PEOPLE v VINECARIO

G.R. No. 141137 / JAN. 20, 2004 / CARPIO-MORALES, J./CRIMPRO-Checkpoints/ELQESCBR

NATURE Petition for Certiorari
PETITIONERS People of the Philippines
RESPONDENTS Arnold Roble, Gerlyn Wates

SUMMARY. Vinecario et al was stopped at a checkpoint. Police

Officers found that their pack contained 2 bundles of marijuana.
Vinecario assailed the validity of the search. SC held that search
and seizure in this case was valid.
DOCTRINE. - Although the general rule is that motorists and
their vehicles as well as pedestrians passing through checkpoints
may only be subjected to a routine inspection, vehicles may be
stopped and extensively searched when there is probable cause
which justifies a reasonable belief of the men at the checkpoints
that either the motorist is a law offender or the contents of the
vehicle are or have been instruments of some offense

FACTS.
During a COMELEC Gun Ban, Vinecario, Wates and Arnold Robles motrocyle sped past a
checkpoint in Davao City. They were asked to return to the checkpoint, and when asked to
produce identification (Wates had claimed he was military), they could not.
Officers noticed a military pack slung over Vinecarios shoulder, and that the others were
acting suspiciously. When asked what the bag contained, VInecario said it contained a mat.
He then passed it to Wates, who passed it to Roble who passed it to Vinecario.
Thinking it was a bomb, policemen dispersed and ordered the 3 to open the bag. When
opened, they saw something wrapped in paper, SPO1 Goc-Ong opened it and smelled
marijuana. On the command of their Commanding Officer, the 3 were brought to the
battalion office, and blottered the incident. Crime lab confirmed it was Marijuana.
Vinecarios version:He was an army man; he approached Wates to drive him to his
brother; picked up Roble as alternate driver. Coming back from his brother, they met
Vinecarios former workmates, the latter asked them if they could ride in the motorcycle.
As there was no more room, they asked if V can take a bag of clothes to their cousin.
Without examining the contents, V took the bag
They didnt see the checkpoint, but upon hearing the guards whistle, they went back. The
guards checked the bag, shouted that it contained Marijuana. When V tried to look if there
was indeed marijuana, the officers grabbed them and brought them to the camp. They
were then made to sign documents they were not allowed to read
RTC found them guilty of violating Article IV of Republic Act No. 6425 (Dangerous Drugs Act
of 1972, as amended by Republic Act No. 7659 and were sentenced to death
o Subsequently changed this to R. Perpetua
o Prosecution filed MR arguing that commission of the offense charged against appellants
was attended by an aggravating circumstance in that it was committed by an
organized or syndicated crime group, thus warranting the imposition of the death
penalty. DENIED
Vinecario, Roble and Wates Appeal to SC: Wates and Robles claimed that they did not act
with unity as they did not know of Vinecarios plan to meet with the man who gave them
the backpack. This was buttressed by testimonies of the checkpoint police that neither
Wates nor Robles were nervous when the bag was opened.
o All withdrew their appeal: DENIED