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Crimpro Case Digests: Arrest
Crimpro Case Digests: Arrest
The police authorities were in the area because that was where they caught up with petitioner after the chase. They saw the firearms
inside the vehicle when petitioner opened the door. Since a shooting incident just took place and it was reported that petitioner was
involved in the incident, it was apparent to the police officers that the firearms may be evidence of a crime, hence they were justified in
seizing the firearms.
Having thus shown the invalidity of the warrantless arrest in this case, plainly, the search conducted on petitioner could not have been
one incidental to a lawful arrest.
Here, here are at least three (3) reasons why the stop-and-frisk was invalid: First, we harbor grave doubts as to Yus claim
that petitioner was a member of the group which attempted to bomb Plaza Miranda two days earlier. This claim is neither supported by
any police report. Second, there was nothing in petitioners behavior or conduct which could have reasonably elicited even mere
suspicion other than that his eyes were moving very fast an observation which leaves us incredulous. Third, there was at all no
ground, probable or otherwise, to believe that petitioner was armed with a deadly weapon. None was visible to Yu, for as he admitted,
the alleged grenade was discovered inside the front waistline of petitioner, and from all indications as to the distance between Yu
and petitioner, any telltale bulge, assuming that petitioner was indeed hiding a grenade, could not have been visible to Yu.
Further, Serapio conducted the custodial investigation on petitioner the day following his arrest. No lawyer was present and
Serapio could not have requested a lawyer to assist petitioner as no PAO lawyer was then available. Thus, even if petitioner consented
to the investigation and waived his rights to remain silent and to counsel, the waiver was invalid as it was not in writing, neither was it
executed in the presence of counsel. Thus, the admission is inadmissible as evidence against the petitioner.
probable cause, the manner in which the search and seizure was made, the place or thing searched and the character of the articles
procured.
Arrest must preced the search. A search substantially contemporaneous with an arrest can make the arrest as the outset of
the search. Reliable information alone is not a sufficient to justify a warrantless arrest under Sec. 5(a), Rule 113. A peaceful submission
to a search or seizure is not a concent or an invitation thereto, but is merely a demonstration of regard for the supremacy of the law. A
waiver of an illegal warrantless arrest does not also mean a waiver of the inadmissibility of evidence seized during the illegal
warrantless arrest.
In Nuevass case, the Court is convinced that he indeed voluntarily surrendered the incriminating bag to the police officers.
Thus, the Court would have affirmed Nuevass conviction had he not withdrawn his appeal.
However, with respect to the search conducted in the case of Din, the Court finds that no such consent had actually been given. Thus,
their arrest was indeed a violation of their rights. The arrest was an invalid warrantless arrest.
the team boarded their, vehicle and overtook the "trisikad." 11 SPO1 Paguidopon was left in his house, thirty meters from where the
accused-appellants were accosted.12
The police officers then ordered the "trisikad" to stop. At that point, accused-appellant Mula who was holding a black bag handed the
same to accused-appellant Molina. Subsequently, SPO1 Pamplona introduced himself as a police officer and asked accused-appellant
Molina to open the bag.13 Molina replied, "Boss, if possible we will settle this."14 SPO1 Pamplona insisted on opening the bag, which
revealed dried marijuana leaves inside. Thereafter; accused-appellants Mula and Molina were handcuffed by the police officers.15
On December 6, 1996, accused-appellants, through counsel, jointly filed a Demurrer to Evidence, contending that the marijuana
allegedly seized from them is inadmissible as evidence for having been obtained in violation of their constitutional right against
unreasonable searches and seizures.16 The demurrer was denied by the trial court. 17A motion for reconsideration was filed by accusedappellants, but this was likewise denied
The Solicitor General filed a Manifestation and MO1ion (In Lieu of Brief), wherein he prayed for the acquittal of both accusedappellants.
Issue: Whether or not the warrantless arrest, search and seizure in the present case fall within the recognized exceptions to the
warrant requirement?
Ruling: No.
As applied to in flagrante delicto arrests, it is settled that "reliable information" alone, absent any overt act indicative of a
felonious enterprise in the presence and within the view of the arresting officers, are not sufficient to constitute probable cause that
would justify an in flagrante delicto arrest. Thus, in People v. Aminnudin, it was held that "the accused-appellant was not, at the moment
of his arrest, committing a crime nor was it shown that he was about to do so or that he had just done so. What he was doing was
descending the gangplank of the MN Wilcon 9 and there was no outward indication that called for his arrest. To all appearances, he
was like any of the other passengers innocently disembarking from the vessel. It was only when the informer pointed to him as the
carrier of the marijuana that he suddenly became suspect and so subject to apprehension." Clearly, to constitute a valid in flagrante
delicto arrest, two requisites must concur: (1) the person to be arrested must execute an overt act indicating that he has just committed,
is actually committing, or is attempting to commit a crime; and (2) such overt act is done in the presence or within the view of the
arresting officer.
In the case at bar, accused-appellants manifested no outward indication that would justify their arrest. In holding a bag on
board a trisikad, accused-appellants could not be said to be committing, attempting to commit or have committed a crime.
Withal, the Court holds that the arrest of accused-appellants does not fall under the exceptions allowed by the rules. Hence, the search
conducted on their person was likewise illegal. Consequently, the marijuana seized by the peace officers could not be admitted as
evidence against accused-appellants, and the Court is thus, left with no choice but to find in favor of accused-appellants. They are
acquitted.The law mandates that searches be carried out with a search warrant upon the existence of probable cause. Likewise, the law
protects against unreasonable searches and seizures and holds evidence taken from such incidents as inadmissible as evidence.
There are exceptions to this, the first being seizure conducted incidental to a lawful arrest For this, there should be a lawful arrest first,
before a search can be made.
These requirements have not been established in the case at bar. At the time of the arrest in question, the accused-appellant
was merely "looking from side to side" and "holding his abdomen," according to the arresting officers themselves. There was apparently
no offense that had just been committed or was being actually committed or at least being attempted by Mengote in their presence.
The Solicitor General submits that the actual existence of an offense was not necessary as long as Mengote's acts "created a
reasonable suspicion on the part of the arresting officers and induced in them the belief that an offense had been committed and that
the accused-appellant had committed it." The question is, What offense? What offense could possibly have been suggested by a
person "looking from side to side" and "holding his abdomen" and in a place not exactly forsaken?
13.) PEOPLE v. HON. PERFECTO A.S. LAGUIO, JR. & LAWRENCE WANG
Facts: Police operatives of the Public Assistance and Reaction Against Crime of the Department of Interior and Local Government,
arrested SPO2 de Dios, \Anoble and a certain Arellano, for unlawful possession of shabu. In the course of the investigation of the three
arrested persons, Redentor Teck, alias Frank, and Joseph Junio were identified as the source of the drug. An entrapment operation was
then set after the three were prevailed upon to call their source and pretend to order another supply of shabu. That same date,
Redentor Teck and Joseph Junio were arrested while they were about to hand over another bag of shabu to SPO2 De Dios and
company.
