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    People V Tudtud

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    Hadrian Augustine Respicio
    The Supreme Court case of People v Tudtud involved the arrest and conviction of Noel Tudtud and his companion Dindo Bolong for illegal possession of marijuana. Police officers received a tip that Tudtud was involved in drug trafficking. They conducted surveillance and stopped Tudtud upon his return from Cotabato, finding marijuana in his belongings. At trial, Tudtud claimed the evidence was obtained through an illegal search and seizure. The Supreme Court agreed, finding the search and seizure invalid. As such, the marijuana could not be used as evidence against Tudtud, resulting in his acquittal.

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    People V Tudtud

    Uploaded by

    Hadrian Augustine Respicio
    32 views2 pages
    The Supreme Court case of People v Tudtud involved the arrest and conviction of Noel Tudtud and his companion Dindo Bolong for illegal possession of marijuana. Police officers received a tip that Tudtud was involved in drug trafficking. They conducted surveillance and stopped Tudtud upon his return from Cotabato, finding marijuana in his belongings. At trial, Tudtud claimed the evidence was obtained through an illegal search and seizure. The Supreme Court agreed, finding the search and seizure invalid. As such, the marijuana could not be used as evidence against Tudtud, resulting in his acquittal.

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    People v Tudtud

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    The Supreme Court case of People v Tudtud involved the arrest and conviction of Noel Tudtud and his companion Dindo Bolong for illegal possession of marijuana. Police officers received a tip that Tudtud was involved in drug trafficking. They conducted surveillance and stopped Tudtud upon his return from Cotabato, finding marijuana in his belongings. At trial, Tudtud claimed the evidence was obtained through an illegal search and seizure. The Supreme Court agreed, finding the search and seizure invalid. As such, the marijuana could not be used as evidence against Tudtud, resulting in his acquittal.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    32 views2 pages

    People V Tudtud

    Uploaded by

    Hadrian Augustine Respicio
    The Supreme Court case of People v Tudtud involved the arrest and conviction of Noel Tudtud and his companion Dindo Bolong for illegal possession of marijuana. Police officers received a tip that Tudtud was involved in drug trafficking. They conducted surveillance and stopped Tudtud upon his return from Cotabato, finding marijuana in his belongings. At trial, Tudtud claimed the evidence was obtained through an illegal search and seizure. The Supreme Court agreed, finding the search and seizure invalid. As such, the marijuana could not be used as evidence against Tudtud, resulting in his acquittal.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    People v Tudtud (G.R. No.

    144037)
    September 26, 2003

    Facts:

    Sometime during the months of July and August 1999, the Toil Police Station, Davao City received
    a report from a "civilian asset" named Bobong Solier about a certain Noel Tudud. Solier related
    that his neighbors have been complaining about Tudtud, who was allegedly responsible for the
    proliferation of marijuana in their area. Reacting to the report, PO1 Ronald Desierto, PO1 Ramil
    Floreta and their superior, SPO1 Villalonghan, all members of the Intelligence Section of the Toil
    Police Station, conducted surveillance in Solier's neighborhood in Sapa, Tori, Davao City. For 5
    days, they gathered information and learned that Tudtud was involved in illegal drugs. According
    to his neighbors, Tudtud was engaged in selling marijuana.

    Solier informed the police that Tudtud had headed to Cotabato and would be back later that day
    with new stocks of marijuana. Solier described Tudtud as big-bodied and short, and usually wore
    a hat. At around 4:00 p.m. that same day, a team composed of PO1 Desierto, POl Floreta and SPOI
    Villalonghan posted themselves at the comer of Saipon and McArthur Highway to await Tudtud's
    arrival. All wore civilian clothes. About 8:00 p.m., 2 men disembarked from a bus and helped each
    other carry a carton marked "King Flakes." Standing some 5 feet away from the men, POl Desierto
    and POI Floreta observed that one of the men fit Tudtud's description. The same man also toted a
    plastic bag. PO1 Floreta and POl Desierto then approached the suspects and identified themselves
    as police officers. PO1 Desierto informed them that the police had received information that stocks
    of illegal drugs would be arriving that night. The man who resembled Tudtud's description denied
    that he was carrying any drugs.

    PO1 Desierto asked him if he could see the contents of the box. Tudtud obliged, saying, "it was
    alright." Tudtud opened the box himself as his companion looked on. The box yielded pieces of
    dried fish, beneath which were two bundles, one wrapped in a striped plastic bag and another in
    newspapers. POl Desierto asked Tudtud to unwrap the packages. They contained what seemed to
    the police officers as marijuana leaves. The police thus arrested Tudud and his companion,
    informed them of their rights and brought them to the police station. The two did not resist. The
    confiscated items were turned over to the Philippine National Police (PP) Crime Laboratory for
    examination. Forensic tests on specimens taken from the confiscated items confirmed the police
    officer’s suspicion. The plastic bag contained 3,200 grams of marijuana leaves while the
    newspapers contained another 890 grams.

    Noel Tudtud and his companion, Dido Bulong, were subsequently charged before the RTC of
    Davao City with illegal possession of prohibited drugs. Upon arraignment, both accused pleaded
    not guilty. The defense, however, reserved their right to question the validity of their arrest and
    the seizure of the evidence against them. Trial ensued thereafter. Tudtud, denying the charges
    against them, cried frame-up. Swayed by the prosecution's evidence beyond reasonable doubt, the
    RT rendered judgment convicting both accused as charged and sentencing them to suffer the
    penalty of reclusion perpetua and to pay a fine of P500,000.00.
    On appeal. Noel Tudtud and Dindo Bolong assign, among other errors, the admission in evidence
    of the marijuana leaves, which they claim were seized in violation of their right against
    unreasonable searches and seizures.

    Issue:

    Whether or not the search and seizure is valid

    Ruling:

    No. The accused were acquitted, seeing that the seizure is invalid, the items cannot
    be used as evidence against Tudtud.

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