People V. Olarte, G.R. No.

233209, March 11, 2019

Facts: PO2. Intud and PO 2 Monilar noticed a man walking towards LBC. He resembled
"Boy Solo" from CCTV  footages of past robberies. "Boy Solo" approached the
establishment and pulled out a firearm. They immediately run towards "Boy Solo" who
noticed them and ran away. Eventually, Herofil Olarte was arrested. They searched him
and recovered a pistol replica, a hand grenade.

According to Olarte, he’s in a jeepney when 2 persons approached and handcuffed him,
and brought him to Police Station. Another person came with a grenade and pistol
replica claiming it was found in his bag. 

RTC finds accused-appellant guilty. CA affirmed.

Olarte insists his warrantless arrest was illegal. They assumed he was "Boy Solo" based
on CCTV based on similarities of physical attributes.

ISSUES: WON the warrantless arrest is valid and the hand grenade seized from
accused-appellant is admissible in evidence.

RULING: The Court finds no reversible error in the CA's decision because the
warrantless arrest as well as the incidental search on the person of accused-appellant is
valid the amendment of the original information seeking the correction of a clerical
error regarding the model of the illegally possessed grenade is merely evidentiary in
nature and is not substantial to cause the invalidation of an amended information.