Nolasco Vs Pano
Nolasco vs. Paño
139 SCRA 152 (1985)
FACTS: The crime alleged is rebellion. Aguilar-Roque was one of the accused of rebellion in a criminal case before a Special Military Commission. At that time, she was at large. The military authorities arrested her and Nolasco, who had no standing arrest against him, while the latter were onboard a public vehicle. Consequently, the military authorities searched the residence of Aguilar-Roque. They seized 428 documents and written materials, and additionally a portable typewriter, and 2 wooden boxes.
ISSUE: Whether or not the search and seizure fall under the rule of warrantless search incidental to a lawful arrest.
HELD: Yes, the search and seizure fall under the rule of warrantless search incidental to a lawful arrest. Considering that Aguilar-Roque has been charged with rebellion, which is a crime against public order, that the warrant for her arrest has not been served for a considerable period of time; that she was arrested within the general vicinity of her dwelling; and that the search of her dwelling was made within a half hour of her arrest, the search and seizure conducted did not need a search warrant, for possible effective results in the interest of public order.