Redentor Teck and Joseph Junio did not disclose their source of shabu but admitted that they were working for Wang. They
also disclosed that they knew of a scheduled delivery of shabu early the following morning, and that their employer (Wang) could be
found at the Maria Orosa Apartment in Malate, Manila. The police operatives decided to look for Wang to shed light on the illegal drug
activities of Redentor Teck and Joseph Junio. Police Inspector and his men then proceeded to Maria Orosa Apartment and placed the
same under surveillance. Wang, who was described to the operatives by Teck, came out of the apartment and walked towards a parked
BMW car. On nearing the car, he (witness) together with Captain Margallo and two other police officers approached Wang, introduced
themselves to him as police officers, asked his name and, upon hearing that he was Lawrence Wang, immediately frisked him and
asked him to open the back compartment of the BMW car. When frisked, there was found inside the front right pocket of Wang and
confiscated from him an unlicensed Pistol loaded with ammunitions. At the same time, the other members of the operatives searched
the car and found inside it were the following items: (a) transparent plastic bags of shabu; (b) P650,000.00 cash ; (c) one electronic and
one mechanical scales; and (d) an unlicensed Daewoo 9mm Pistol with magazine. Then and there, Wang resisted the warrantless
arrest and search. The trial court held that the warrantless arrest was illegal and that warrantless search incidental to the arrest was
also unlawful.
Issue: Whether or not Hon. Laguio erred in acquitting the accused due to the invalid warrantless arrest?
Held: No.
The pertinent provisions of Rule 113 of the Rules on Criminal Procedure on warrantless arrest provide:
Sec. 5. Arrest without warrant; when lawful. - A peace officer or a private person may, without a warrant, arrest a person:
a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;
b) When an offense has just been committed, and he has probable cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested has committed it; and
c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final
judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.
Therefore, there can be no valid warrantless arrest in flagrante delicto under paragraph (a) of Section 5. It is settled that "reliable
information" alone, absent any overt act indicative of a felonious enterprise in the presence and within the view of the arresting officers,
is not sufficient to constitute probable cause that would justify an in flagrante delicto arrest.
Neither may the warrantless arrest be justified under paragraph (b) of Section 5. And doubtless, the warrantless arrest does
not fall under paragraph (c) of Section 5.
The inevitable conclusion, as correctly made by the trial court, is that the warrantless arrest was illegal. Ipso jure, the
warrantless search incidental to the illegal arrest is likewise unlawful. The Peoples contention that Wang waived his right against
unreasonable search and seizure has no factual basis. While we agree in principle that consent will validate an otherwise illegal search,
however, based on the evidence on record, Wang resisted his arrest and the search on his person and belongings. The implied
acquiescence to the search, if there was any, could not have been more than mere passive conformity given under intimidating or
coercive circumstances and is thus considered no consent at all within the purview of the constitutional guarantee. Moreover, the
continuing objection to the validity of the warrantless arrest made of record during the arraignment bolsters Wangs claim that he
resisted the warrantless arrest and search.
"(b) When an offense has in fact just been committed, and he has personal knowledge of facts indicating that the person to be arrested
has committed it; . . .'
The policemen arrested Gerente only some three (3) hours after Gerente and his companions had killed Blace. They saw
Blace dead in the hospital and when they inspected the scene of the crime, they found the instruments of death: a piece of wood and a
concrete hollow block which the killers had used to bludgeon him to death. The eye-witness, Edna Edwina Reyes, reported the
happening to the policemen and pinpointed her neighbor, Gerente, as one of the killers. Under those circumstances, since the
policemen had personal knowledge of the violent death of Blace and of facts indicating that Gerente and two others had killed him, they
could lawfully arrest Gerente without a warrant. If they had postponed his arrest until they could obtain a warrant, he would have fled
the law as his two companions did.
The search conducted on Gerente's person was likewise lawful because it was made as an incident to a valid arrest. This is in
accordance with Section 12, Rule 126 of the Revised Rules of Court which provides:
"SECTION 12. Search incident to lawful arrest. A person lawfully arrested may be searched for dangerous weapons or anything
which may be used as proof of the commission of an offense, without a search warrant."
The frisk and search of appellant's person upon his arrest was a permissible precautionary measure of arresting officers to protect
themselves, for the person who is about to be arrested may be armed and might attack them unless he is first disarmed.
15.) JUDGE FELIMON ABELITA III v. P/SUPT. GERMAN B. DORIA & SPO3 CESAR RAMIREZ
August 14, 2009
G.R. No. 170672
Facts: Judge Felimon Abelita III filed a complaint for Damages against P/Supt. Doria and SPO3 Ramirez. He alleged that he was
framed up and arrested without any appropriate charged while he parked his car in front of their house. SPO3 Ramirez forcibly took the
key of van, barged into the vehicle, and conducted a search without a warrant. The search resulted to the seizure of a licensed
shotgun and .45 caliber pistol. On the other hand, P/Supt. Doria alleged that he receive a telephone call about a shooting incident in
Barangay Nursery where certain William Sia was wounded while petitioner, who was involved in the incident, and his wife left the place.
P/Supt. Doria looked for petitioner and when he found him, he informed him of the incident report. He requested petitioner to go with
him, petitioner agreed but suddenly sped up his vehicle and proceeded to his residence. P/Supt. Doria and his companions chased
petitioner. Upon reaching petitioners residence, they caught up with petitioner as he was about to run towards his house. The police
officers saw a gun in the front seat of the vehicle beside the drivers seat as petitioner opened the door. The police officers confiscated
the firearms and arrested petitioner. Petitioner alleges that for the warrantless arrest to be lawful, the arresting officer must have
personal knowledge of facts that the person to be arrested has committed, is actually committing, or is attempting to commit an
offense. Petitioner alleges that the alleged shooting incident was just relayed to the arresting officers, and thus they have no personal
knowledge of facts as required by the Rules.
The trial court ruled that petitioners warrantless arrest and the warrantless seizure of the firearms were valid and legal. The
trial court rejected petitioners claim of frame-up as weak and insufficient to overthrow the positive testimonies of the police officers who
conducted the arrest and the incidental search. Petitioner filed a motion for reconsideration but was denied. Hence this petition.
.
Issue: Whether the warrantless arrest were illegal under Section 5, Rule 113 of the 1985 Rules on Criminal Procedure
Held: NO.
For the warrantless arrest under this Rule to be valid, two requisites must concur: (1) the offender has just committed an
offense; and (2) the arresting peace officer or private person has personal knowledge of facts indicating that the person to be arrested
has committed it.
Section 5, Rule 113 of the 1985 Rules on Criminal Procedure does not require the arresting officers to personally witness the
commission of the offense with their own eyes. In this case, P/Supt. Doria received a report about the alleged shooting incident. SPO3
Ramirez investigated the report and learned from witnesses that petitioner was involved in the incident. They were able to track down
petitioner, but when invited to the police headquarters to shed light on the incident, petitioner initially agreed then sped up his vehicle,
prompting the police authorities to give chase. Petitioners act of trying to get away, coupled with the incident report which they
investigated, is enough to raise a reasonable suspicion on the part of the police authorities as to the existence of probable cause.
prove that they had a cellular phone, implying that they could not have used it to demand ransom for the victims release. They also
assert that they were arrested without any warrant therefor. The Trial Court rendered decision convicting the appellants of the crime
charged.
Issue: Whether appellants assertion that they were arrested without any warrant may be credited.
Ruling: No.
