EPIE JR. VS. ULAT-MARREDO
Facts: Petitioners were caught to have in their possession lumber
and subsequently could not produce any permit from the DENR for them to cut and
transport the same. Such incident happened after the police came about a report
of a vehicle transporting lumber without permit and after which set up a
roadblock to catch said vehicle. After the described vehicle was spotted by the
police they intercepted it. They flagged it down but it did not stop, forcing the police to chase it
until it reached Shilan, La Trinidad. A search of the vehicle disclosed several pieces of Benguet pine lumber.
Petitioners could not produce the required DENR permit to cut and transport the
same.
Issue: WON the police
officers have a probable cause to believe that the subject vehicle was loaded
with illegal cargo and that, therefore, it can be stopped and searched without
a warrant.
Held:
In People v. Sarap,7 we listed the exceptions
where search and seizure may be conducted without warrant, thus: (1) search
incident to a lawful arrest; (2) search of a moving motor vehicle; (3) search
in violation of customs laws; (4) seizure of the evidence in plain view; (5)
search when the accused himself waives his right against unreasonable searches
and seizures; (6) stop and frisk; and (7) exigent and emergency circumstances.
The only requirement in these exceptions is the presence of probable cause.
Probable cause is the existence of such facts and circumstances which would
lead a reasonable, discreet, and prudent man to believe that an offense has
been committed and that the objects sought in connection with the offense are
in the place to be searched.8 In People v. Aruta,9 we ruled that in
warrantless searches, probable cause must only be based on reasonable ground of
suspicion or belief that a crime has been committed or is about to be
committed. There is no hard and fast rule or fixed formula in determining
probable cause for its determination varies according to the facts of each
case.
Here, the
search involved a moving vehicle, an instance where a warrantless search and
seizure may be conducted by peace officers. The only issue we should determine
is whether there was probable cause to justify such warrantless search and
seizure.
In People v. Vinecarao,10 we ruled that where a vehicle sped
away after noticing a checkpoint and even after having been flagged down by
police officers, in an apparent attempt to dissuade the police from proceeding
with their inspection, there exists probable cause to justify a reasonable
belief on the part of the law enforcers that the persons on board said vehicle
were officers of the law or that the vehicle contained objects which were
instruments of some offense. This ruling squarely applies to the present case.