Tuesday, January 31, 2023
manilastandard.net
ADVERTISEMENT
  • About
  • News
    • Top Stories
    • National
    • World News
    • Pinoy Abroad
    • Features
  • Opinion
    • Editorial
    • Columns
    • Soundbytes
  • LGUs
    • NCR
    • Luzon
    • Visayas
    • Mindanao
  • Business
    • Corporate
    • Economy & Trade
    • Stocks
    • Money
    • Agri & Mining
    • Power & Tech
    • IT & Telecom
  • Sports
    • Basketball
    • Volleyball
    • Fightsports
    • Active
    • Sports Plus
    • One Championship
    • Columns
  • Entertainment
    • TV & Movies
    • Celebrity Profiles
    • Music & Concerts
    • Digital Media
    • Columns
  • Lifestyle
    • Food
    • Culture & Media
    • Fashion
    • Health and Home
    • Leisure
    • Shopping
    • Columns
  • Others
    • Pets
    • Pop.Life
      • Newsmakers
      • Hangouts
      • A-Pop
      • Post Its
      • Performances
      • Malls & Bazaars
      • Hobbies & Collections
    • Technology
      • Gadgets
      • Computers
      • Business
      • Tech Plus
    • MS ON THE ROAD
      • Sedan
      • SUV
      • Truck
      • Bike
      • Accessories
      • Motoring Plus
      • Commuter’s Corner
    • Home & Design
      • Residential
      • Commercial
      • Construction
      • Interior
    • Spotlight
    • Gallery
      • Photos
      • Videos
    • Events
      • Seminars
      • Exhibits
      • Community
    • Biyahero
      • Travel Features
      • Travel Reels
      • Travel Logs
  • Advertise with Us
No Result
View All Result
  • About
  • News
    • Top Stories
    • National
    • World News
    • Pinoy Abroad
    • Features
  • Opinion
    • Editorial
    • Columns
    • Soundbytes
  • LGUs
    • NCR
    • Luzon
    • Visayas
    • Mindanao
  • Business
    • Corporate
    • Economy & Trade
    • Stocks
    • Money
    • Agri & Mining
    • Power & Tech
    • IT & Telecom
  • Sports
    • Basketball
    • Volleyball
    • Fightsports
    • Active
    • Sports Plus
    • One Championship
    • Columns
  • Entertainment
    • TV & Movies
    • Celebrity Profiles
    • Music & Concerts
    • Digital Media
    • Columns
  • Lifestyle
    • Food
    • Culture & Media
    • Fashion
    • Health and Home
    • Leisure
    • Shopping
    • Columns
  • Others
    • Pets
    • Pop.Life
      • Newsmakers
      • Hangouts
      • A-Pop
      • Post Its
      • Performances
      • Malls & Bazaars
      • Hobbies & Collections
    • Technology
      • Gadgets
      • Computers
      • Business
      • Tech Plus
    • MS ON THE ROAD
      • Sedan
      • SUV
      • Truck
      • Bike
      • Accessories
      • Motoring Plus
      • Commuter’s Corner
    • Home & Design
      • Residential
      • Commercial
      • Construction
      • Interior
    • Spotlight
    • Gallery
      • Photos
      • Videos
    • Events
      • Seminars
      • Exhibits
      • Community
    • Biyahero
      • Travel Features
      • Travel Reels
      • Travel Logs
  • Advertise with Us
No Result
View All Result
manilastandard.net
No Result
View All Result
Home Opinion Columns Eagle eyes by Tony La Vina

People vs. Sapla

Tony La ViñabyTony La Viña
July 31, 2021, 12:05 am
in Eagle eyes by Tony La Vina
Reading Time: 4 mins read
A A
Share on FacebookShare on TwitterShare on Email

"It settles once and for all the legality of a warrantless intrusive search of a vehicle based on an anonymous tip."

 

Five years into President Rodrigo Duterte’s deadly war on drugs, few reports of police abuses have been investigated, not to mention that only a handful of these abusive law enforcers have been brought to justice despite reports by human rights advocates of extrajudicial killings and thousands of victims being arrested or killed under suspicious circumstances.  

The case of People v. Sapla, decided last June 16, 2020, is one case that settles once and for all the legality of a warrantless intrusive search of a vehicle based on an anonymous tip. In his ponencia, Associate Justice Benjamin Caguioa emphasized that “while the Court recognizes the necessity of adopting a decisive stance against the scourge of illegal drugs, the eradication of illegal drugs in our society cannot be achieved by subverting the people's constitutional right against unreasonable searches and seizures. In simple terms, the Constitution does not allow the end to justify the means. Otherwise, in eradicating one societal disease, a deadlier and more sinister one is cultivated – the trampling of the people's fundamental, inalienable rights. The State's steadfastness in eliminating the drug menace must be equally matched by its determination to uphold and defend the Constitution. This Court will not sit idly by and allow the Constitution to be added to the mounting body count in the State's war on illegal drugs.”