The Court agree with the Office of the Solicitor General that the appellants Ejandra and Calunod waived any irregularities
relating to their warrantless arrest when they failed to file a motion to quash the Information on that ground, or to object to any
irregularity in their arrest before they were arraigned. They are now estopped from questioning the legality of their arrest.
jurisdiction."53 Be that as it may, the fact of the matter is that the appellant was caught in flagrante delicto of selling illegal drugs to an
undercover police officer in a buy-bust operation. His arrest, thus, falls within the ambit of Section 5(a), Rule 11354 of the Revised
Rules on Criminal Procedure when an arrest made without warrant is deemed lawful. Having established the validity of the warrantless
arrest in this case, the Court holds that the warrantless seizure of the illegal drugs from the appellant is likewise valid. We held in
People v. Cabugatan55 that:
This interdiction against warrantless searches and seizures, however, is not absolute and such warrantless searches and seizures have
long been deemed permissible by jurisprudence in instances of (1) search of moving vehicles, (2) seizure in plain view, (3) customs
searches, (4) waiver or consented searches, (5) stop and frisk situations (Terry search), and search incidental to a lawful arrest. The
last includes a valid warrantless arrest, for, while as a rule, an arrest is considered legitimate [if] effected with a valid warrant of arrest,
the Rules of Court recognize permissible warrantless arrest, to wit: (1) arrest in flagrante delicto, (2) arrest effected in hot pursuit, and
(3) arrest of escaped prisoners. (Citation omitted.) Thus, the appellant cannot seek exculpation by invoking belatedly the invalidity of his
arrest and the subsequent search upon his person.
Facts: The charges against the accused-appellants stemmed from the following Information charging them of kidnapping and serious
illegal detention for having abducted Pinky, forcing her to abode a Toyota Hi-Ace Van, and she was brought to a undisclosed lplace in
Caloocan City; of kidnapping for ransom for having abducted Albert, forcing him to abode the same van, and demanding ransom
thereof. The detention of both victims was allegedly lasted for 6 days. During arraignment, the accused-appellants pleaded not guilty to
the charges.
The RTC acquitted the appellant s for kidnapping Pinky but they were convicted with the crime charge with regard to Alberts
abduction.
Issue: Whether or not the claims of having been subjected to mauling, illegal arrest, intimidation and extortion attempts committed by
the police authorities entitles credit for their acquittal.
Held:
No.
It is settled that irregularities attending the arrest of the accused-appellants should have been timely raised in their respective
motions to quash the Informations at any time before their arraignment, failing at which they are deemed to have waived their rights to
assail the same. No such motions were filed by the accused-appellants.
Further, without meaning to downplay or take the allegations of the accused-appellants lightly, we, however, note that these
were unsubstantiated as to the identities of the offenders and uncorroborated by other pieces of evidence. To date, no complaints
against the supposed abusive police officers had yet been filed by the accused-appellants. If the abuses were indeed committed, we
exhort the accused-appellants to initiate the proper administrative and criminal proceedings to make the erring police officers liable. We
stress that while the criminal justice system is devised to punish the offenders, it is no less the States duty to ensure that those who
administer it do so with clean hands.
No.
In his arraignment before the trial court, petitioner never raised any issue and instead "freely and voluntarily pleaded Not Guilty
to the offense charged." Thus, he was estopped from raising the issue of the legality of his arrest before the trial court, more so on
appeal before the CA or this Court. However, on the basis of the non-observance of the rules of procedure for handling illegal drug
items, we resolve to acquit petitioner on the ground of reasonable doubt.
In illegal drugs cases, the identity and integrity of the drugs seized must be established with the same unwavering exactitude
as that required to arrive at a finding of guilt. The case against the accused hinges on the ability of the prosecution to prove that the
illegal drug presented in court is the same one that was recovered from the accused upon his arrest.
touching and kissing Lisas private parts. Appellant was arraigned for the three charges of rape; and one charge of acts of
lasciviousness to which he entered a plea of not guilty on all charges. At the conclusion of trial, the trial court convicted appellant on all
the charges leveled against him.
Issue:
Whether or not the accused should be acquitted because of the irregularities which attended his warrantless arrest?
Held:
No.
With regard to purported irregularities that attended appellants warrantless arrest, we are of the same persuasion as the Court
of Appeals which ruled that such a plea comes too late in the day to be worthy of consideration.
Jurisprudence tells us that an accused is estopped from assailing any irregularity of his arrest if he fails to raise this issue or to move for
the quashal of the information against him on this ground before arraignment, thus, any objection involving a warrant of arrest or the
procedure by which the court acquired jurisdiction of the person of the accused must be made before he enters his plea; otherwise, the
objection is deemed waived.16
Nevertheless, even if appellants warrantless arrest were proven to be indeed invalid, such a scenario would still not provide salvation
to appellants cause because jurisprudence also instructs us that the illegal arrest of an accused is not sufficient cause for setting aside
a valid judgment rendered upon a sufficient complaint after a trial free from error.
In its ruling, the RTC gave more weight to the evidence presented by the prosecution. Thus, the appellant was found guilty of
illegal sale and possession of shabu. The appellant questions the NBIs lack of coordination with the Philippine Drug Enforcement
Agency (PDEA). Allegedly, the NBI failed to send a filled-out pre-coordination form by facsimile message, as required by R.A. 9165 and
its implementing rules and regulations. Because of this omission, appellant argues that the buy-bust operation should be considered
unauthorized, and his subsequent arrest illegal. The evidence supposedly obtained thereby must be declared inadmissible. Hence, the
cases of drug-pushing and possession of prohibited drugs must fall together.
Issue:
Held:
No.
The arrest of the accused in flagrante during a buy-bust operation is justified under Rule 113, Section 5 (a) of the Rules of Court.
From the very nature of a buy-bust operation, the absence of a warrant does not make the arrest illegal.
The court heLd in People v. Marcelino, the illegal drug seized was not the fruit of the poisonous tree, as the defense would have
this Court believe. The seizure made by the buy-bust team falls under a search incidental to a lawful arrest under Rule 126 of the Rules
of Court. Since the buy-bust operation was legitimate, it follows that the search was also valid.
Held:
Section 5(a) is what is known as arrest in flagrante delicto. For this type of warrantless arrest to be valid, two requisites must
concur: "(1) the person to be arrested must execute an overt act indicating that he has just committed, is actually committing, or is
attempting to commit a crime; and, (2) such overt act is done in the presence or within the view of the arresting officer." A common
example of an arrest in flagrante delicto is one made after conducting a buy-bust operation.
The arrest of the appellants was an arrest in flagrante delicto made in pursuance of Sec. 5(a), Rule 113 of the Rules of Court.
The arrest was effected after Marcelino and Myra performed the overt act of selling to PO2 Noble the sachet of shabu and Ranada of
having in his control and custody illegal drug paraphernalia.
Moreover, assuming that irregularities indeed attended the arrest of appellants, they can no longer question the validity thereof
as there is no showing that they objected to the same before their arraignment. Neither did they take steps to quash the Informations on
such ground. They only raised this issue upon their appeal to the appellate court. By this omission, any objections on the legality of their
arrest are deemed to have been waived by them.
Anent their claim of unreasonable search and seizure, it is true that under the Constitution, "a search and consequent seizure
must be carried out with a judicial warrant; otherwise, it becomes unreasonable and any evidence obtained therefrom shall be
inadmissible for any purpose in any proceeding." This proscription, however, admits of exceptions, one of which is a warrantless search
incidental to a lawful arrest.
The arrest of the appellants was lawful. Under Section 13, Rule 126 of the Rules of Court, "[a] person lawfully arrested may be
searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense without a
search warrant." The factual milieu of this case clearly shows that the search was made after appellants were lawfully arrested.
26.) DELOS SANTOS-DIO v. COURT OF APPEALS
699 SCRA 614
Facts: Dio, the majority stockholder of H.S. Equities, Ltd. (HS Equities) and authorized representative of Westdale Assets, Ltd.
