PEOPLE OF THE PHILIPPINES,

Plaintiff ,


- versus - NPS Docket No.
VII-02-INQ-10J-00378

REMEGIO ROSAGARAN,
Accused.

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EXECUTIVE SUMMARY


FACTS OF THE CASE


In the course of the service of a Search Warrant for Grace Wilcox at the
latters residence in Getafe, Bohol, the accused Remegio Rosagaran was, inter alia,
required by the raiding team to proceed to the sala and was thereafter subjected to
a body search.
There was no allegation that the accused Remegio Rosagaran was doing
anything illegal at that time, except for the fact that he was one of the several
people present at the subject house at that time.
He was brought to Tagbilaran City and thereupon taken and presented to
the Provincial Prosecution Office. He was not provided with counsel nor was he
brought by the police to the Prosecution Office for his Preliminary Investigation.



ACTION TO BE TAKEN:


File a Motion for Preliminary Investigation in consonance with Section 7,
Rule 112 of the Revised Rules on Criminal Procedure.


THEORY OF THE PROSECUTION


Remegio has in his possession dangerous drugs which he has no authority
to possess therefore he is liable for violation of Section 11, Article II of RA 9165.

Executive Summary
PP v. Remegio Rosagaran
VII-02-INQ-10J-00378
Page 2 of 2
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THEORY OF DEFENSE


The warrantless search and subsequent arrest of
Remegio Riosagaran by the police operatives was unlawful.


In the case of People vs. Vinecario, G. R. No. 141137, January 20, 2004, 420
SCRA 280, the Supreme Court ruled:
xxx The rule is constitutionally enshrined that no search and
seizure can lawfully be conducted without a valid warrant issued by a
competent judicial authority. Section 2, Article III of the Constitution
so ordains:
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 complaint and the witnesses he may
produce, and particularly describing the place to be searched and the
persons or things to be seized. x x x

Basic is the tenet that in the absence of a search warrant directed towards
the accused, he may not be subjected to a search unless there is probable cause to
do so and this probable cause is basically grounded on whether or not he is doing
something overtly illegal for which he was caught in flagrante delicto.
Notwithstanding his presence in the house of Grace Wilcox, the same does
not constitute an illegal act which would merit a warrantless search. In Remegios
case, it behoves the police to show that there was a valid arrest in the first place to
justify a lawful search incidental to said valid arrest.
There being none, the subsequent search on Remegio is therefore illegal and
in consonance with the exclusionary rule, any evidence gathered against the
accused in this instance is inadmissible in court.