CRIMINAL LAW NOTES

It is axiomatic that a reasonable search is not to be determined by any fixed formula but is to be resolved according to the facts of each case. Given the circumstances obtaining here, we find the search conducted by the airport authorities reasonable and, therefore, not violative of his constitutional rights. Hence, when the search of the box of piaya revealed several marijuana fruiting tops, appellant is deemed to have been caught in flagrante delicto , justifying his arrest even without a warrant under Section 5(a), Rule 113 of the Rules of Criminal Procedure. The packs of marijuana obtained in the course of such valid search are thus admissible as evidence against appellant. 130 (Citations omitted) The reason behind it is that there is a reasonable reduced expectation of privacy when coming into airports or ports of travel: 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 ...

Port authorities were acting within their duties and functions when it used x-ray scanning machines for inspection of passengers’ bags. 134 When the results of the x-ray scan revealed the existence of firearms in the bag, the port authorities had probable cause to conduct a search of petitioner’s bag. Notably, petitioner did not contest the results of the x-ray scan. IV Was the search rendered unreasonable at the second point of intrusion—when the baggage inspector opened petitioner’s bag and called the attention of the port police officer? We rule in the negative. The port personnel’s actions proceed from the authority and policy to ensure the safety of travelers and vehicles within the port. At this point, petitioner already submitted himself and his belongings to inspection by placing his bag in the x-ray scanning machine. The presentation of petitioner’s bag for x-ray scanning was voluntary. Petitioner had the choice of whether to present the bag or ...

Given the circumstances obtaining here, the court finds the search conducted by the port authorities reasonable and, therefore, not violative of the accused’s constitutional rights. Hence, when the search of the bag of the accused revealed the firearms and ammunitions, accused is deemed to have been caught in flagrante delicto, justifying his arrest even without a warrant under Section 5(a), Rule 113 of the Rules of Criminal Procedure. The firearms and ammunitions obtained in the course of such valid search are thus admissible as evidence against [the] accused. 146

When the crime is punished by a special law, as a rule, intent to commit the crime is not necessary. It is sufficient that the offender has the intent to perpetrate the act prohibited by the special law. Intent to commit the crime and intent to perpetrate the act must be distinguished. A person may not have consciously intended to commit a crime; but he did intend to commit an act, and that act is, by the very nature of things, the crime itself. In the first (intent to commit the crime), there must be criminal intent; in the second (intent to perpetrate the act) it is enough that the prohibited act is done freely and consciously . In the present case, a distinction should be made between criminal intent and intent to possess. 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 . Such intent to pos...

Agote v. Judge Lorenzo 173 already settled the question of whether there can be a "separate offense of illegal possession of firearms and ammunition if there is another crime committed[.]" 174 In that case, the petitioner was charged with both illegal possession of firearms and violation of the Gun Ban under Commission on Elections Resolution No. 2826. 175 This court acquitted petitioner in the case for illegal possession of firearms since he simultaneously violated the Gun Ban. 176 This court also held that the unlicensed firearm need not be actually used in the course of committing the other crime for the application of Section 1 of Republic Act No. 8294. 177