Professional Documents
Culture Documents
CRIMPRO 113 Arrest
CRIMPRO 113 Arrest
CRIMINAL PROCEDURE (Methylamphetamine Hydrochloride)
o Accused replied yes and asked how many will he buy
RULE 113: ARREST o Buyer‐police handed the Php 200 marked money
o Accused , in return, handed a plastic sachet containing white crystalline
substance
1. People v. De Leon (DU) Buyer‐police then scratched his head to give the “go” signal for the arrest
They arrested the accused, recovered the two Php 100 bills with “NM”
People of the Philippines vs. Rodante De Leon y Dela Rosa (accused appellant) When the accused was frisked, police recovered another plastic sachet on the
GR 186471 January 25, 2010 Velasco Jr., J. Third Division person of the former
Tags: arrest, buy bust operation, procedure for arresting a person illegal selling/
possession of prohibited drugs, elements for such crime; RA 9165 The Post Buy‐bust operation
Accused was brought to the police station for investigation
Summary: Buyer‐police placed his initials on the sachets
De Leon was arrested for illegal possession and illegal sale of prohibited drugs Evidence was turned over to police investigator PO1 Estrelles who prepared a
through a buy‐bust operation. In that operation, an undercover police asked de leon request for its laboratory examination
about the drugs. De Leon entertained the police and sold him Php200 worth of The sachets were then brought to the PNP crime lab which tested positive for
shabu. After which he was immediately arrested. RTC and CA convicted him of both Shabu
offenses, SC affirmed CA. Facts – defense version (not important)
SC said that with the testimony of the undercover police, prosecution was able to Basically accused said that he knew the policemen who arrested him and that
prove the elements of the crime of illegal sale of prohibited drugs ‐ that the accused they held a grudge against him thus they planted the shabu
sold and delivered a prohibited drug to another; and he knew that what he had sold
and delivered was a prohibited drug. Case:
De Leon was also guilty of illegal possession, since he was caught in flagrante delicto Accused was then charged with illegal possession and illegal selling of
which raises the presumption of animus possidendi (one of the elements of such dangerous drugs
crime). Here he was not able to present sufficient evidence to defeat such the information:
presumption. Criminal Case No. Q‐03‐122555
SC also said it is important that the chain of custody of the drugs should not be (Violation of Section 5 [Sale], Article II of RA 9165)
broken. In this case, it was not broken. There was substantial performance with the That on or about the 9th day of November, 2003, in the Quezon City, Philippines,
implementing rules and regulation of RA 9165 when the police immediately arrested the said accused, not being authorized by law, to sell, dispense, deliver, transport
the accused, took him to the police station, marked the recovered drugs and or distribute of any dangerous drug, did, then and there, wilfully and unlawfully
submitted them immediately for testing. sell, dispense, deliver, transport, distribute or act as broker in the said transaction
zero point sixteen (0.16) gram of methamphetamine hydrochloride a dangerous
Facts: drug.
Pre‐ buy‐bust operation 3
Contrary to law.
November 9, 2003, 5:00pm, a confidential informant informed the Novaliches Criminal Case No. Q‐03‐122556
Police that De Leon (accused) was illegally selling prohibited drugs (Violation of Section 11 [Possession], Article II of RA 9165)
A team was formed for a buy‐bust operation That on or about the 9th day of November, 2003, in the Quezon City, Philippines,
o PO2 Magcalayo as poseur‐buyer (Buyer‐police) and Senior Police Officer the said accused, not being authorized by law, to possess or use any dangerous
3 (SPO3) Mario Concepcion, PO2 Fernando Salonga, PO2 Cesar Collado, drug, did, then and there, wilfully, unlawfully and knowingly have in his/her
PO2 Edmund Paculdar, and PO1 Emeterio Mendoza as team members. possession and control zero point eighteen (0.18) gram of methamphetamine
o Two (2) pieces of Php 100 bills were given to the buyer‐police, and the hydrochloride, a dangerous drug.
latter placed his initials “NM” on each of the bills to mark them. Contrary to law.
