Abdula vs. Guiani G.R. No.: 118821, February 18, 2000, 326 SCRA 1 FACTS: The case involves a petition for certiorari and prohibition to set aside the warrant of arrest issued by Judge Japal M. Guiani of Branch 14 of the Regional Trial Court of Cotabato City. The petitioners, Mayor Bai Unggie D. Abdula and Odin Abdula, were charged with murder in Criminal Case No. 2376. The murder complaint alleged that the petitioners paid six other individuals for the death of a certain Abdul Dimalen, the former COMELEC Registrar of Kabuntalan, Maguindanao. Initially, the Provincial Prosecutor of Maguindanao dismissed the murder charges against the petitioners and five other respondents due to lack of prima facie evidence. However, a separate information for murder was filed against one of the respondents, Kasan Mama. Subsequently, the case was ordered to be returned to the Provincial Prosecutor for further investigation. After additional evidence was presented, the Provincial Prosecutor found a prima
People vs. Sucro
GR No. 93239 March 18, 1991
FACTS:
Roy Fulgencio was instructed by P/Lt. Vicente Seraspi, Jr. (Station Commander of the INP) to monitor the activities of appellant Edison Sucro, because of information gathered by Seraspi that Sucro was selling marijuana.
Pat. Fulgencio saw appellant enter the chapel, taking something which turned out later to be marijuana from the compartment of a cart found inside the chapel, and then return to the street where he handed the same to a buyer, Aldie Borromeo.
After a while appellant went back to the chapel and again came out with marijuana which he gave to a group of persons. Pat. Fulgencio called up Seraspi to report that a third buyer later Identified as Ronnie Macabante, was transacting with appellant.
At that point, the team of P/Lt. Seraspi proceeded to the area and while the police officers were at the Youth Hostel at Maagma St., Pat. Fulgencio told P/Lt. Seraspi to intercept Macabante and appellant.
Upon seeing the police, Macabante threw something to the ground which turned out to be a tea bag of marijuana.
When confronted, Macabante readily admitted that he bought the same from Sucro.
The police team was able to overtake and arrest appellant and recovered 19 sticks and 4 teabags of marijuana from the cart inside the chapel and another teabag from Macabante
ISSUES:
HELD:
The Court ruled in the affirmative.
Section 5, Rule 113 of the Rules on Criminal Procedure provides for the instances where arrest without warrant is considered lawful.
Fulgencio, within a distance of two meters saw Sucro conduct his nefarious activity and the fact that Macabante, when intercepted by the police, was caught throwing the marijuana stick and when confronted, readily admitted that he bought the same from accused-appellant clearly indicates that Sucro had just sold the marijuana stick to Macabante, and therefore, had just committed an illegal act of which the police officers had personal knowledge, being members of the team which monitored Sucro's nefarious activity.
Read: People vs. Gerente
Police officers have personal knowledge of the actual commission of the crime when it had earlier conducted surveillance activities of the accused.
That searches and seizures must be supported by a valid warrant is not an absolute rule.
Among the exceptions granted by law is a search incidental to a lawful arrest under Sec. 13, Rule 126 of the Rules on Criminal Procedure, which provides:
Ergo, the fruits obtained from such lawful arrest are admissible in evidence.
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GR No. 93239 March 18, 1991
FACTS:
Roy Fulgencio was instructed by P/Lt. Vicente Seraspi, Jr. (Station Commander of the INP) to monitor the activities of appellant Edison Sucro, because of information gathered by Seraspi that Sucro was selling marijuana.
Pat. Fulgencio saw appellant enter the chapel, taking something which turned out later to be marijuana from the compartment of a cart found inside the chapel, and then return to the street where he handed the same to a buyer, Aldie Borromeo.
After a while appellant went back to the chapel and again came out with marijuana which he gave to a group of persons. Pat. Fulgencio called up Seraspi to report that a third buyer later Identified as Ronnie Macabante, was transacting with appellant.
At that point, the team of P/Lt. Seraspi proceeded to the area and while the police officers were at the Youth Hostel at Maagma St., Pat. Fulgencio told P/Lt. Seraspi to intercept Macabante and appellant.
Upon seeing the police, Macabante threw something to the ground which turned out to be a tea bag of marijuana.
When confronted, Macabante readily admitted that he bought the same from Sucro.
The police team was able to overtake and arrest appellant and recovered 19 sticks and 4 teabags of marijuana from the cart inside the chapel and another teabag from Macabante
ISSUES:
- Whether or not the arrest without warrant of the accused is lawful and consequently.
- Whether or not the evidence resulting from such arrest is admissible.
HELD:
The Court ruled in the affirmative.
Section 5, Rule 113 of the Rules on Criminal Procedure provides for the instances where arrest without warrant is considered lawful.
Sec. 5. Arrest without warrant; when lawful. – A peace officer or a private person may, without a warrant, arrest a person:An offense is committed in the presence or within the view of an officer, within the meaning of the rule authorizing an arrest without a warrant, when the officer sees the offense, although at a distance, or hears the disturbances created thereby and proceeds at once to the scene thereof.
(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.
Fulgencio, within a distance of two meters saw Sucro conduct his nefarious activity and the fact that Macabante, when intercepted by the police, was caught throwing the marijuana stick and when confronted, readily admitted that he bought the same from accused-appellant clearly indicates that Sucro had just sold the marijuana stick to Macabante, and therefore, had just committed an illegal act of which the police officers had personal knowledge, being members of the team which monitored Sucro's nefarious activity.
Read: People vs. Gerente
Police officers have personal knowledge of the actual commission of the crime when it had earlier conducted surveillance activities of the accused.
That searches and seizures must be supported by a valid warrant is not an absolute rule.
Among the exceptions granted by law is a search incidental to a lawful arrest under Sec. 13, Rule 126 of the Rules on Criminal Procedure, which provides:
Sec. 13. Search incident to lawful arrest. – 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.There is nothing unlawful about the arrest considering its compliance with the requirements of a warrantless arrest.
Ergo, the fruits obtained from such lawful arrest are admissible in evidence.
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