G.R. No. 148825 December 27, 2002
People of the Philippines, appellee, vs. Susan Canton, appellant.

FACTS

Appellant Susan Canton was charged with violation of Section 16, Article III of the Dangerous Drugs Act of 1972 (R.A. No. 6425), as amended, for having in her possession 998.2809 grams of methamphetamine hydrochloride without prescription or license at the Ninoy Aquino International Airport (NAIA) on February 12, 1998. As a departing passenger bound for Saigon, she passed through a metal detector which emitted a beeping sound. Frisker Mylene Cabunoc, upon frisking, felt bulging packages at Canton’s abdominal area, front genital area, and thighs. When asked to bring them out, Canton refused, saying “Money, money only.” Cabunoc reported to her supervisor, SPO4 Victorio de los Reyes. Canton was brought to a comfort room for a thorough physical examination, where she removed her skirt, girdles, and panty, revealing three packages wrapped in gray tape. These were turned over to SPO4 De los Reyes. Laboratory examination confirmed the contents were shabu. The defense presented SPO2 Jerome Cause, who testified no investigation was conducted but Canton signed a receipt for the seized items without counsel. The trial court found Canton guilty beyond reasonable doubt and sentenced her to reclusion perpetua and a P1 million fine. Canton appealed, challenging the warrantless search and seizure, the alleged violation of her rights during custodial investigation, and the trial court’s consideration of an unoffered medical report.

ISSUE

The primary issues are: (1) Whether the warrantless search and seizure were valid and constitutional; (2) Whether the search exceeded the limits of a permissible “stop and frisk”; (3) Whether Canton was under custodial investigation without counsel; (4) Whether the trial court erred in considering an unoffered medical report; and (5) Whether the penalty and fine imposed were proper.

RULING

The Supreme Court affirmed the conviction. The warrantless search was held valid as it fell under the exception of a search incidental to a lawful arrest. Canton was caught in flagrante delicto possessing a regulated drug. The routine frisk at the airport, prompted by the metal detector alarm and the discovery of suspicious packages, constituted a valid search under airport security procedures. The subsequent strip search in the comfort room was a reasonable continuation based on probable cause. The Court ruled that the “stop and frisk” doctrine (Terry v. Ohio) was not applicable as the search here was more extensive due to the discovery of contraband. Canton was not under custodial investigation at the time of the search and seizure; the constitutional rights during investigation apply only when a person is taken into custody and interrogated. The trial court’s reference to the unoffered medical report was deemed harmless error, as the conviction was based on other conclusive evidence. The penalty of reclusion perpetua and the P1 million fine were affirmed as within the law’s prescription. However, the Court ordered the return of Canton’s passport, plane tickets, and girdles, as their seizure exceeded legal limits.