(Westdale), was introduced to Desmond, the Chairman and CEO of the Subic Bay Marine Exploratorium, Inc. (SBMEI), and the
authorized representative of Active Environments, Inc. and JV China, Inc. Dio, on behalf of HS Equities, decided to invest a total of
US$1,150,000.006 in SBMEIs Ocean Adventure. Dio claimed that Desmond led her to believe that SBMEI had a capital of
US$5,500,000.00, inclusive of the value of the marine mammals to be used in Ocean Adventure, 7 and also guaranteed substantial
returns on investment. Desmond even presented a Business Plan. Dio claimed that she SBMEI actually had no capacity to deliver on
its guarantees, and that in fact, as of 2001, it was incurring losses. She likewise claimed to have discovered false entries in the
companys books and financial statements specifically, its overvaluation of the marine animals and its non-disclosure of the true
amount of JV Chinas investment which prompted her to call for an audit investigation. Consequently, Dio discovered that, without her
knowledge and consent, Desmond made certain disbursements from Westdales special account, meant only for Miracle Beach
expenditures (special account), and diverted a total of US$72,362.78 therein for the operating expenses of Ocean Adventure.
Eventually, she filed a two criminal complaint for estafa against Desmond.
After the preliminary investigation, the City Prosecutor issued a Resolution dated August 26, 2004, finding probable cause
against Desmond for the abovementioned crimes. However, the RTC ruled in favor of Desmond and declared that no probable cause
exists for the crimes charged against him since the elements of estafa were not all present. Consequently, the RTC denied the issuance
of a warrant of arrest and hold departure order against Desmond and ordered the dismissal of the cases against him. The CA affirmed
the RTCs ruling.
Issue: whether or not the CA erred in finding no grave abuse of discretion on the part of the RTC when it dismissed the subject
information for lack of probable cause.
Held:
Yes.
Determination of probable cause may be either executive or judicial. The first is made by the public prosecutor, during a
preliminary investigation, where he is given broad discretion to determine whether probable cause exists for the purpose of filing a
criminal information in court. Whether or not that function has been correctly discharged by the public prosecutor, i.e., whether or not he
has made a correct ascertainment of the existence of probable cause in a case, is a matter that the trial court itself does not and may
not be compelled to pass upon.
The second is one made by the judge to ascertain whether a warrant of arrest should be issued against the accused. In this
respect, the judge must satisfy himself that, on the basis of the evidence submitted, there is a necessity for placing the accused under
custody in order not to frustrate the ends of justice. If the judge, therefore, finds no probable cause, the judge cannot be forced to issue
the arrest warrant. Notably, since the judge is already duty-bound to determine the existence or non-existence of probable cause for the
arrest of the accused immediately upon the filing of the information, the filing of a motion for judicial determination of probable cause
becomes a mere superfluity, if not a deliberate attempt to cut short the process by asking the judge to weigh in on the evidence without
a full-blown trial.
In the case of Co v. Republic, the Court emphasized the settled distinction between an executive and a judicial determination
of probable cause, viz:
We reiterate that preliminary investigation should be distinguished as to whether it is an investigation for the determination of a
sufficient ground for the filing of the information or it is an investigation for the determination of a probable cause for the issuance of a
warrant of arrest. The first kind of preliminary investigation is executive in nature. It is part of the prosecution's job.1wphi1 The second
kind of preliminary investigation which is more properly called preliminary examination is judicial in nature and is lodged with the judge.
On this score, it bears to stress that a judge is not bound by the resolution of the public prosecutor who conducted the preliminary
investigation and must himself ascertain from the latters findings and supporting documents whether probable cause exists for the
purpose of issuing a warrant of arrest. This prerogative is granted by no less than the Constitution which provides that "no warrant of
arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of
the complainant and the witnesses he may produce."
In other words, once the information is filed with the court and the judge proceeds with his primordial task of evaluating the
evidence on record, he may either: (a) issue a warrant of arrest, if he finds probable cause; (b) immediately dismiss the case, if the
evidence on record clearly fails to establish probable cause; and (c) order the prosecutor to submit additional evidence, in case he
doubts the existence of probable cause. Applying these principles, the Court finds that the RTCs immediate dismissal, as affirmed by
the CA, was improper as the standard of clear lack of probable cause was not observed.
27.) PEOPLE v. MENDOZA
700 SCRA 42
Facts: PO2 dela Cruz testified that on May 15, 2004 at about 8:15 in the evening, their confidential informant arrrived at their office
reporting that a certain alias Monica, who turned out to be accused-appellant, was involved in the rampant sale of illegal drugs. Their
Action Officer, SPO4 Arsenio Mangulabnan formed a buy-bust team led by SPO1 Jose Magallanes to effect the arrest of accusedappellant. A briefing was conducted regarding the anti-narcotics operation and PO2 dela Cruz was designated as poseur-buyer. He was
tasked to buy Php200.00 worth of shabu from accused-appellant. Two (2) pieces of one hundred peso bills were provided and marked
with "AMM" for use in the buy-bust operation. After the transaction between PO2 dela Cruz and accused-appellant having been
consummated, he then made a motion of giving a high five to accused-appellant which was the pre-arranged signal for the rest of the
back-up team. Operations back-up PO2 Sangel then approached the area of transaction, introduced himself as a police officer and
placed accused-appellant under arrest. Accused-appellant was apprised of the nature of the arrest and of her constitutional rights.
Accused-appellant for her part, denied the charges against her. She denied that she was caught selling shabu and that she
was caught in possession of the same. The RTC, found the evidence of the prosecution sufficient to prove the guilt of accusedappellant for the crimes charged beyond reasonable doubt. The CA affirmed the decision and dismissed the appeal. Hence, the
petition.
Issue:
Whether or not a valid warrant should have been secured first before they proceeded to arrest her.
Held:
No.
Section 5(a) of Rule 113 is commonly known as in flagrante delicto arrest. For a warrantless arrest of an accussed caught in
flagrante delicto to be valid, two requisites must concur: 1) person to be arrested must execute an overt act indicating that he has just
committed, is actually committing, or is attempting to commit a crime; 2) such overt act is done in the presence or within the view of the
arresting officer.
In the instant case, the prosecution completely and fully established that accused-appellant was arrested in flagrante delicto.
At any rate, accused-appellant failed to raise any objection to the manner of her arrest before arraignment.1wphi1 In fact, she
participated in the trial. She even took the witness stand and testified in her own behalf. She is now estopped from assailing the legality
of her arrest as she waived any irregularity, if any, that may have tainted her arrest.
Significantly, the proof of an in flagrante delicto an-est, removes whatever credibility there may have been about the testimony of the
accused-appellant of the alleged circumstances that made her go with the police to the DEU unit. Her version that she was a frame-up
victim cannot stand against the testimony of the police, supported by evidence of corpus delicti.
28) ESPINO vs PEOPLE
Facts: The accused was a senior sales executive in charge of liaising with import coordinators of the company Kuehne and Nagel,
Inc.
(KN
Inc.).
His
duties
included
the
delivery
of
its
commissions
to
the
import
coordinators.
On 14 October 2002, the Fiscals Office of Paranaque charged the accused with six (6) counts of estafa under Article 315, paragraph
1(b) for allegedly rediscounting checks that were meant to be paid to the companys import coordinators. After trial, the RTC convicted
the accused of estafa under Article 315, paragraph 2(a).17 In response, he filed a Motion for Reconsideration, arguing that the trial court
committed a grave error in convicting him of estafa under paragraph 2(a), which was different from paragraph 1(b) of Article 315 under
which he had been charged. He also alleged that there was no evidence to support his conviction. Thus, he contended that his right to
due
process
of
law
was
thereby
violated.
