affirmed the ruling of
the trial court.

Petitioner filed a Motion for Reconsideration, which was denied by the

Court of Appeals in a Resolution for being pro forma.
16- SALUDAY V. PEOPLE.docx 26

C. SUPREME COURT

Petitioner filed a Motion for Reconsideration under Rule 45 of the Rules of

Court.

ISSUE:
Whether the trial court misappreciated the evidence against the Petitioner
by the trial court and the Court of Appeals.
Whether the search was illegal.

RULING:
Rule 45 under the Rules of Court applies only to question of facts. The
finding of the trial court, when affirmed by the Court of Appeals, is
accorded with great respect.

The elements of the crime committed, particularly the possession or

ownership of the firearm, explosive or ammunition, and lack of license to
own or possess said firearm, explosive or ammunition, raises questions of
fact. The Court of Appeals affirmed the finding of the trial court; hence,
there was no need to disturb the latter’s findings.

On the issue on the illegality of the search, the Supreme Court disagrees
with the Petitioner. Section 2, Article III of the Constitution applies only to
unreasonable searches or seizures.

The prohibition of unreasonable search and seizure emanates from one’s

right to privacy. When a person displays an expectation of privacy, which
the society is ready to recognize as reasonable, the State cannot violate a
person’s right against unreasonable search or seizure (Katz vs. United
States). In addition, one’s expectation of privacy to be reasonable, it must
counter the safety and welfare of the people.

The Supreme Court did not agree to the Petitioner’s position that his
failure to object to the search cannot be construed as an implied waiver.
Constitutional immunity against unreasonable searches and seizures is a
personal right that can be waived. However, the waiver should be
16- SALUDAY V. PEOPLE.docx 27

voluntary, clear, specific and intelligently given, absent any duress or

coercion.

HELD:

The Supreme Court denied the petition and affirmed the decision and
resolution of the Court of Appeals.