4
The Buy‐Bust Operation Quezon City RTC branch 82 convicted accused which the CA affirmed
6:30pm, the team proceeded to Brgy Sta Monica o Thus accused appealed to SC
The informant introduced the accused to the buyer‐police ISSUE: Appellant assigns the following errors:
1
I. The trial court gravely erred in ignoring the fact that the prosecution failed the fact that the substance bought during the buy‐bust operation is the same
to prove the chain of custody of the alleged confiscated items from the substance offered in court should be established
accused‐appellant. Sec 21, Implementing rules of RA 9165 (see below), which describes the
II. The trial court gravely erred in finding the accused‐appellant guilty of the procedure for the chain of custody, provides that the implementing rules need
crimes charged despite the failure of the prosecution to prove his guilt not be followed strictly
beyond reasonable doubt. What is essential is the preservation of the integrity and the evidentiary value
HELD: NO; conviction affirmed of the seized item
WHEREFORE, the appeal is DENIED. The CA’s Decision in CA‐G.R. CR‐H.C. No. 01811 There was substantial compliance (chain of custody not broken)
finding appellant Rodante De Leon y Dela Rosa guilty of the crimes charged is o After seizure of drugs, and marked money, accused was immediately
AFFIRMED. arrested
RATIO: o Brought to the station for investigation
RE: Facts: o Sachets were marked with “NM”
It is a fundamental rule that findings of the trial court which are factual in o Immediately submitted the sachets to the lab for testing
nature and which involve the credibility of witnesses are accorded with Implementing rules and regulations of RA 9165 sec 21 (relevant portions –
respect, when no glaring errors, gross misapprehension of facts, and summarized)
speculative, arbitrary, and unsupported conclusions can be gathered from such provides that PDEA shall take charge and have custody of all dangerous drugs
findings. after apprehension, the apprehending officer must conduct physically
Crime of Illegal sale of prohibited drugs inventory and photograph the drugs in the presence of
Essential elements (People v Pendatun) o the accused/ his representatives,
1) the accused sold and delivered a prohibited drug to another; o “representative from the media and the Department of Justice (DOJ), and
and o any elected public official
2) he knew that what he had sold and delivered was a prohibited o who shall be required to sign the copies of the inventory and be given a
drug copy thereof”
what is material is the proof that the transaction or sale actually took place, place where inventory and photograph to be conducted
coupled with the presentation in court of evidence of the corpus delicti. o with warrant – “at the place where the search warrant is served”;
Corpus delicti o warrantless – “at the nearest police station or at the nearest office of the
o the body or substance of the crime, and establishes the fact that a crime apprehending officer/team, whichever is practicable”
has actually been committed Exception:
o Elements o “Provided, further, that non‐compliance with these requirements under
1) proof of the occurrence of a certain event; and justifiable grounds, as long as the integrity and evidentiary value of the
2) some person’s criminal responsibility for the act seized items are properly preserved by the apprehending officer/team,
In the instant case, the prosecution sufficiently established the elements of the shall not render void and invalid such seizures of and custody over said
crime. items“
o Appellant sold and delivered the shabu for PhP 200 to the buyer‐police Illegal possession
(PO2 Magcalayo) Essential Elements
o the said drug was seized and identified as a prohibited drug and o that the accused is in possession of the object identified as a prohibited or
subsequently presented in evidence regulatory drug;
o there was actual exchange of the marked money and contraband o that such possession is not authorized by law; and
o appellant was fully aware that he was selling and delivering a prohibited o that the accused freely and consciously possessed the said drug (animus
drug possidendi)
o “I asked [the accused]sir if he has shabu and then he answered yes and accused was caught in actual possession of the prohibited drugs without
magkano” (PO2 Magcalayo’s, the buyer‐police, testimony) showing any proof that he was duly authorized by law to possess them
Chain of custody Having been caught in flagrante delicto, there is prima facie evidence of animus
It is elementary that, in every prosecution for the illegal sale of prohibited possidendi on accused part
drugs, the presentation of the drug as evidence in court is material. accused failed to present any evidence to rebut his animus possidendi of the
It is, therefore, essential that the identity of the prohibited drug be established shabu found in his pocket during the buy‐bust operation
beyond doubt
2
Buy‐Bust Operation • December 6, 1996. Accused rested its case and upon motion, Wang had 25
is a form of entrapment whereby ways and means are resorted to for the days to file his Demurrer to Evidence
purpose of trapping and capturing the lawbreakers in the execution of their • December 19, 1996. Prosecution manifested that they rested its case only in so
criminal plan far as the charge for the violation of the Dangerous Drugs Act.
proved to be an effective method of apprehending drug peddlers, provided due • January 9, 1997, Wang filed his Demurrer to Evidence, praying for acquittal and
regard to constitutional and legal safeguards is undertaken dismissal for lack of a valid arrest and search warrant and the inadmissibility of
In the case at bar, the evidence clearly shows that the buy‐bust operation the evidence against him.
conducted by the police officers, who made use of entrapment to capture • January 20, 1997 Wang filed an amplification to his Demurrer for the failure of
appellant in the act of selling a dangerous drug, was valid and legal. the prosecution to file an Opposition.
Absent any proof of motive to falsely accuse appellant of such a grave offense, • February 12, 1997 prosecution filed its Opposition and said that it was a valid
the presumption of regularity in the performance of official duty and the search incident to a lawful arrest and that it has proven its case and that it was
findings of the trial court with respect to the credibility of witnesses shall time for the defense to present its own evidence.
prevail over appellant’s bare allegation • March 13, 1997 Respondent Judge Laguio issued the resolution on Wang’s
Demurrer to Evidence and ACQUITTED him of all charges for lack of evidence.
