Professional Documents
Culture Documents
DORIA
301 SCRA 668
Facts: North Metropolitan District, Philippine National
Police (PNP) Narcotics Command (Narcom), received
information from two (2) civilian informants (CI) that one
Jun was engaged in illegal drug activities in Mandaluyong
City. The Narcom agents decided to entrap and arrest
Jun in a buy-bust operation scheduled on December 5,
1995 at E. Jacinto Street in Mandaluyong City.
On December 5, 1995, at 6:00 in the morning, P/Insp.
Cortes designated PO3 Manlangit as the poseur-buyer and
SPO1 Badua as his back-up, and the rest of the team as
perimeter security. PO3 Manlangit set aside P1,600.00 as
money for the buy-bust operation.. PO3 Manlangit marked
the bills with his initials and listed their serial numbers in
the police blotter.
At 7:20 of the same morning, Jun appeared and the CI
introduced PO3 Manlangit as interested in buying one (1)
kilo of marijuana. PO3 Manlangit handed Jun the marked
bills worth P1,600.00. Jun instructed PO3 Manlangit to
wait for him at the corner of Shaw Boulevard and Jacinto
Street while he got the marijuana from his associate. An
hour later, Jun appeared at the agreed place where PO3
Manlangit, the CI and the rest of the team were waiting.
Jun took out from his bag an object wrapped in plastic
and gave it to PO3 Manlangit. PO3 Manlangit forthwith
arrested Jun as SPO1 Badua rushed to help in the arrest.
They frisked Jun but did not find the marked bills on
PEOPLE V. GERENTE
219 SCRA 756
Facts: Edna Edwina Reyes testified that at about 7:00 a.m.
of April 30, 1990, appellant Gabriel Gerente, together with
Fredo Echigoren and Totoy Echigoren, started drinking
liquor and smoking marijuana in the house of the appellant
which is about six (6) meters away from the house of the
prosecution witness who was in her house on that day. She
overheard the three men talking about their intention to
kill Clarito Blace. She testified that she heard Fredo
Echigoren saying, "Gabriel, papatayin natin si Clarito Blace,"
and Totoy Echigoren allegedly seconded Fredo's suggestion
saying: "Papatayin natin 'yan mamaya." Appellant allegedly
agreed: "Sigue, papatayin natin mamaya."
Fredo and Totoy Echigoren and Gerente carried out their
plan to kill Clarito Blace at about 2:00 p.m. of the same day.
The prosecution witness, Edna Edwina Reyes, testified that
she witnessed the killing. Fredo Echigoren struck the first
blow against Clarito Blace, followed by Totoy Echigoren and
Gabriel Gerente who hit him twice with a piece of wood in
the head and when he fell, Totoy Echigoren dropped a
hollow block on the victim's head. Thereafter, the three
men dragged Blace to a place behind the house of Gerente.
At about 4:00 p.m. of the same day, Patrolman Jaime
Urrutia of the Valenzuela Police Station received a report
from the Palo Police Detachment about a mauling incident.
He went to the Valenzuela District Hospital where the
Issue:
1 WON the warrantless arrest is valid.
2 WON the seizure of the marijuana leaves violates
the accused constitutional right not to be subjected
to illegal search and seizure.
Held:
1 The warrantless arrest is valid because pursuant
to Sec. 5(b) of Rule 113 of the Rules of Court
the arresting officer has a personal knowledge
that the person to be arrested has committed
the crime.
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.
PEOPLE V. SUCRO
195 SCRA 388
Facts: On March 21, 1989, Pat. Roy Fulgencio, a member of
the INP, Kalibo, Aklan, was instructed by P/Lt. Vicente
Seraspi, Jr. (Station Commander of the INP Kalibo, Aklan)
to monitor the activities of appellant Edison Sucro,
because of information gathered by Seraspi that Sucro
was selling marijuana.
Facts:
PEOPLE V. TONOG
195 SCRA 388
PEOPLE V. ACOL
232 SCRA 406
Brief Summary: Two passengers who were apprehended
after they supposedly staged a hold-up inside a passenger
jeepney on September 29, 1990 were haled to court, not
for the felonious asportation, but for possession of the
two unlicensed firearms and bullets recovered from them
which were instrumental in the commission of the robo.
Facts:
At around 3:45 in the morning of September 29, 1990,
when Percival Tan was driving his jeepney, two men boarded
the vehicle in Cubao. When they crossed Pasay Road, the
two wayfarers, together with two other companions,
announced a hold-up. Percival Tan was instructed to
proceed atop the Magallanes interchange where the other
passengers were divested of their personal belongings,
including the jacket of passenger Rene Araneta.
Thereafter, the robbers alighted at the Shell Gas Station
near the Magallanes Commercial Center after which
Percival Tan and his passengers went to Fort Bonifacio to
Held:
1 Yes. The warrantless arrest is valid.
Section 5(b) of Rule 113 serves as an exception to the
requisite warrant prior to arrest: When an offense has
just been committed, and he has personal knowledge based
on the facts and circumstances that the person to be
arrested has committed it.
In the case at bar, the police team was formed and
dispatched to look for the persons responsible for the
Practical consideration.
This is but a necessary and inevitable consequence
of the nature and purpose of a search warrant. The Court
cannot be blind to the fact that it is extremely difficult,
as it undeniably is, to detect or elicit information regarding
the existence and location of illegally possessed or
prohibited articles. The Court is accordingly convinced that
it should not make the requisites for the apprehension of
the culprits and the confiscation of such illicit items, once
detected, more onerous if not impossible by imposing
further niceties of procedure or substantive rules of
jurisdiction through decisional dicta. For that matter, we
SEPARATE OPINION
DAVIDE [concurring and dissenting]
The majority opinion enunciates these two principles:
SEPARATE OPINIONS
CUEVAS [concurring and dissenting]
I fully agree with the pronouncement in the majority
opinion nullifying Search warrant No. 80-84 issued by the
Hon. Ernani Cruz Pao Executive Judge of the Regional
Trial Court of Quezon City which was served at 239B
Mayon St., Quezon City It does not specify with requisite
particularity the things, objects or properties that may be
seized hereunder. Being in the nature of a general warrant,
it violates the constitutional mandate that the place to be
ALVAREZ
Alvarez case, 18 the applicant stated that his purpose for
applying for a search warrant was that: "It had been
reported to me by a person whom I consider to be reliable
that there are being kept in said premises books,
documents, receipts, lists, chits and other papers used by
PRUDENTE V. DAYRIT
180 SCRA 69
Facts: On 31 October 1987, P/Major Alladin Dimagmaliw,
Chief of the Intelligence Special Action Division (ISAD) of
the Western Police District (WPD) filed with the Regional
Trial Court (RTC) of Manila, Branch 33, presided over by
respondent Judge Abelardo Dayrit, an application for the
issuance of a search warrant for VIOLATION OF PD NO.
1866 (Illegal Possession of Firearms, etc. In his application
for search warrant, P/Major Alladin Dimagmaliw alleged,
among others, as follows:
1. That he has been informed and has good and
sufficient reasons to believe that NEMESIO PRUDENTE
who may be found at the Polytechnic University of the
Philippines, Anonas St. Sta. Mesa, Sampaloc, Manila, has in
his control or possession firearms, explosives hand
grenades and ammunition which are illegally possessed or
intended to be used as the means of committing an offense
which the said NEMESIO PRUDENTE is keeping and
concealing at the following premises of the Polytechnic
University of the Philippines, to wit: