Under the factual milieu of the case at bar, we find that respondent Judge correctly rejected petitioner's motion to reopen the
trial. Even the so-called paramount interests of justice cannot free petitioner from his self-imposed predicament. His counsel took a big gamble in not
presenting the certificates attesting to the fact of marriage between petitioner and Leonor Sochayseng on the erroneous belief that said marriage had
been amply established by the testimony of the aggrieved husband. Petitioner's counsel realized his folly when private respondents understandably
moved for the quashal of the complaint on the material ground that coverture was not prove beyond reasonable doubt. As wisely observed by
respondent Judge in her August 11, 1976 denial order:xxxIf the prosecution can be allowed to rectify a mistake pointed out in a demurrer to the
evidence, what will be the court's reason to deny him a second or a third or a fourth reopening ad nauseam to rectify succeeding mistakes
should the first reopening not serve the purpose? It is obvious that a reopening of the case to allow the introduction of additional evidence
would be prejudicial to the substantial rights of the accused.
We agree with the observations of the Solicitor General that the rule on
the discharge of an accused to be utilized as state witness clearly looks at
his actual and individual participation in the commission of the crime,
which may or may not have been perpetrated in conspiracy with the other
accused. Since Bermudez was not individually responsible for the killing committed
on the occasion of the robbery except by reason of conspiracy, it cannot be said
then that Bermudez appears to be the most guilty. Hence, his discharge to be a
witness for the government is clearly warranted.
ISSUE: WON the admissibility of the marijuana found in his possession can be used
as evidence against him on the grounds of either it was discovered via an illegal
search, or because its custodial chain was broken.
HELD: The Court finds no merit in Calantiaos arguments.
The Court cannot subscribe to Calantiaos contention that the marijuana in his
possession cannot be admitted as evidence against him because it was illegally
discovered and seized, not having been within the apprehending officers "plain
view.
The purpose of allowing a warrantless search and seizure incident to a lawful arrest
is "to protect the arresting officer from being harmed by the person arrested, who
might be armed with a concealed weapon, and to prevent the latter from destroying
evidence within reach."13 It is therefore a reasonable exercise of the States police
power to protect (1) law enforcers from the injury that may be inflicted on them by
a person they have lawfully arrested; and (2) evidence from being destroyed by the
arrestee. It seeks to ensure the safety of the arresting officers and the integrity of
the evidence under the control and within the reach of the arrestee.
The Plain View Doctrine is actually the exception to the inadmissibility of evidence
obtained in a warrantless search incident to a lawful arrest outside the suspects
person and premises under his immediate control. This is so because "[o]bjects in
the plain view of an officer who has the right to be in the position to have that view
are subject to seizure and may be presented as evidence."16 "The doctrine is
usually applied where a police officer is not searching for evidence against the
accused, but nonetheless inadvertently comes across an incriminating object x x x.
[It] serves to supplement the prior justification whether it be a warrant for another
object, hot pursuit, search incident to lawful arrest, or some other legitimate reason
for being present unconnected with a search directed against the accused and
permits the warrantless seizure."
The Plain View Doctrine thus finds no applicability in Calantiaos situation because
the police officers purposely searched him upon his arrest. The police officers did
not inadvertently come across the black bag, which was in Calantiaos possession;
they deliberately opened it, as part of the search incident to Calantiaos lawful
arrest.