2. People v. Laguio (JAG) • People, throught the Solicitor General, filed a PETITION FOR REVIEW ON
PEOPLE OF THE PHILIPPINES, petitioner vs. HON.PERFECTO A.S. LAGUIO, JR., in his CERTIORARI to nullify and set aside the decision of Judge Laguio (Note: Since
capacity as Presiding Judge, Branch 18, RTC, Manila, and LAWRENCE WANG Y CHEN this is a pure question of law, Petition goes directly to the Supreme Court)
Antecedent Facts: Issues:
• 16 May 1996 (7pm) police operatives of the Public Assistance and Reaction 1. Whether the prosecution may appeal the trial court’s resolution granting
Wang’s demurrer to evidence and acquitting him of all charges against him
Against Crime (PARAC) arrested SPO2 Vergel De Dios, Rogelio Anoble and a
certain Arrelano for unlawful possession of SHABU. without violating the constitutional proscription against double jeopardy.
2. Whether there was a lawful arrest, search and seizure by the police
• In the course of the investigation, the arrested persons identified Redentor
operatives in this case despite the absence of a warrant of arrest and/or
Teck and Joseph Junio as the source of the drug.
search warrant..
• (11pm) The police operatives conducted an entrapment operation against Teck
and Junio. They were arrested while they were trying to hand over a bag of
Held:
shabu to SPO2 De Dios and company.
Issue I. (Brace yourselves, the resolution in this one is long.)
• Questioned, Teck and Junio admitted that they were both working for
Emphasis: Case filed directly to SC via a petition for review on certiorari, under rule
Lawrence Wang. They also disclosed that they knew of a scheduled delivery of
45 in relation to rule 31, sec 2 paragraph (c) of the Rules of Court raising only pure
shabu early the following day and that they can find Lawrence Wang at the
questions of law. (Ordinary appeal by mere filing notice to appeal is not allowed if
Maria Orosa Apartment in Manila.
appeal is made directly to the SC)
• The following day, the police saw Wang come out of the Apartment and walked
‐Appeal is neither a natural right nor a part of due process; it is a statutory privilege
towards a parked BMW car. They approached him, asked if he was Lawrence
and may be exercised only in the manner provided by law.
Wang and upon confirmation immediately frisked him and asked him to open
General Rule: Appeal may be filed by ANY party . (Section 2, Rule 122 RoC)
the back compartment of the car.
Exception: “People” (People as in People vs. Laguio for example) is not allowed to
• When they frisked him, they found in his right pocket an unlicensed AMT appeal because it subjects the accused to double jeopardy.
Cal.380 9mm Back‐up Pistol loaded with ammunitions. Ratio for the Prohibition:
• They found in his car, a) 32 bags of shabu with a total weight of 29.241 kilos. Finality of Acquittal Doctrine ‐ Appeal in criminal cases throws the case wide open
B)P650,000 in cash. c) unlicensed Daewoo 9mm pistol. for review by the appellate court. That is why appeal from a judgment of an
• Then and there, Wang resisted the warrantless arrest and search. acquittal would necessarily put the accused in double jeopardy. (Demurrer to
• 3 Separate informations were filed against Wang. 1) Violation of Dangerous evidence is a resolution on the merits and it amounts to an acquittal)
Drugs Act 2)Illegal Possession of Firearms and 3)Violation of COMELEC Gun Ban Exception to the Exception: (NO DOUBLE JEOPARDY in assailing judgment
• During his arraignment, accused refused to enter a plea to all informations and of acquittal in a criminal case)
instead interposed a continuing objection to the admissibility of the evidence 1. Prosecution which represents the sovereign people is denied due process of
presented by the police operatives. The trial court ordered that a plea of “NOT law ‐ Prosecution is deprived of a fair opportunity to prosecute and prove its
GUILTY” is entered for him. case because of a sham trial.
3
Ex. Aquino‐Galman Murder Case, instead of court within fifteen days from the notice of judgment or final order, or of the denial
martial as provided in the law the case was tried in the of the petitioner’s motion for new trial or motion for reconsideration.
Sandiganbayan which was “pre‐selected” by the • On the other hand, a petition for certiorari should be filed not later than sixty
Executive dept. (Marcos) instead of the court martial. days from the notice of judgment, order, or resolution. If a motion for new trial
This considered a sham trial which was eventually or motion for reconsideration was timely filed, the period shall be counted
voided because it was found that there was criminal from the denial of the motion.
collusion in the handling of the case.
2. When the trial court commits grave abuse of discretion in dismissing a criminal As to the Need for a Motion for Reconsideration
amounting to lack or excess of jurisdiction or denial of due process, thus • A motion for reconsideration is generally required prior to the filing of a
rendering the assailed judgment void. petition for certiorari, in order to afford the tribunal an opportunity to correct
the alleged errors. Note also that this motion is a plain and adequate remedy
Appeal and Certiorari Distinguished expressly available under the law. Such motion is not required before appealing
As to the Purpose a judgment or final order.
• Certiorari ‐ it is a remedy designed for the correction of errors of jurisdiction,
not errors of judgment. • Also in Madrigal, we stressed that the special civil action of certiorari and
• Appeal ‐ Where the error is not one of jurisdiction, but of an error of law appeal are two different remedies mutually exclusive; they are neither
or fact ‐‐ a mistake of judgment ‐‐ appeal is the remedy. alternative nor successive. Where appeal is available, certiorari will not
prosper. In the dismissal of a criminal case upon demurrer to evidence, appeal
As to the Manner of Filing is not available as such an appeal will put the accused in double jeopardy.