The case originated when Sapla, a jeepney passenger, was arrested at a police checkpoint in Tabuk City, Kalinga province, for possession of four bricks of marijuana. The Regional Public Safety Battalion, acting on an anonymous phone call that a man in acertain attire would be transporting marijuana in a blue sack from Kalinga to Isabela province, caused the setting up of a police check point which netted the accused on board who fitted the description given by the anonymous tipster.

Although convicted by the Regional Trial Court and the Court of Appeals which considered his arrest the result of a valid warrantless search of a moving vehicle, the Supreme Court overturned Jerry Sapla’s conviction and ordered his immediate release. In doing so, the Court stressed that police officers were limited to routine inspection of a vehicle and needed reasonable or probable cause before they could conduct an intrusive search of a vehicle without warrant.

ADVERTISEMENT

“Does the mere reception of a text message from an anonymous person suffice to create probable cause that enables the authorities to conduct an extensive and intrusive search without a search warrant? The answer is a resounding no,” it said, adding that a tip is considered hearsay “no matter how reliable it may be.

On the issue of whether or not the police officers may justify in this case the search as a search of a moving vehicle, the Court also ruled in the negative, stating that this case does not fall under search of a moving vehicle because the target of the search was not the jeepney boarded by Sapla but rather the target was the person of Sapla. Based on the testimony of the police officers, their actual target was the person fitting the description provided by the tip which corresponded to Sapla and not the vehicle.

Can police officers justify the search as consented search? The Court once again ruled in the negative for the reason that based on the testimony of the police officers, Sapla hesitated when he was requested to open the blue sack. This only means that he did not give his consent and that his compliance was vitiated by the presence of the police.

In deciding to acquit the accused, the Supreme Court emphasized the need to adhere to strict standards set by the Constitution otherwise “A battle waged against illegal drugs that tramples on the rights of the people is not a war on drugs; it is a war against the people.”

“¨In the opening lines of People vs. Sapla, Justice Caguioa uses strong words:  “Therefore, while the Court recognizes the necessity of adopting a decisive stance against the scourge of illegal drugs, the eradication of illegal drugs in our society cannot be achieved by subverting the people's constitutional right against unreasonable searches and seizures. In simple terms, the Constitution does not allow the end to justify the means. Otherwise, in eradicating one societal disease, a deadlier and more sinister one is cultivated – the trampling of the people's fundamental, inalienable rights. The State's steadfastness in eliminating the drug menace must be equally matched by its determination to uphold and defend the Constitution. This Court will not sit idly by and allow the Constitution to be added to the mounting body count in the State's war on illegal drugs.”

As a parting word, the good Justice affirms that: “the Bill of Rights should never be sacrificed on the altar of convenience. Otherwise, the malevolent mantle of the rule of men dislodges the rule of law.”

The new rules requiring body cameras and prohibiting courts to become warrant factories are consistent with the thinking reflected in this historic decision, one of the best human rights jurisprudence ironically coming out from the High Court during a time when the respect for human rights is in great danger.

Website: tonylavina.com Facebook: deantonylavs Twitter: tonylavs

Tags: extrajudicial killingsPeople v. SaplaPresident Rodrigo DuterteTony La Viñawar on drugs
ADVERTISEMENT
Tony La Viña

Tony La Viña

Related Posts

Victory for press freedom

byTony La Viña
January 31, 2023, 12:10 am
0
8
Denying Villafuerte justice

"May the free press win in all these cases" Rappler Holdings Corporation and its president Maria Ressa have been acquitted...

Read more

Justice delayed is justice denied (Part 2)

byTony La Viña
January 28, 2023, 12:10 am
0
8
Christmas path to peace

"The basic principle is that no one should be deprived of liberty unless there has been a trial and final...

Read more

Gigi Reyes and everyone’sright to speedy trial

byTony La Viña
January 24, 2023, 12:10 am
0
8
Denying Villafuerte justice

"The SC said while Reyes’ detention is based on a court order, her prolonged detention, without any progress on the...

Read more

Attacking human rights defenders

byTony La Viña
January 17, 2023, 12:10 am
0
8
Denying Villafuerte justice

"The story of Dyan and Armand ended well but others will not be too lucky in the future until the...

Read more

Protest, petition, passion and praise

byTony La Viña
January 14, 2023, 12:10 am
0
8

"These days, it’s San Francesco’s praise for suffering, sickness, and death—lines he added to the canticle when he became sick...

Read more

New year, new life

byTony La Viña
January 7, 2023, 12:05 am
0
8
Christmas path to peace

When you read about this cancer and possible scenarios, there is always an optimistic air. Prostate cancer is compatible with...

