Friday, June 2, 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.

“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

Decolonizing Pinoy spirituality

byTony La Viña
May 30, 2023, 12:05 am
0
8
Denying Villafuerte justice

"The Church’s association with colonialism has also sparked tensions and conflicts, with some accusing it of perpetuating inequalities and promoting...

Read more

Light of the Spirit

byTony La Viña
May 27, 2023, 12:15 am
0
8
Denying Villafuerte justice

May the light of the Spirit be upon us all so we can learn to forgive On Sunday, we joyously...

Read more

Betrayal in politics

byTony La Viña
May 23, 2023, 12:05 am
0
8
Denying Villafuerte justice

"The challenge to both traditional and progressive political groups is to return to an ethics-based politics…always doing the right thing...

Read more

The Great Commission

byTony La Viña
May 20, 2023, 12:10 am
0
8
Denying Villafuerte justice

When we recognize Jesus’ authority and His central role in the Great Commission, the task of making disciples becomes less...

Read more

The road to vindication

byTony La Viña
May 16, 2023, 12:05 am
0
8
Denying Villafuerte justice

"Conspiracy must be established not by conjecture but by positive and conclusive evidence" In a 39-page decision released on May...

Read more

The promise of the Holy Spirit

byTony La Viña
May 13, 2023, 12:05 am
0
8
Denying Villafuerte justice

The Holy Spirit empowers us to love others as God the Son loves them The reading during the Sixth Sunday...

Read more

Print Edition

View More

Recent Posts

  • Walk with Pride
  • MIF structure up for review
  • Congress leaders hail accomplishments
  • 1st trilateral maritime exercises
  • Rody rejects calls to serve as government drug czar
  • SWS: 45% of Pinoys optimistic life will improve in 1 year
  • Marcos orders geo-mapping of all agri lands to boost yield
  • Oil firms slash LPG prices by P6/kilo

Advertisement

Latest News

SWS: 45% of Pinoys optimistic life will improve in 1 year

byVito Barcelo
June 2, 2023, 12:40 am
0
8
SWS: Jobless rate eases to 24.8%

At least 45 percent of Filipino adults are optimistic that their lives will improve in the next 12 months, the...

Read more

Marcos orders geo-mapping of all agri lands to boost yield

byVince Lopez
June 2, 2023, 12:35 am
0
8
San Juan tames Caloocan; Bacoor, Mindoro beat rivals

President Ferdinand Marcos Jr. has directed the geological mapping of all agricultural lands in the country to establish soil maps...

Read more

Oil firms slash LPG prices by P6/kilo

byAlena Mae S. Flores
June 2, 2023, 12:30 am
0
8
Isla, Phoenix to hike LPG prices twice in one week

Prices of liquefied petroleum gas (LPG) will go down by at least P6 per kilogram this month. The price adjustments...

Read more

NBI to probe broadcaster’s murder

byRey E. Requejo
June 2, 2023, 12:25 am
0
8
NBI agrees to probe 154 cops  in deadly anti-drug operations

Justice Secretary Jesus Remulla has ordered the National Bureau of Investigation to probe the killing of radio broadcaster Cresenciano Bunduquin...

Read more

SC asked to order Maynilad, Manila Water to refund their customers

byRey E. Requejo
June 2, 2023, 12:20 am
0
8
Marinduque lauds desalination project, sees end to potable water supply woes

Party-list group Bayan Muna on Thursday asked the Supreme Court to partially reconsider its December 2021 decision which barred water...

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