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Pablo vs People [DISSENTING OPINION, LEONEN, SAJ.]

ROEL PABLO Y PASCUAL, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT

G.R. No. 253504 | 2023-02-01

DISSENTING OPINION

LEONEN, SAJ.:

In my view, there was no reasonable suspicion or genuine reason for the police officers to conduct a stop and frisk search leading to the seizure of the firearm and ammunition from Roel Pablo y Pascual (Pablo). Because of the illegal warrantless search, the articles allegedly confiscated from Pablo are inadmissible as evidence against him. His acquittal should follow.

Pablo and Alvin Teriapel (Teriapel) were charged with illegal possession of firearms punishable under Republic Act No. 10591, otherwise known as the "Comprehensive Firearms and Ammunition Regulation Act." Teriapel, after...