PP vs. BOBBY LOPINA y LABESTRE, GR No. 256839, February 22, 2023 Section 6, RA 9165 “For an accused to convicted of the offense of Maintenance of a Drug Den under Section…
Tag: SEARCH INCIDENTAL TO A VALID ARREST
While mere possession, without criminal intent, is sufficient to convict a person for illegal possession of a firearm, it must still be shown that there was animus possidendi or an intent to possess on the part of the accused.
According to the prosecution, POI Ryan Pagcaliwagan and several others were manning a checkpoint when they flagged down a motorcycle with no license plate and the driver wearing no helmet. Along with…
The law requires that there first be a lawful arrest before a search can be made — the process cannot be reversed.
The Facts: While conducting a beat patrol, POI Peniano and his companions chanced upon a person urinating against the wall. They accosted him and invited him to the police station. While being…