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PEOPLE Vs. Rodelio C. Exala, Et Al. [SEPARATE OPINIONS]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RODELIO C. EXALA, RESTITUTO B. BOCALAN and JAIME P. FERNANDEZ, accused, RESTITUTO B. BOCALAN, accused-appellant.

G.R. No. 76005 | 1993-04-23

Separate Opinions

CRUZ, J., dissenting:

I dissent, for the reasons expressed in my dissenting opinions in Valmonte v. de Villa, 185 SCRA 665/178 SCRA 211, and People v. Malmstedt, 198 SCRA 401, and the following additional observations.

I am opposed to checkpoints as regular police measures aimed at reducing criminality in general. I do not agree that in the interest of peace and order, any or every vehicle may be stopped at any time by the authorities and searched without warrant on the chance that it may be carrying prohibited articles. That possibility is not the probable cause envisioned in the Bill of Rights.

In the case of the ordinary...