In turn, the prosecution argued that jurisprudence had established that the nature and character of the crime charged are
determined by the facts alleged in the information, and not by a reference to any particular section of the law. Subsequently, the RTC
denied the Motion. In the present Petition, the accused raises his right to due process. 26 Specifically, he claims that he was denied due
process when he was convicted of estafa under Article 315, paragraph 2(a) of the Revised Penal Code (RPC) despite being charged
with estafa under Article 315, paragraph 1(b).27 He argues that the elements constituting both modes of estafa are different, and that
this difference should be reflected in the Information.28 According to him, a charge under paragraph 1(b) would not merit a conviction
under paragraph 2(a).
Issue: WON Espino was denied of his right of due process because of his conviction of Estafa under Art 315 par 2(a) instead of Art
315 par 1(b) of Revised Penal Code?
Held:
NO.
It is hornbook doctrine, however, that what determines the real nature and cause of the accusation against an accused
is the actual recital of facts stated in the information or complaint and not the caption or preamble of the information or complaint
nor the specification of the provision of law alleged to have been violated, they being conclusions of law. x x x. ( Emphasis
supplied) This doctrine negates the due process argument of the accused, because he was sufficiently apprised of the facts that
pertained
to
the
charge
and
conviction
for estafa.
The Revised Rules of Criminal Procedure provides that an information shall be deemed sufficient if it states, among others, the
designation of the offense given by the statute and the acts of omissions complained of as constituting the offense. However, the Court
has clarified in several cases that the designation of the offense, by making reference to the section or subsection of the statute
punishing, it [sic] is not controlling; what actually determines the nature and character of the crime charged are the facts
alleged in the information
Clearly, the fiscals statement in the Informations specifying the charges as estafa under Article 315, paragraph 1(b) of the
RPC, did not bind the trial court insofar as the characterization of the nature of the accusation was concerned. The statement never
limited the RTCs discretion to read the Information in the context of the facts alleged.
Every element of which the offense is composed must be alleged in the complaint or information by making reference to the
definition and the essentials of the specific crimes. This is so in order to fully apprise the accused of the charge against him and for him
to suitably prepare his defense since he is presumed to have no independent knowledge of the facts that constitute the offense. It is
not necessary, however, that the imputations be in the language of the statute. What is important is that the crime is described in
intelligible and reasonable certainty.
29) MANGILA v. PANGILINAN
Facts: Seven criminal complaints charging petitioner Anita Mangila and four others with syndicated estafa in violation of Article 315 of
the Revised Penal Code, in relation to Presidential Decree No. 1689,and with violations of Section 7(b) of Republic Act No. 8042
(Migrant Workers and Overseas Filipino Act of 1995) were filed. The complaints arose from the recruiting and promising of employment
by Mangila and the others to the private complainants as overseas contract workers in Toronto, Canada, and from the collection of visa
processing fees, membership fees and on-line application.
After examining Miguel Aaron Palayon, one of the complainants, Judge Pangilinan issued a warrant for the arrest of Mangila
and her cohorts without bail. the entire records of the cases,including the warrant of arrest, were transmitted to the City Prosecutor of
Puerto Princesa City for further proceedings. Mangila filed in the Court of Appeals (CA)a petition for habeas corpus to obtain her
release from detention. Her petition averred that the remedy of habeas corpus was available to her because she could no longer file a
motion to quash or a motion to recall the warrant of arrest considering that Judge Pangilinan had already forwarded the entire records
of the case to the City Prosecutor who had no authority to lift or recall the warrant. The CA denied the
petition for habeas corpus for its lack of merit
Issue:
W/N CA err in ruling that habeas corpus was not the proper remedy to obtain the release of Mangila from detention?
Held:
Their authority to conduct preliminary investigations shall include all crimes cognizable by the proper court in their respective
territorial jurisdictions. (2a)
Under Section 6(b) of Rule 112of the Revised Rules of Criminal Procedure, the investigating judge could issue a warrant of
arrest during the preliminary investigation even without awaiting its conclusion should he find after an examination in writing and under
oath of the complainant and the witnesses in the form of searching questions and answers that a probable cause existed, and that
there was a necessity of placing the respondent under immediate custody in order not to frustrate the ends of justice.1wphi1 In the
context of this rule, Judge Pangilinan issued the warrant of arrest against Mangila and her cohorts. Consequently, the CA properly
denied Mangilas petition for habeas corpus because she had been arrested and detained by virtue of the warrant issued for her arrest
by Judge Pangilinan, a judicial officer undeniably possessing the legal authority to do so.
ISSUE: Whether CA erred in finding accused Antiquera guilty beyond reasonable doubt of illegal possession of drug paraphernalia
based on the evidence of the police officers that they saw him and Cruz in the act of possessing drug paraphernalia?
HELD: YES.
Section 5(a), Rule 113 of the Rules of Criminal Procedure provides that a "peace officer or a private person may, without a
warrant, arrest a person when, in his presence, the person to be arrested has committed, is actually committing, or is attempting to
commit an offense." This is an arrest in flagrante delicto. The overt act constituting the crime is done in the presence or within the view
of the arresting officer.
But the circumstances here do not make out a case of arrest made in flagrante delicto.
1. The police officers claim that they were alerted when they saw two unidentified men suddenly rush out of 107 David Street, Pasay
City. Since they suspected that a crime had been committed, the natural thing for them to do was to give chase to the jeep that the two
fleeing men boarded, given that the officers were in a patrol car and a tricycle. Running after the fleeing suspects was the more urgent
task but the officers instead gave priority to the house even when they heard no cry for help from it.
2. Admittedly, the police officers did not notice anything amiss going on in the house from the street where they stood. Indeed, even as
they peeked through its partially opened door, they saw no activity that warranted their entering it.
Clearly, no crime was plainly exposed to the view of the arresting officers that authorized the arrest of accused Antiquera without
warrant under the above-mentioned rule. Considering that his arrest was illegal, the search and seizure that resulted from it was
likewise illegal. Consequently, the various drug paraphernalia that the police officers allegedly found in the house and seized are
inadmissible, having proceeded from an invalid search and seizure
The failure of the accused to object to the irregularity of his arrest by itself is not enough to sustain his conviction. A waiver of
an illegal warrantless arrest does not carry with it a waiver of the inadmissibility of evidence seized during the illegal warrantless arrest
When Henessy and the police entered the premises, they saw that Zaldy had been handcuffed to the vault. Zaldy informed the police
that the companys gunsmith, Rex Dorimon, was inside the firing range. The police entered the firing range, and saw the lifeless body of
Rex. Dr. Voltaire Nulud conducted an autopsy on the body of Rex, and found that the victim suffered several gunshot wounds on the
head, thorax and abdomen, caused by a .45 pistol.
NBI received an information from an asset that the group of Cachuela was involved in the robbery of WSC and in the killing of
one of its employees; and that Cachuela had been looking for prospective buyers of firearms. The NBI formed an entrapment team and
proceeded to Bacoor. NBI caught Ibanez and then Cachuela in a follow up operation, a certain nabiglas was instructed by cachuela and
Ibanez to look for certain buyers of the weapons was arrested and he implaceted cachuela, Ibanez and even zaldy
Prosecution filed an Information for robbery with homicide before the RTC against the appellants, Nabilgas and Zaldy,
docketed as Criminal Case No. 04-0943. The accused all pleaded not guilty on arraignment Trial on the merits ensued thereafter.
