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Cogaed

The document discusses a case involving the warrantless search and seizure of two individuals, Victor Romana Cogaed and Santiago Sacpa Dayao, by police in the Philippines. A police officer received a tip that the two men would be transporting marijuana. At a checkpoint, the officer asked the men about the contents of their bags. Cogaed opened his bag, revealing marijuana. They were then arrested. The court found that Cogaed's silence did not amount to a waiver of his constitutional rights against warrantless search and seizure. For a valid waiver of constitutional rights, the officer must inform the individual that any silence will be taken as consent to search and ensure the individual understands their rights.

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84 views1 page

Cogaed

The document discusses a case involving the warrantless search and seizure of two individuals, Victor Romana Cogaed and Santiago Sacpa Dayao, by police in the Philippines. A police officer received a tip that the two men would be transporting marijuana. At a checkpoint, the officer asked the men about the contents of their bags. Cogaed opened his bag, revealing marijuana. They were then arrested. The court found that Cogaed's silence did not amount to a waiver of his constitutional rights against warrantless search and seizure. For a valid waiver of constitutional rights, the officer must inform the individual that any silence will be taken as consent to search and ensure the individual understands their rights.

Uploaded by

John Ceasar Ucol Ü
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Title: GR no 200334 7-30-2014

People vs Cogaed

Current topic: Warrantless Search and seizure

Issue: W or N A person’s silence amount to the waiver of his right against warrantless search and
seizures.

Fact: Police Senior Inspector Sofronio Bayan (PSI Bayan) of the San Gabriel Police Station in San
Gabriel,La Union, "received a text message from an unidentified civilian informer"2 that one Marvin
Buya (also known as Marvin Bugat) "[would]be transporting marijuana"3 from Barangay LunOy, San
Gabriel, La Union to the Poblacion of San Gabriel, La Union.4

PSI Bayan organized checkpoints in order "to intercept the suspect."5 PSI Bayan ordered SPO1
Jaime Taracatac, Jr. A passenger jeepney from Barangay Lun-Oy arrived at SPO1 Taracatac’s
checkpoint.7 The jeepney driver disembarked and signalled to SPO1 Taracatac indicating the two
male passengers who were carrying marijuana.8 SPO1 Taracatac approached the two male
passengers who were later identified as Victor Romana Cogaed and Santiago Sacpa
Dayao.9 Cogaed was carrying a blue bag and a sack while Dayao was holding a yellow bag.10

SPO1 Taracatac asked Cogaed and Dayao about the contents of their bags.11 Cogaed and Dayao
told SPO1 Taracatac that they did not know since they were transporting the bags as a favor for their
barrio-mate named Marvin.12 After this exchange, Cogaed opened the blue bag, revealing three
bricks of what looked like marijuana. "SPO1 Taracatac arrested [Cogaed] and . . . Dayao and
brought them to the police station. While at the police station, the Chief of Police and Investigator
PO3 Stanley Campit (PO3 Campit) requested Cogaed and Dayao to empty their bags.18 Inside
Cogaed’s sack was "four (4) rolled pieces of suspected marijuana fruiting tops,"19 and inside Dayao’s
yellow bag was a brick of suspected marijuana.20

Decision

There can be no valid waiver of Cogaed’s constitutional rights even if we assume that he did not
object when the police asked him to open his bags. As this court previously stated:

Appellant’s silence should not be lightly taken as consent to such search. The implied acquiescence
to the search, if there was any, could not have been more than mere passive conformity given under
intimidating or coercive circumstances and is thus considered no consent at all within the purview of
the constitutional guarantee.132(Citations omitted) Cogaed’s silence or lack of aggressive objection
was a natural reaction to a coercive environment brought about by the police officer’s excessive
intrusion into his private space. The prosecution and the police carry the burden of showing that the
waiver of a constitutional right is one which is knowing, intelligent, and free from any coercion. In all
cases, such waivers are not to be presumed.

For a valid waiver by the accused of his or her constitutional right, it is not sufficient that the police
officer introduce himself or herself, or be known as a police officer. The police officer must also
1âwphi 1

inform the person to be searched that any inaction on his or her part will amount to a waiver of any
of his or her objections that the circumstances do not amount to a reasonable search. The police
officer must communicate this clearly and in a language known to the person who is about to waive
his or her constitutional rights. There must be an assurance given to the police officer that the
accused fully understands his or her rights. The fundamental nature of a person’s constitutional right
to privacy requires no less.

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