Read more

Print Edition

View More

Recent Posts

  • White House says US COVID emergency status to end May 11
  • Markets struggle before central bank rate decisions
  • UK PM hails Brexit as ‘huge opportunity’, three years on
  • Germany vows millions for Amazon as Scholz meets Lula in Brazil
  • Biden says ‘no’ to US sending F-16 fighter jets to Ukraine
  • Sneakers for Makati : AB4.0
  • PBBM rolls out 5-year dev’t plan
  • Mr. Marcos says education system ‘failed’ the children

Advertisement

Latest News

Sneakers for Makati : AB4.0

byManila Standard
January 31, 2023, 1:50 am
0
288
Sneakers for Makati : AB4.0

Read more

PBBM rolls out 5-year dev’t plan

byVito Barceloand1 others
January 31, 2023, 1:40 am
0
8
Arcilla, Kinaadman to dispute Brookside Open title

Signs EO for economic recovery to uplift lives of ordinary Pinoys President Ferdinand Marcos Jr. has signed an executive order...

Read more

Mr. Marcos says education system ‘failed’ the children

byVince Lopezand1 others
January 31, 2023, 1:30 am
0
8
Tiamzons killed in boat explosion? Military mum on details of incident

President Ferdinand Marcos Jr. on Monday said the education system has “failed” Filipino children as he vowed to do better...

Read more

WHO declares COVID still global crisis, pandemic at transition point

byAFP
January 31, 2023, 1:20 am
0
8
Can’t afford onions per kilo? DA says buy per piece

Geneva—Three years to the day after the World Health Organization (WHO) sounded the highest level of global alert over COVID-19,...

Read more

Fuel price hikes: Gas up P1.30/l, diesel by P1/l

byAlena Mae S. Floresand1 others
January 31, 2023, 1:10 am
0
8
Senate-Comelec accord

Domestic pump prices went up for the third consecutive week by as much as P1.35 per liter effective 6 a.m....

Read more

Advertisement

ADVERTISEMENT
Facebook Twitter Instagram Youtube

ABOUT US

Manila Standard

Manila Standard website (manilastandard.net), launched in August 2002, extends the newspaper’s reach beyond its traditional readers and makes its brand of Philippine news and opinion available to a much wider and geographically diverse readership here and overseas.

Digital Edition

In tone and content, the online edition mirrors the editorial thrust of the newspaper. While hewing to the traditional precepts of fairness and objectivity, MS believes the news of the day need not be staid, overly long or dry. Stories are succinct, readable and written in a lively style that has become a hallmark of the newspaper.

Download – Today’s Paper

Search

No Result
View All Result

6th Floor Universal Re Bldg., 106 Paseo De Roxas cor. Perea Street, Legaspi Village, 1226 Makati City Philippines

Trunklines: 832-5554, 832-5556, 832-5558

© 2021 Manila Standard - Designed and Developed by Neitiviti Studios.

No Result
View All Result
  • About
  • News
    • Top Stories
    • National
    • World News
    • Pinoy Abroad
    • Features
  • Opinion
    • Editorial
    • Columns
    • Soundbytes
  • LGUs
    • NCR
    • Luzon
    • Visayas
    • Mindanao
  • Business
    • Corporate
    • Economy & Trade
    • Stocks
    • Money
    • Agri & Mining
    • Power & Tech
    • IT & Telecom
  • Sports
    • Basketball
    • Volleyball
    • Fightsports
    • Active
    • Sports Plus
    • One Championship
    • Columns
  • Entertainment
    • TV & Movies
    • Celebrity Profiles
    • Music & Concerts
    • Digital Media
    • Columns
  • Lifestyle
    • Food
    • Culture & Media
    • Fashion
    • Health and Home
    • Leisure
    • Shopping
    • Columns
  • Pop.Life
    • Newsmakers
    • Hangouts
    • A-Pop
    • Post Its
    • Performances
    • Malls & Bazaars
    • Hobbies & Collections
  • Technology
    • Gadgets
    • Computers
    • Business
    • Tech Plus
  • MS ON THE ROAD
    • Sedan
    • SUV
    • Truck
    • Bike
    • Accessories
    • Motoring Plus
    • Commuter’s Corner
  • Home & Design
    • Residential
    • Commercial
    • Construction
    • Interior
  • Spotlight
  • Gallery
    • Photos
    • Videos
  • Events
    • Seminars
    • Exhibits
    • Community
  • Biyahero
    • Travel Features
    • Travel Reels
    • Travel Logs
  • Pets
  • Advertise with Us

© 2021 Manila Standard - Designed and Developed by Neitiviti Studios.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Install Manila Standard Web App

Install App