MARGARITA AMBRE Y CAYUNI VS.PEOPLE OF THE PHILIPPINES, G. R. NO. 191532 AUGUST 15,
2012
Mendoza, Mendoza, J: Doc!"#
%$This exclusionary exclusionary rule is not, however, however, an absolute absolute and rigid rigid proscripti proscription. on. One of the recognized recognized exception established by jurisprudence is search incident to a lawful arrest . In this exception, the law requires that a lawful arrest must precede the search of a person and his belongings. F&c'%
On or about about April April 2, 2!, 2!, the "alooca "aloocan n #olice #olice $tati $tation on Anti% Anti%Ill Illegal egal &rug%$ &rug%$peci pecial al Operation 'nit conducted a buy%bust operation pursuant to a tip from a police informant that a certain Abdullah $ultan and his wife Ina Aderp was engaged in the selling of dangerous drugs at a residential compound in "aloocan "ity( that buy%bust operation resulted in the arrest of Aderp and a certain )octar Tagoranao( that $ultan run away from the scene of the entrapment operation and #O* )oran, #O2 )asi and #O+ )ateo, pursued him( that in the course of the chase, $ultan led the said police officers to his house( that inside the house, he police operatives found Ambre, "astro and )endoa having a pot session( that Ambre in particular, particular, was caught sniffing what was suspected suspected to be a shabu in a rolled up alumni foil( foil( and that #O* )oran ran after $ultan $ultan while #O2 )asi and #O+ )ateo arrested Ambre, "astro and )endoa for illegal use of shabu. Ambre insists that the warrantless arrest and search made ag ainst her were illegal because no offense was being committed at the time and the police operatives were not authoried by a -udicial order to enter the dwelling dwe lling of $ultan. That Ambre is inside the residential compound to buy a )along. $he argues that the alleged hot pursuit/ on $ultan which ended in the latter0s house, where she, )endoa and "astro were supposedly found having a pot session, was more imaginary than real. That the police officer -ust barged in and arrested her. 1osete testified that after she left Ambre inside along with the vendors and buyers of malong. $he returned and found out that the policemen arrested the people inside the compound. The 1T" rendered its decision declaring declaring that the prosecution prosecution was able to establish establish with certitude the guilt of Ambre. "A affirmed the decision of 1T" I''($'%
+. hether hether or not the warrantle warrantless ss arrest arrest of Ambre Ambre and the search search of her person person was valid3 valid3 2. hether hether or not the the items items seied seied are inadmissibl inadmissiblee in evidence3 evidence3 *. hether hether or not chain chain of of custody custody of of evidence evidence was bro4en3 bro4en3 H$)*%
+. 5es, 5es, the warrantles warrantlesss arrest of of Ambre Ambre and the search search of her person person was valid. valid. 2. 5es, 5es, the items seied are admiss admissible ible in in evidence. evidence. *. 6o, the the chain chain of custody custody of of eviden evidence ce was not not bro4en. bro4en.
R&"o%
+. The "ourt held that the arrest and search done against the petitioner is valid. $ection !, 1ule ++* of the 1ules of "riminal #rocedure, provides three 7*8 instances when warrantless arrest may be lawfully effected9 7a8 arrest of a suspect in flagrante delicto( 7b8 arrest of a suspect where, based on personal 4nowledge of the arresting officer, there is probable cause that said suspect was the perpetrator of a crime which had -ust been committed( 7c8 arrest of a prisoner who has escaped from custody serving final -udgment or temporarily confined during the pendency of his case or has escaped while being transferred from one confinement to another. In arrest in flagrante delicto, the accused is apprehended at the very moment he is committing or attempting to commit or has -ust committed an offense in the presence of the arresting officer. "learly, to constitute a valid in flagrante delicto arrest, two requisites must concur9 7+8 the person to be arrested must execute an overt act indicating that he has -ust committed, is actually committing, or is attempting to commit a crime( and 728 such overt act is done in the presence or within the view of the arresting officer. :uthermore, Ambre is deemed to have waived her ob-ections to her arrest for not raising them before entering her plea 2. ;vidence obtained and confiscated on the occasion of such an unreasonable search and seiure is tainted and should be excluded. for being the proverbial fruit of a poisonous tree. In the language of the fundamental law, it shall be inadmissible in evidence for any purpose in any proceeding. ence, even though the prosecution failed to submit in evidence the physical inventory and photograph of the drug paraphernalia with traces of shabu, this will not render Ambre0s arrest illegal or the items seied from her inadmissible. 1ecords bear out that after the arrest of Ambre with "astro and )endoa, the following items were confiscated from them9 one 7+8 unsealed sachet with traces of suspected shabu( one 7+8 strip of rolled up aluminum foil with traces of suspected shabu( one 7+8 folded piece of aluminum foil with traces of white crystalline substance also believed to be shabu( and two 728 yellow disposable lighters. 'pon arrival at the police station, #O* )oran turned over the seied items to #O2 >ipolito who immediately mar4ed them in the presence of the former.
The testimonies of the police officers have adequately established with moral certainty the commission of the crime charged in the information and the identity of Ambre as the perpetrator. It upholds the presumption of regularity in the performance of official duties. The presumption remains because the defense failed to present clear and convincing evidence that the police officers did not properly perform their duty or that they were inspired by an improper motive.
