D E C I S I O N
(1st Division)
BELLOSILLO,
J.:
I. THE FACTS
A private jeep driven by
accused-appellant Bocalan was stopped at a police checkpoint in Cavite City for
routine inspection. With Bocalan were his co-accused Fernandez and Exala. Pfc.
Galang, a member of the inspection team, went near the jeep and asked the
occupants if there were firearms inside. They answered in the negative. Pfc.
Galang proceeded to inspect the vehicle by beaming a flashlight inside. He
then noticed a black leather bag measuring about 1 foot wide and 2 feet long
with its sides bulging. When he asked what it contained, there was deadening
silence from the 3 accused. Nobody answered. Instead, they suddenly
became fidgety. Suspicious, Pfc. Galang ordered the bag opened, which was found
out to contain marijuana. The 3 accused were thereafter prosecuted and
convicted of illegal transportation of marijuana. Accused Bocalan appealed and
questioned the legality of the admission of the marijuana as evidence against
him since it was seized without a valid search warrant.