• Over an appeal, the CA exercises its appellate jurisdiction and power of review. Certiorari, however, is allowed.
It is thus a continuation of the original suit. The parties to an appeal are the • For being the wrong remedy taken by petitioner People of the Philippines in
original parties to the action. this case, this petition is outrightly dismissible. The Court cannot reverse the
• Over a certiorari, the higher court uses its original jurisdiction in accordance assailed dismissal order of the trial court by appeal without violating private
with its power of control and supervision over the proceedings of lower courts. respondent’s right against double jeopardy.
It is an original and independent action that was not part of the trial that had
resulted in the rendition of the judgment or order complained of. The parties Issue 2
to a petition for certiorari are the aggrieved party (who thereby becomes the • There is no question that warrantless search may be conducted as an incident
petitioner) against the lower court or quasi‐judicial agency, and the prevailing to a valid warrantless arrest. The law requires that there be first a lawful arrest
parties (the public and the private respondents, respectively). before a search can be made; the process cannot be reversed. However, if
there are valid reasons to conduct lawful search and seizure which thereafter
As to the Subject Matter shows that the accused is currently committing a crime, the accused may be
• Only judgments or final orders and those that the Rules of Court so declared lawfully arrested in flagrante delicto without need for a warrant of arrest.
are appealable. • Ruling of the Trial Court: Finding that the warrantless arrest preceded the
• Since the issue is jurisdiction, an original action for certiorari may be directed warrantless search in the case at bar, the trial court granted private
against an interlocutory order of the lower court prior to an appeal from the respondent's demurrer to evidence and acquitted him of all the three charges
judgment; or where there is no appeal or any plain, speedy or adequate for lack of evidence, because the unlawful arrest resulted in the inadmissibility
remedy. of the evidence gathered from an invalid warrantless search. They ruled that
the arrest will not fall under Sec. 5 Rule 113 of the Rules of Court (warrantless
As to the Period of Filing arrests)
• Ordinary appeals should be filed within fifteen days from the notice of
judgment or final order appealed from. Where a record on appeal is required, RULING OF THE SC:
the appellant must file a notice of appeal and a record on appeal within thirty • The People now contends that the warrantless search preceded the
days from the said notice of judgment or final order. A petition for review warrantless arrest.
should be filed and served within fifteen days from the notice of denial of the o The conflicting versions as to whether the arrest preceded the search or
decision, or of the petitioner’s timely filed motion for new trial or motion for vice versa, is a matter of credibility of evidence.
reconsideration. In an appeal by certiorari, the petition should be filed also o It entails appreciation of evidence, which may be done in an appeal of a
criminal case because the entire case is thrown open for review, but not in
4
the case of a petition for certiorari where the factual findings of the trial declaration that there will be a delivery of shabu on the early morning of the
court are binding upon the Court. Since a dismissal order consequent to a following day, May 17, which is only a few hours thereafter, and that Wang
demurrer to evidence is not subject to appeal and reviewable only by may be found in Maria Orosa Apartment along Maria Orosa Street, the
certiorari, the factual finding that the arrest preceded the search is arresting officers conducted "surveillance" operation in front of said
conclusive upon this Court. The only legal basis for this Court to possibly apartment, hoping to find a person which will match the description of one
reverse and set aside the dismissal order of the trial court upon demurrer Lawrence Wang, the employer of Teck and Junio. These circumstances do not
to evidence would be if the trial court committed grave abuse of sufficiently establish the existence of probable cause based on personal
discretion in excess of jurisdiction when it ruled that there was no legal knowledge as required in paragraph (b) of Section 5.
basis to lawfully effect a warrantless arrest. • And doubtless, the warrantless arrest does not fall under paragraph (c) of
Section 5.
The Arrest (Not a valid warrantless arrest) • The inevitable conclusion, as correctly made by the trial court, is that the
Sec. 5. Arrest without warrant; when lawful. ‐ A peace officer or a private person warrantless arrest was illegal. Ipso jure, the warrantless search incidental to
may, without a warrant, arrest a person: the illegal arrest is likewise unlawful.
a) When, in his presence, the person to be arrested has committed, is actually • In People v. Aminnudin the Court declared as inadmissible in evidence the
committing, or is attempting to commit an offense; marijuana found in appellant’s possession during a search without a warrant,
b) When an offense has just been committed, and he has probable cause to believe because it had been illegally seized, in disregard of the Bill of Rights:
based on personal knowledge of facts or circumstances that the person to be o In the case at bar, the accused‐appellant was not, at the moment of his
arrested has committed it; and arrest, committing a crime nor was it shown that he was about to do so or
c) When the person to be arrested is a prisoner who has escaped from a penal that he had just done so. What he was doing was descending the
establishment or place where he is serving final judgment or is temporarily confined gangplank of the M/V Wilcon 9 and there was no outward indication that
while his case is pending, or has escaped while being transferred from one called for his arrest. To all appearances, he was like any of the other
confinement to another. passengers innocently disembarking from the vessel. It was only when the
informer pointed to him as the carrier of the marijuana that he suddenly
• For a warrantless arrest of an accused caught in flagrante delicto under became a suspect and so subject to apprehension. It was the fugitive
paragraph (a) of Section 5 to be valid, two requisites must concur: (1) the finger that triggered his arrest.