During trial, Zaldy died. The RTC found the appellants guilty beyond reasonable doubt of the special complex crime of robbery with
homicide. The CA ruled that the totality of these circumstances point to the appellants as the perpetrators of the special complex crime
of robbery with homicide. It disregarded the appellants defenses of alibi, denial and frame-up for being self-serving. The CA likewise
found unmeritorious the appellants argument that the firearms confiscated from them were inadmissible in evidence, pointing out that
the seizures were the result of lawful entrapment operations. It further held that the appellants failed to impute any ill or improper motive
against the police officers who conducted the entrapment operations.
Issue: Whether extra-judicial confession is admissible as evidence?
Held
No.
After a careful examination of the evidence on hand, the SC held that Nabilgas extrajudicial confession is inadmissible in
evidence. The Court has consistently held that an extrajudicial confession, to be admissible, must satisfy the following requirements:
(1) the confession must be voluntary; (2) it must be made with the assistance of a competent and independent counsel[,] preferably of
the confessants choice; (3) it must be express; and (4) it must be in writing
The records bear out that Nabilgas executed an extrajudicial confession at the NBI Main Office, where he implicated the appellants and
Zaldy in the crime charged. During trial, he repudiated this confession, and claimed that he had been tortured by the NBI agents, and
that he was forced to copy a previously prepared statement.
Nabilgas confession was not made with the assistance of a competent and independent counsel. The services of Atty. Melita
Go, the lawyer who acted in Nabilgas behalf, were provided by the very same agency investigating Nabilgas the NBI itself; she was
assigned the task despite Nabilgas open declaration to the agencys investigators that he already had a lawyer in the person of Atty.
Donardo Paglinawan. Atty. Paglinawan confirmed this fact when he stated that he was already representing Nabilgas at the time his
client made the alleged confession. Nabilgas also testified that Atty. Go did not disclose that she was a lawyer when she was called to
assist him; she merely represented herself to be a mere witness to the confession. There was also nothing in the records to show that
Atty. Go ascertained whether Nabilgas confession was made voluntarily, and whether he fully understood the nature and the
consequence of his extrajudicial confession and its impact on his constitutional rights.
In addition, the extrajudicial confession of Nabilgas was not corroborated by a witness who was present at the time the written
confession was made. We note in this regard that the prosecution did not present Atty. Go at the witness stand despite hints made
during the early stages of the trial that she would be presented.
At any rate, Nabilgas extrajudicial confession is inadmissible in evidence against the appellants in view of the res inter alios
acta rule. This rule provides that the rights of a party cannot be prejudiced by an act, declaration, or omission of another. Consequently,
an extrajudicial confession is binding only on the confessant and is not admissible against his or her co-accused because it is
considered as hearsay against them.
An exception to the res inter alios acta rule is an admission made by a conspirator under Section 30, Rule 130 of the Rules of
Court. This provision states that the act or declaration of a conspirator relating to the conspiracy, and during its existence, may be given
in evidence against the co-conspirator after the conspiracy is shown by evidence other than such act or declaration. Thus, in order that
the admission of a conspirator may be received against his or her co-conspirators, it is necessary that: (a) the conspiracy be first proved
by evidence other than the admission itself; (b) the admission relates to the common object; and (c) it has been made while the
declarant was engaged in carrying out the conspiracy.
This exception, however, does not apply in the present case since there was no other piece of evidence presented, aside from the
extrajudicial confession. Conspiracy cannot be presumed must be shown conclusively.
33. TANENGEE VS. PEOPLE
Gr 179448 2013
Facts: March 27, 1998, five separate Informations for estafa through falsification of commercial documents were filed against
Tenengee through falsification of commercial document:
By taking advantage of his position as such, prepared and filled up or caused to be prepared and filled up METROBANK
Promissory Note Form No. 366857 with letters and figures reading BD#083/97 after the letters reading PN, with figures
reading 07.24.97 after the word DATE, with the amount of P16,000,000.00 in words and in figures, and with other words
and figures now appearing thereon, typing or causing to be typed at the right bottom thereof the name reading ROMEO TAN,
feigning and forging or causing to be feigned and forged on top of said name the signature of Romeo Tan, affixing his own
signature at the left bottom thereof purportedly to show that he witnessed the alleged signing of the said note by Romeo Tan,
thereafter preparing and filling up or causing to be prepared and filled up METROBANK CASHIERS CHECK NO. CC
0000001531, a commercial document, with date reading July 24, 1997, with the name reading Romeo Tan as payee, and
with the sum of P15,362,666.67 in words and in figures, which purports to be the proceeds of the loan being obtained,
thereafter affixing his own signature thereon, and [directing] the unsuspecting bank cashier to also affix his signature on the
said check, as authorized signatories, and finally affixing, feigning and forging or causing to be affixed, feigned and forged four
(4) times at the back thereof the signature of said Romeo Tan, thereby making it appear, as it did appear that Romeo Tan had
participated in the [preparation], execution and signing of the said Promissory Note and the signing and endorsement of the
said METROBANK CASHIERS CHECK and that he obtained a loan of P16,000,000.00 from METROBANK, when in truth and
in fact, as the said accused well knew, such was not the case in that said Romeo Tan did not obtain such loan from
METROBANK, neither did he participate in the preparation, execution and signing of the said promissory note and signing and
endorsement of said METROBANK CASHIERS CHECK, much less authorize herein accused to prepare, execute and affix
his signature in the said documents; that once the said documents were forged and falsified in the manner above set forth, the
said accused released, obtained and received from the METROBANK the sum of P15,363,666.67 purportedly representing the
proceeds of the said loan, which amount, once in his possession, with intent to defraud, he misappropriated, misapplied and
converted to his own personal use and benefit, to the damage and prejudice of the said METROBANK in the same sum of
P15,363,666.67, Philippine currency.
RTC entered a plea of not guilty for the petitioner after he refused to enter a plea.
the RTC rendered a consolidated Decision dated June 25, 1999 finding petitioner guilty of the crimes charged . CA affirmed
Petitioners arguments While he admits signing a written statement, petitioner refutes the truth of the contents thereof and alleges that
he was only forced to sign the same without reading its contents. He asserts that said written statement was taken in violation of his
rights under Section 12, Article III of the Constitution, particularly of his right to remain silent, right to counsel, and right to be informed of
the first two rights. Hence, the same should not have been admitted in evidence against him.
Issue: Whether or not petitioners written statement is admissible as evidence.
Held:
Yes.
The right to counsel applies only to admissions made in a criminal investigation but not to those made in an administrative
investigation.
Here, petitioners written statement was given during an administrative inquiry conducted by his employer in connection with
an anomaly/irregularity he allegedly committed in the course of his employment. No error can therefore be attributed to the courts below
in admitting in evidence and in giving due consideration to petitioners written statement as there is no constitutional impediment to its
admissibility.
Petitioners written statement was given voluntarily, knowingly and intelligently. As the trial court noted, the written statement
(Exhibit N) of appellant is replete with details which could only be supplied by appellant. As the trial court noted, the written statement
(Exhibit N) of appellant is replete with details which could only be supplied by appellant
Appellant could only offer alibi and denial as his defenses. However, alibi and denial are weak defenses especially when
measured up against the positive identification made by the victim pointing to appellant as the malefactor. Besides, appellant failed to
prove that it was physically impossible for him to be at the crime scene at the time of its commission. Aside from claiming that he was at
Galas, Quezon City when the rape incident happened, he failed to submit any proof to show that it is physically impossible for him to be
at Sampaloc, Manila where and when the rape happened. Besides, appellants alibi crumbles in the face of his apprehension near the
scene of the crime immediately after "AAA" reported the incident to the police authorities.
