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People vs. Mentoy

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ROSEMARIE GARDON-MENTOY, ACCUSED-APPELLANT.

G.R. No. 223140 | 2019-09-04

DECISION
 
BERSAMIN, C.J.:
 
A lawful arrest must precede a warrantless search conducted upon the personal effects of an individual. The process cannot be reversed. Hence, the search must rest on probable cause existing independently of the arrest.
 
The Case

This appeal challenges the decision promulgated on April 28, 2015,[1] whereby the Court of Appeals (CA) affirmed the conviction of the accused­ appellant for the crime of illegal transportation of dangerous drugs defined and penalized under Section 5 of Republic Act. No. 9165 (Comprehensive Dangerous Act of 2002). She had been incriminated following the warrantless...