person to be arrested must execute an overt act indicating that he has just
• The People’s contention that Wang waived his right against unreasonable
committed, is actually committing, or is attempting to commit a crime; and (2)
search and seizure has no factual basis. While we agree in principle that
such overt act is done in the presence or within the view of the arresting consent will validate an otherwise illegal search, however, based on the
officer. wphi1.nét evidence on record, Wang resisted his arrest and the search on his person and
• The facts and circumstances surrounding the present case did not manifest any belongings. The implied acquiescence to the search, if there was any, could not
suspicious behavior on the part of private respondent Lawrence Wang that have been more than mere passive conformity given under intimidating or
would reasonably invite the attention of the police. He was merely walking coercive circumstances and is thus considered no consent at all within the
from the Maria Orosa Apartment and was about to enter the parked BMW car purview of the constitutional guarantee. Moreover, the continuing objection to
when the police operatives arrested him, frisked and searched his person and the validity of the warrantless arrest made of record during the arraignment
commanded him to open the compartment of the car, which was later on bolsters Wang’s claim that he resisted the warrantless arrest and search.
found to be owned by his friend, David Lee. He was not committing any visible
offense then. Therefore, there can be no valid warrantless arrest in flagrante
delicto under paragraph (a) of Section 5. It is settled that "reliable information" 3. Valdez v. People (JG)
alone, absent any overt act indicative of a felonious enterprise in the presence November 23, 2007
and within the view of the arresting officers, is not sufficient to constitute Tinga, J.
probable cause that would justify an in flagrante delicto arrest.
• Neither may the warrantless arrest be justified under paragraph (b) of Section RECIT‐READY VERSION:
5. What is clearly established from the testimonies of the arresting officers is Petitioner Valdez was charged with violation of Section 11, par. 2(2) of R.A. No. 9165
that Wang was arrested mainly on the information that he was the employer (An Act Instituting The Comprehensive Dangerous Drugs Act of 2002). He pleaded
Teck and Junio who were previously arrested and charged for illegal transport not guilty. Three barangay tanods were presented by the prosecution, namely
of shabu. Teck and Junio did not even categorically identify Wang to be their Bautista, Aranas, and Ordoño. They testified that during their routine patrol, Valdez
source of the shabu they were caught with in flagrante delicto. Upon the duo’s appeared suspicious while he was alighting from a bus and carrying a bag. When the
5
tanods approached Valdez, the latter attempted to run away, so they arrested him the contents of petitoner’s bag even before petitioner was taken to the house
and brought him to the house of the barangay captain, where he was ordered to of Mercado, and in the house of Mercado, it was petitioner himself who
open his bag containing dried marijuana leaves wrapped in newspaper and brought out the contents thereof. For his part, Ordoño testified that Mercado
cellophane. Then, he was taken to the police station for further investigation. The ordered him to open petitioner’s bag.
issue is whether or not the warrantless arrest effected against petitioner Valdez by • Police Inspector Laya, the forensic chemist who conducted the examination of
the barangay tanod was unlawful. The SC said it was unlawful since not one of the the marijuana, allegedly confiscated the marijuana. He said that he does not
circumstances mentioned in Sec. 5 Rule 113 was present at the time he was know how the marijuana was taken from petitioner nor does he know how it
arrested. Valdez was not committing an offense at the time he alighted from the reached the police officers.
bus, nor did he appear to be then committing an offense. The tanod did not have
probable cause to justify his warrantless arrest. HOWEVER, considering that Valdez Petitioner’s testimony:
did not object to the irregularity of his arrest before his arraignment and his active • Petitioner denied the charges against him. He claimed that after alighting the
participation in the trial, he is deemed to have submitted to the jurisdiction of the bus, he went to the house of a friend to drink water and then proceeded to
trial court, thereby curing any defect in his arrest. (Note: Petitioner was acquitted, walk to his brother’s house. Then, Ordoño, a cousin of his brother’s wife,
but unlawful arrest was not the basis. See other issues and ruling.) allegedly approached him and asked where he was going. Petitioner replied
that he was going to his brother’s house. Ordoño then requested to see the
contents of petitioner’s bag and the latter agreed. Then, Bautista and Aratas
FACTS: joined them. After inspecting all the contents of his bag, petitioner was
• On June 26, 2003, petitioner Arsenio Vergara Valdez was charged with violation arrested and Aratas carried his bag until they reached the house of Mercado.
of Section 11, par. 2(2) of R.A. No. 9165 in an Information: • Petitioner maintained that his bag was opened by Mercado and that the
marijuana leaves found were not his. He claimed that the tanods threatened to
th
That on or about the 17 day of March, 2003, in the put him to jail if he did not give the marijuana to someone from the east in
Municipality of Aringay, Province of La Union, Philippines and order for them to apprehend such person. As petitioner declined, he was
within the jurisdiction of this Honorable Court, the above‐named brought to the police station and charged with the instant offense.