35). LUZ v. PEOPLE
Facts: PO2 Emmanuel L. Alteza, who was then assigned at the Sub-Station 1 of the Naga City Police Station as a traffic enforcer,
saw the accused, who was coming from the direction of Panganiban Drive and going to Diversion Road, Naga City, driving a motorcycle
without a helmet; that this prompted him to flag down the accused for violating a municipal ordinance which requires all motorcycle
drivers to wear helmet (sic) while driving said motor vehicle\ that while he and SPO1 Rayford Brillante were issuing a citation ticket for
violation of municipal ordinance, he noticed that the accused was uneasy and kept on getting something from his jacket; that he was
alerted and so, he told the accused to take out the contents of the pocket of his jacket as the latter may have a weapon inside it; that
the accused obliged and slowly put out the contents of the pocket of his jacket which was a nickel-like tin or metal container about two
(2) to three (3) inches in size, including two (2) cellphones, one (1) pair of scissors and one (1) Swiss knife; that upon seeing the said
container, he asked the accused to open it; that after the accused opened the container, he noticed a cartoon cover and something
beneath it; and that upon his instruction, the accused spilled out the contents of the container on the table which turned out to be four
(4) plastic sachets, the two (2) of which were empty while the other two (2) contained suspected shabu.
Petitioner was convicted for violation of The Dangerous Drugs law. Petitioner claims that there was no lawful search and
seizure, because there was no lawful arrest. He claims that the finding that there was a lawful arrest was erroneous, since he was not
even issued a citation ticket or charged with violation of the city ordinance. Even assuming there was a valid arrest, he claims that he
had never consented to the search conducted upon him.
Issue: Whether or not there was no lawful search and seizure, because there was no lawful arrest.
Held:
No.
The Court finds the Petition to be impressed with merit, but not for the particular reasons alleged. In criminal cases, an appeal
throws the entire case wide open for review and the reviewing tribunal can correct errors, though unassigned in the appealed judgment,
or even reverse the trial courts decision based on grounds other than those that the parties raised as errors.
First, there was no valid arrest of petitioner. When he was flagged down for committing a traffic violation, he was not, ipso facto
and solely for this reason, arrested.
Arrest is the taking of a person into custody in order that he or she may be bound to answer for the commission of an offense.
It is effected by an actual restraint of the person to be arrested or by that persons voluntary submission to the custody of the one
making the arrest. Neither the application of actual force, manual touching of the body, or physical restraint, nor a formal declaration of
arrest, is required. It is enough that there be an intention on the part of one of the parties to arrest the other, and that there be an intent
on the part of the other to submit, under the belief and impression that submission is necessary.
Under R.A. 4136, or the Land Transportation and Traffic Code, the general procedure for dealing with a traffic violation is
not the arrest of the offender, but the confiscation of the drivers license of the latter;
Second, circumstances associated with the typical traffic stop are not such that the motorist feels completely at the mercy of the police.
To be sure, the aura of authority surrounding an armed, uniformed officer and the knowledge that the officer has some discretion in
deciding whether to issue a citation, in combination, exert some pressure on the detainee to respond to questions. But other aspects of
the situation substantially offset these forces. Perhaps most importantly, the typical traffic stop is public, at least to some degree.
In both of these respects, the usual traffic stop is more analogous to a so-called Terry stop, than to a formal arrest
Even if one were to work under the assumption that petitioner was deemed arrested upon being flagged down for a traffic
violation and while awaiting the issuance of his ticket, then the requirements for a valid arrest were not complied with.
This Court has held that at the time a person is arrested, it shall be the duty of the arresting officer to inform the latter of the
reason for the arrest and must show that person the warrant of arrest, if any. Persons shall be informed of their constitutional rights to
remain silent and to counsel, and that any statement they might make could be used against them. It may also be noted that in this
case, these constitutional requirements were complied with by the police officers only after petitioner had been arrested for illegal
possession of dangerous drugs.
If it were true that petitioner was already deemed arrested when he was flagged down for a traffic violation and while
he waiting for his ticket, then there would have been no need for him to be arrested for a second time after the police officers
allegedly discovered the drugs as he was already in their custody.
Second, there being no valid arrest, the warrantless search that resulted from it was likewise illegal.
The following are the instances when a warrantless search is allowed: (i) a warrantless search incidental to a lawful arrest; (ii)
search of evidence in plain view; (iii) search of a moving vehicle; (iv) consented warrantless search; (v) customs search; (vi) a stop
and frisk search; and (vii) exigent and emergency circumstances. None of the above-mentioned instances, especially a search incident
to a lawful arrest, are applicable to this case.
It must be noted that the evidence seized, although alleged to be inadvertently discovered, was not in plain view. It was actually
concealed inside a metal container inside petitioners pocket. Clearly, the evidence was not immediately apparent.
Neither was there a consented warrantless search.
Neither does the search qualify under the stop and frisk rule. While the rule normally applies when a police officer observes
suspicious or unusual conduct, which may lead him to believe that a criminal act may be afoot, the stop and frisk is merely a limited
protective search of outer clothing for weapons.
The foregoing considered, petitioner must be acquitted. While he may have failed to object to the illegality of his arrest
at the earliest opportunity, a waiver of an illegal warrantless arrest does not, however, mean a waiver of the inadmissibility of
evidence seized during the illegal warrantless arrest.
The Constitution guarantees the right of the people to be secure in their persons, houses, papers and effects against unreasonable
searches and seizures. Any evidence obtained in violation of said right shall be inadmissible for any purpose in any
proceeding. While the power to search and seize may at times be necessary to the public welfare, still it must be exercised
and the law implemented without contravening the constitutional rights of citizens, for the enforcement of no statute is of
sufficient importance to justify indifference to the basic principles of government.
The subject items seized during the illegal arrest are inadmissible. The drugs are the very corpus delicti of the crime of illegal
possession of dangerous drugs. Thus, their inadmissibility precludes conviction and calls for the acquittal of the accused.
36.) UY v. JAVELLANA
Facts: This administrative case arose from a verifled complaint for "gross ignorance of the law and procedures, gross incompetence,
neglect of duty, conduct improper and unbecoming of a judge, grave misconduct and others," filed by Public Attorneys Cierlie M. Uy
(Uy) and Ma. Consolacion T. Bascug (Bascug) of the Public Attorneys Office (PAO), La Carlotta District, against Presiding Judge Erwin
B. Javellana (Javellana) of the Municipal Trial Court (MTC), La Castellana, Negros Occidental.
Public Attorneys Uy and Bascug alleged that first, Judge Javellana was grossly ignorant of the Revised Rule on Summary
Procedure. Second, Judge Javellana gave the impression that he was a co-agent in a surety company with a certain Leilani Lani
Manunag (Manunag). Judge Javellana had conveyed to the public on several occasions that Manunag was in a special position to
influence him in granting provisional liberty to the accused. Third, Judge Javellana violated Section 6(b), Rule 112 of the Revised Rules
of Criminal Procedure and issued warrants of arrest without propounding searching questions to the complainants and their witnesses
to determine the necessity of placing the accused under immediate custody. As a result, Judge Javellana issued warrants of arrest even
when the accused had already voluntarily surrendered or when a warrantless arrest had been effected.
