PEOPLE VS DORIA

G.R. No. 125299 (301 SCRA 668)      JANUARY 22, 1999

TOPIC: ARBITRARY DETENTION

FACTS: In November 1995, members of PNP Narcotics Command (Narcom) received

information from two informants that one “Jun” (Doria) was engaged in illegal drug activities in
Mandaluyong City. The Narcom agents decided to entrap and arrest “Jun” in a buy-bust
operation and they formed Team Alpha designated by PO3 Manlangit as the poseur-buyer and
met with “Jun”. PO3 Manlangit handed the marked bills to “Jun” for 1 kilo of marijuana. Jun
appeared after an hour and took out a white plastic bag containing marijuana. They arrested
him but did not find the marked bills. Jun left the money to “Neneth”(Gaddao) and went to her
house and found 10 bricks of dried marijuana inside the box. They recovered the marked bills
and arrested Neneth.

ISSUE:  W/N the buy-bust operation in the apprehension of accused Doria is valid?

W/N the warrantless arrest and search of the person and house of accused Gaddao is
valid?

RULING: 1. YES. Accused-appellants were caught by the police in a buy-bust operation. A buy-
bust operation is a form of entrapment employed by peace officers as an effective way of
apprehending a criminal in the act of the commission of an offense. When an accused is
apprehended in flagrante delicto as a result of a buy-bust operation, the police are not only
authorized but duty-bound to arrest him even without a warrant.

2. Accused-appellant Gaddao was not caught red-handed during the buy-bust operation to
give ground for her arrest under Section 5 (a) of Rule 113. She was not committing any crime.
Contrary to the finding of the trial court, there was no occasion at all for appellant Gaddao to
flee from the policemen to justify her arrest in "hot pursuit." Neither could the arrest of
appellant Gaddao be justified under the second instance of Rule 113. "Personal knowledge" of
facts in arrests without warrant under Section 5 (b) of Rule 113 must be based upon "probable
cause" which means an "actual belief or reasonable grounds of suspicion."