accused, did then and thee willfully, unlawfully and feloniously
have in his possession, control and custody dried marijuana • RTC rendered judgment against petitioner sentenced him to suffer
leaves wrapped in a cellophane and newspaper page, weighing indeterminate imprisonment ranging from eight (8) years and one (1) day of
more or less twenty‐five (25) grams, without first securing the prision mayor medium as minimum to fifteen (15) years of reclusion temporal
necessary permit, license or prescription from the proper medium as maximum and ordered him to pay a fine of P350,000.
government agency. • Petitioner appealed to the CA, which affirmed the RTC. The CA ruled that there
CONTRARY TO LAW. was a presumption of regularity in favor of the barangay tanod and that it was
not necessary for the prosecution to establish the chain of custody of the
• On arraignment, petitioner pleaded not guilty. Thereafter, the prosecution seized marijuana.
presented 3 barangay tanods of San Benito Norte, Aringay, La Union, namely,
Rogelio Bautista, Nestor Aratas, and Eduardo Ordoño, who arrested the MAIN ISSUE:
petitioner. • Whether or not the warrantless arrest effected against petitioner by the
barangay tanod was unlawful.
Prosecution’s testimonies:
• Bautista testified that during the routine patrol with Aratas and Ordoño that RULING/RATIO:
night, they noticed petitioner Valdez, carrying a bag, alight from a mini bus. • YES. However, considering that petitioner did not object to the irregularity of
The petitioner appeared suspicious, so the tanods approached him, but he his arrest before his arraignment and his active participation in the trial,
attempted to run away. They arrested him and brought him to the house of petitioner is deemed to have submitted to the jurisdiction of the trial court,
Barangay Captain Orencio Mercado where he was ordered to open his bag. His thereby curing any defect in his arrest. The legality of an arrest affects only the
bag allegedly contained a pair of denim pants, eighteen pieces of eggplant and jurisdiction of the court over his person. Petitioner’s warrantless arrest
dried marijuana leaves wrapped in newspaper and cellophane. It was then that therefore cannot, in itself, be the basis of his acquittal.
petitioner was taken to the police station for further investigation. • Section 5, Rule 113 of the Rules on Criminal Procedure provides the only
• Aratas and Ordoño corroborated Bautista’s testimony on most material points. occasions on which a person may be arrested without a warrant, to wit:
On cross‐examination, however, Aratas admitted that he himself brought out
6
Section 5. Arrest without warrant; when lawful. A peace officer or a opening his bag when Ordoño asked to see its contents, his implied
private person may, without a warrant, arrest a person: acquiescence, if at all, could not have been more than mere passive conformity
(a) When, in his presence, the person to be arrested has committed, is given under coercive or intimidating circumstances and hence, is considered no
actually committing, or is attempting to commit an offense; consent at all within the contemplation of the constitutional guarantee. As a
(b) When an offense has just been committed and he has probable cause result, petitioner’s lack of objection to the search and seizure is not
to believe based on personal knowledge of facts or circumstances that the tantamount to a waiver of his constitutional right or a voluntary submission to
person to be arrested has committed it; and the warrantless search and seizure.
(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 (2) Whether or not the marijuana leaves purportedly seized from him
temporarily confined while his case is pending, or has escaped while being are inadmissible in evidence for being the fruit of a poisonous tree. ‐
transferred from one confinement to another. YES
• Not one of these circumstances was present at the time petitioner was • Despite petitioner’s waiver of his right to question his arrest, the marijuana
arrested. Petitioner was not committing an offense at the time he alighted leaves allegedly taken during the search cannot be admitted in evidence
from the bus, nor did he appear to be then committing an offense. against him as they were seized during an unlawful warrantless search. Also, a
The tanod did not have probable cause either to justify petitioner’s warrantless waiver of an illegal warrantless arrest does not mean a waiver of the
arrest. inadmissibility of evidence seized during an illegal warrantless arrest.
• For the exception in Section 5(a), Rule 113 to operate, two (2) elements must
be present: (1) the person to be arrested must execute an overt act indicating (3) Whether or not the petitioner is entitled to an acquittal for failure
that he has just committed, is actually committing, or is attempting to commit to prove his guilt beyond reasonable doubt. ‐YES
a crime; and (2) such overt act is done in the presence or within the view of the • Not only did the three tanods contradict each other on the matter of when
arresting officer. petitioner’s bag was opened, they also gave conflicting testimony on who
• Here, petitioner’s act of looking around after getting off the bus was but actually opened the same. Plainly, the prosecution neglected to establish the
natural as he was finding his way to his destination. That he purportedly crucial link in the chain of custody of the seized marijuana leaves from the time
attempted to run away as the tanod approached him is irrelevant and cannot they were first allegedly discovered until they were brought for examination by
by itself be construed as adequate to charge the tanod with personal Laya.