Fourth, Judge Javellana failed to observe the constitutional rights of the accused as stated in Section 12(1), Article III of the
Constitution. Fifth, Judge Javellana was habitually tardy. Sixth, Judge Javellana whimsically or inconsistently implemented laws and
rules depending on stature of the parties, persons accompanying the parties, lawyers of the parties, and his personal relations with the
parties/lawyers. Seventh, Judge Javellana also adopted the mantra that the litigants are made for the courts instead of courts for the
litigants. Eighth, Judge Javellana did not observe the proper procedure in airing his complaints against public attorneys.
Lastly, to support their complaint, Public Attorneys Uy and Bascug attached a hand-written note20 relating the observations of an
anonymous member of Judge Javellanas staff Public Attorneys Uy and Bascug prayed that Judge Javellana be removed from the
MTC of La Castellana. Judge Javellana discounted the allegations of Public Attorneys Uy and Bascug as baseless, untruthful,
intrigues, malicious and a harassment tending to intimidate [him].
Issue:
Held:
Without any showing that the accused in People v. Cornelio and People v. Lopez, et al. were charged with the special cases of
malicious mischief particularly described in Article 328 of the Revised Penal Code, then Article 329 of the same Code should be
applied.
Judge Javellanas issuance of a Warrant of Arrest for the accused in People v. Cornelio is in violation of Section 16 of the
Revised Rule on Summary Procedure, categorically stating that [t]he court shall not order the arrest of the accused except for failure to
appear whenever required. Judge Javellana never claimed that the accused failed to appear at any hearing. His justification that the
accused was wanted for the crime of attempted homicide, being tried in another case, Crim. Case No. 04-096, is totally unacceptable
and further indicative of his ignorance of law. People v. Cornelio, pending before Judge Javellanas court as Crim. Case No. 04-097, is
for malicious mischief, and is distinct and separate from Crim. Case No. 04-096, which is for attempted homicide, although both cases
involved the same accused.
In People v. Lopez, et al., Judge Javellana conducted a preliminary investigation even when it was not required or justified.36
The Revised Rule on Summary Procedure does not provide for a preliminary investigation prior to the filing of a criminal case under
said Rule.
The Court further agree with the OCA that Judge Javellana committed a blatant error in denying the Motion to Dismiss filed by
the accused in People v. Celeste, et al. and in insisting that said Motion was a prohibited pleading, even though the case was never
previously referred to the Lupong Tagapamayapa as required by Sections 18 and 19(a) of the Revised Rule on Summary Procedure.
CA rendered a Decision granting Lacsons petition on the ground of double jeopardy but on appeal to the SC, the latter
directed the RTC to try the case. It was re-raffled to branch 81 presided by Judge Yadao. Yadao in 2003 junked the murder case
against Lacson and other police officials for lack of probable cause. On March 3, 2004 the prosecution filed the present special civil
action of certiorari.
Issue: Whether or not Judge Yadao gravely abused her discretion when she dismissed the criminal actions on the ground of lack of
probable cause and barred the presentation of additional evidence in support of the prosecutions motion for reconsideration.
Held: The prosecution claims that Judge Yadao gravely abused her discretion when she set the motions for determination of probable
cause for hearing, deferred the issuance of warrants of arrest, and allowed the defense to mark its evidence and argue its case. The
prosecution stresses that under Section 6, Rule 112 of the Rules of Court Judge Yadaos duty was to determine probable cause for the
purpose of issuing the arrest warrants solely on the basis of the investigating prosecutors resolution as well as the informations and
their supporting documents. And, if she had some doubts as to the existence of probable cause, the rules required her to order the
investigating prosecutor to present additional evidence to support the finding of probable cause within five days from notice.
Rather than take limited action, said the prosecution, Judge Yadao dug up and adopted the Ombudsmans findings when the latter
conducted its preliminary investigation of the crime of robbery in 1996. Judge Yadao gave weight to the affidavits submitted in that
earlier preliminary investigation when such documents are proper for presentation during the trial of the cases. The prosecution added
that the affidavits of P/S Insp. Abelardo Ramos and SPO1 Wilmor B. Medes reasonably explained the prior inconsistent affidavits they
submitted before the Ombudsman.
The general rule of course is that the judge is not required, when determining probable cause for the issuance of warrants of
arrests, to conduct a de novo hearing. The judge only needs to personally review the initial determination of the prosecutor finding a
probable cause to see if it is supported by substantial evidence.
But here, the prosecution conceded that their own witnesses tried to explain in their new affidavits the inconsistent statements that they
earlier submitted to the Office of the Ombudsman. Consequently, it was not unreasonable for Judge Yadao, for the purpose of
determining probable cause based on those affidavits, to hold a hearing and examine the inconsistent statements and related
documents that the witnesses themselves brought up and were part of the records. Besides, she received no new evidence from the
respondents.
39.) PEOPLE VS GODOFREDO MARIANO
Facts: Regional Trial Comt of Sorsogon City, Branch 65 found Godofredo guilty of the crimes of illegal sale of shabu and illegal
possession of drug paraphernalia, and Allan Doringo y Gunan3 (Allan) guilty of the illegal sale of shabu. He did then and there, willfully,
unlawfully and feloniously sell, deliver, dispose, distribute and/or give away for value two (2) transparent plastic sachets containing
methamphetamine hydrochloride locally known as Shabu, a prohibited drugs (sic), containing 0.5680 gram to a poseur-buyer in
exchange of One Thousand Peso Bill.
SPO1 Goez produced the marked money consisting of one (1) One Thousand Peso bill and six (6) One Hundred Peso bills.
PO1 Olleres placed his initials on the marked bills.8 On 17 October 2004, the team conducted a buy-bust operation in the house of a
certain Gerry Angustia located at Pier Uno, Zone 2, Bulan, Sorsogon. PO1 Olleres, PO3 Razo and the asset proceeded to the target
house and they witnessed an ongoing pot session. They looked for Galog and they were introduced to Godofredo. They asked
Godofredo if they can score. Godofredo immediately left the house and went to a street at the back of the house. He returned carrying
two (2) sachets of shabu, which he handed to PO1 Ollares. In exchange, PO1 Olleres paid him the One Thousand Peso marked bill.
Allan also offered PO3 Razo two (2) more sachets of shabu. The latter asked for the Six Hundred Peso marked bills from PO1 Olleres
and handed them to Allan as payment for the shabu. After these exchanges, they requested appellants for an actual test of shabu.
Godofredo provided them with a tooter and aluminum foil. While they were testing said shabu, they declared an arrest. PO1 Olleres and
PO3 Razo identified the appellants in open court.
Issue:
Held:
Appellants insistence on the illegality of their warrantless arrest equally lacks merit. Section 5, Rule 113 of the Rules of Court
allows a warrantless arrest under any of the following circumstances:
Sec 5. Arrest without warrant, when lawful A peace officer or a private person may, without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;
(b) When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested has committed it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final
judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.
In the instant case, the warrantless arrest was effected under the first mode or aptly termed as in flagrante delicto. PO1 Olleres and
PO3 Razo personally witnessed and were in fact participants to the buy-bust operation. After laboratory examination, the white
crystalline substances placed inside the four (4) separate plastic sachets were found positive for methamphetamine hydrochloride or
shabu, a dangerous drug. Under these circumstances, it is beyond doubt that appellants were arrested in flagrante delicto while
committing a crime, in full view of the arresting team.