Petitioner
Villanueva
Respondent
People
Citation
G.R. No. 199042
Court
Supreme Court
Division
First Division
Ponente
SERENO
Decided
November 17, 2014

Summary

Danilo Villanueva was charged with illegal possession of 0.63 grams of shabu under RA 9165 after police found the drugs during a warrantless search while investigating a shooting complaint. The RTC convicted him, and the CA affirmed. However, the Supreme Court reversed, holding that while Villanueva waived his right to question his illegal arrest by not objecting before trial, he did not waive his right to challenge the illegal search. The Court found the warrantless search did not fall under recognized exceptions to the warrant requirement. The accused's 'consent' was involuntary as he was merely ordered to empty his pockets. Under the exclusionary rule in Article III, Section 3(2) of the Constitution, the illegally obtained evidence was inadmissible. Without the seized shabu, the conviction could not be sustained, leading to Villanueva's acquittal.

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