knowledge that petitioner had just engaged in, was actually engaging in or was • The onus of proving culpability in criminal indictment falls upon the State. Law
attempting to engage in criminal activity. More importantly, petitioner testified enforcers and public officers alike have the corollary duty to preserve the chain
that he did not run away but in fact spoke with the barangay tanod when they of custody over the seized drugs. The chain of evidence is constructed by
approached him proper exhibit handling, storage, labeling and recording, and must exist from
• Indeed, the supposed acts of petitioner, even assuming that they appeared the time the evidence is found until the time it is offered in evidence.
dubious, cannot be viewed as sufficient to incite suspicion of criminal activity • The presumption of regularity in the performance of official duty invoked by
enough to validate his warrantless arrest. the prosecution and relied upon by the courts a quo cannot by itself overcome
Note: Unlawful arrest was not the basis for petitioner’s acquittal. See other issues the presumption of innocence nor constitute proof of guilt beyond reasonable
and ruling. doubt.
• In this case, the totality of the evidence presented utterly fails to overcome the
OTHER ISSUES and RULING: presumption of innocence which petitioner enjoys. The failure of the
(1) Whether or not the warrantless search of his bag that followed was prosecution to prove all the elements of the offense beyond reasonable doubt
likewise contrary to law. ‐YES must perforce result in petitioner’s exoneration from criminal liability.
• When petitioner was arrested without a warrant, he was neither caught in
flagrante delicto committing a crime nor was the arrest effected in hot pursuit. WHEREFORE, the assailed Decision is REVERSED and SET ASIDE. Petitioner Arsenio
Verily, it cannot therefore be reasonably argued that the warrantless search Vergara Valdez is ACQUITTED on reasonable doubt. The Director of the Bureau of
conducted on petitioner was incidental to a lawful arrest. Corrections is directed to cause the immediate release of petitioner, unless the
• Petitioner was already under the coercive control of the public officials who latter is being lawfully held for another cause; and to inform the Court of the date of
had custody of him when the search of his bag was demanded. Moreover, the his release, or the reasons for his continued confinement, within ten (10) days from
prosecution failed to prove any specific statement as to how the consent was notice. No costs.
asked and how it was given, nor the specific words spoken by petitioner
indicating his alleged "consent." Even granting that petitioner admitted to
7
4. Rolito Go v. Court of Appeals (JT) because the accused did not execute and sign a waiver of the provisions of Article
J. Feliciano 125 of the Revised Penal Code.
[This was already digested by the province of Oducado for Consti 2. I just edited the On the same day, the counsel for petitioner filed a motion for immediate release
format because I am OC that way.] and proper preliminary investigation, alleging that the warrantless arrest of
petitioner was unlawful and that no preliminary investigation had been conducted
Petitioner: Rolito Go, who was charged with the murder of Eldon Maguan before the information was filed. Petitioner also prayed that he be released on
Respondent: Court of Appeals, Judge Benjamin Pelayo of Pasig RTC and the People recognizance or on bail.
of the Philippines
Thereafter, the trial court issued an order granting leave to conduct preliminary
Recit‐ready version: investigation and cancelling the arraignment until after the prosecution shall have
Accused‐appellant Rolito Go shot Maguan due to a traffic incident. Go, together concluded its preliminary investigation.
with two lawyers, voluntary surrendered when he learned that he was charged of
murder. He was immediately detained and denied of his right of a preliminary However, respondent Judge recalled the grant of bail and ordered the petitioner to
investigation unless he executes and signs a waiver of the provisions of Article 125 surrender within 48 hours. When the petitioner surrendered, the judge issued an
of the Revised Penal Code. order directing the provincial warden of Rizal to admit petitioner into his custody at
the Rizal Provincial Jail. Petitioner was arraigned on the same day.
Go filed an Omnibus Motion for immediate release on recognizance or on bail and
proper preliminary investigation on the ground that his warrantless arrest was The Court of Appeals denied petitioner’s motion to restrain the arraignment on the
unlawful and no preliminary investigation was conducted before the information ground that it has become moot and academic, stating the reason that the
was filed. RTC granted it but then it reversed its decision. CA then affirmed the warrantless arrest is valid since the crime has been “freshly committed.”
reversed decision.
Relevant Provisions:
The arrest of Go happened six days after the shooting incident and does not fall Rule 113 Sec. 5 [Rules of Court]:
within the exceptions for a warrantless arrest under Rule 113 Sec. 5 (a) and (b). Arrest without warrant; when lawful. — A peace officer or a private
Moreover, he did not admit guilt by surrendering, therefore there was no arrest. person may, without warrant, arrest a person:
Preliminary investigation, although statutory, is a substantial right. It can only be (a) When, in his presence, the person to be arrested has committed, is
waived if petitioner fails to invoke it before the pleas during arraignment. actually committing, or is attempting to commit an offense;
Facts: (b) When an offense has in fact just been committed, and he has
Eldon Maguan was driving his car in San Juan and nearly bumped the car of personal knowledge of facts indicating that the person to be
petitioner Rolito Go at the corner of Wilson and Abad Santos Streets. Go alighted arrested has committed it; and
from his car, walked over and shot Maguan inside his car. The next day, the police
returned to the scene of the shooting and was informed that petitioner had dined at (c) When the person to be arrested is a prisoner who has escaped from
Cravings “Bake Shop shortly before the shooting. The security guard of the said shop a penal establishment or place where he is serving final judgment or
identified Go as the shooter and the police conducted a manhunt. temporarily confined while his case is pending, or has escaped while
being transferred from one confinement to another.
On 8 July 1991, petitioner presented himself before the San Juan Police Station to
verify news reports that he was being hunted by the police. The police forthwith In cases falling under paragraphs (a) and (b) hereof, the person
detained him and an eyewitness positively identified petitioner as the gunman. arrested without a warrant shall be forthwith delivered to the
nearest police station or jail, and he shall be proceed against in
The police and the provincial prosecutor of Rizal (yes, provincial prosecutor) filed a accordance with Rule 112, Section 7.
frustrated murder case against the petitioner. Before the information was filed,
Maguan died and the prosecutor changed the charge to murder upon filing in the Rule 112, Sec. 7 [Rules of Court]:
RTC. The prosecutor certified that no preliminary investigation had been conducted When accused lawfully arrested without warrant. — When a person
is lawfully arrested without a warrant for an offense cognizable by
8
the Regional Trial Court the complaint or information may be filed A. The "arresting" officers obviously were not present within the
by the offended party, peace officer or fiscal without a preliminary meaning of Section 5(a) of Rule 113, at the time petitioner had
investigation having been first conducted, on the basis of the allegedly shot Maguan.
affidavit of the offended party or arresting office or person B. Neither could the "arrest" effected six days after the shooting be
reasonably regarded as effected "when [the shooting had] in fact just
However, before the filing of such complaint or information, the been committed" within the meaning of Section 5(b).
person arrested may ask for a preliminary investigation by a proper C. None of the "arresting" officers had any personal knowledge of such
officer in accordance with this Rule, but he must sign a waiver of the facts indicating that petitioner was the gunman who had shot
provisions of Article 125 of the Revised Penal Code, as amended, Maguan.
with the assistance of a lawyer and in case of non‐availability of a II. Petitioner was not arrested at all.
lawyer, a responsible person of his choice. Notwithstanding such A. When he walked into San Juan Police Station, accompanied by two
waiver, he may apply for bail as provided in the corresponding rule (2) lawyers, he placed himself at the disposal of the police
and the investigation must be terminated within fifteen (15) days authorities.
from its inception. B. He did not state that he was "surrendering" himself.
1. Probably to avoid the implication, he was admitting that he had
If the case has been filed in court without a preliminary investigation slain Eldon Maguan or that he was otherwise guilty of a crime.
having been first conducted, the accused may within five (5) days III. There should have been a preliminary investigation
from the time he learns of the filing of the information, ask for a A. When the police filed a complaint for frustrated homicide with the
preliminary investigation with the same right to adduce evidence in Prosecutor, the latter should have immediately scheduled a
his favor in the manner prescribed in this Rule. preliminary investigation to determine whether there was probable
cause.
Article 125 [Revised Penal Code]. B. Instead, the Prosecutor proceeded under erroneous suppositions—
Delay in the delivery of detained persons to the proper judicial 1. that Section 7 of Rule 112 was applicable, and
authorities. — The penalties provided in the next preceding article 2. that he had to require petitioner to waive the provisions of
shall be imposed upon the public officer or employee who shall Article 125 of the RPC as a condition for carrying out a
detain any person for some legal ground and shall fail to deliver such preliminary investigation.
person to the proper judicial authorities within the period of; twelve C. This was a substantive error, for petitioner was entitled to a
(12) hours, for crimes or offenses punishable by light penalties, or preliminary investigation.
their equivalent; eighteen (18) hours, for crimes or offenses 1. That right should have been accorded him without any
punishable by correctional penalties, or their equivalent and thirty‐ conditions.
six (36) hours, for crimes, or offenses punishable by afflictive or D. Since petitioner had not been arrested, either with or without a
capital penalties, or their equivalent. warrant, he was also entitled to be released forthwith, subject only to
his appearing at the preliminary investigation.
In every case, the person detained shall be informed of the cause of IV. The right to a preliminary investigation is a substantive right.
his detention and shall be allowed upon his request, to A. The right to an opportunity to avoid a process painful to anyone, save
communicate and confer at any time with his attorney or counsel. to hardened criminals, is a valuable right.
B. The right to have a preliminary investigation conducted before being
Issue: bound over to trial and hence formally at risk of incarceration or
1. WON the warrantless arrest is valid some other penalty, is not a mere formal or technical right.
2. WON petitioner waived his right in the preliminary investigation C. The accused in a criminal trial is inevitably exposed to prolonged
anxiety, aggravation, humiliation, not to speak of expense.
Held: Petition granted, CA and RTC decisions SET ASIDE. ORDERED the Prosecutor to
conduct a preliminary investigation and a trial be conducted after the investigation.
Ratio:
I. Go’s arrest cannot be considered to fall under Rule 113 Section 5.
9