People v. Mendoza G.R. No. 191267, June 13, 2013 Arrest Search and Seizure See: Rule 113 Section. 5. Arrest without warrant; when lawful Rule 126 Section 13. Search incident to lawful arrest FACTS PO2 dela Cruz and PO2 Sangel, both operatives of the Station AntiIlleg Illegal al Drugs Drugs Specia Speciall Operat Operation ions s Tas !orc !orce e "SAID"SAID-SOT SOT!#, !#, PO2 dela dela Cruz Cruz testi$ed that on %a& '(, 2))* at about about +'( in the evening, their con$dential inforant arrrived at their o.ce reporting that a certain alias %onica, /ho turned out to be the accused, /as involved in the rapant sale of illegal drugs along P01 South Copound, rg&3 Pio del Pilar, %aati Cit&3 Their Action O.cer, SPO* %angulabnan fored a bu&-bust tea led b& SPO' %agallanes to e4ect the arrest of %endoza3 A brie$ng /as conducted regarding the antinarcotics operation and dela Cruz /as designated as poseur-bu&er3 5e /as tased to bu& PhP 2))3)) /orth of shabu fro accused3 T/o pieces of one hundred peso bills /ere provided and ared /ith 6A%%7 for use in the bu&bust bust oper operat atio ion3 n3 Coor Coordi dina nati tion on /ith /ith the the PD8A PD8A /as /as ade ade33 The The tea tea then then proceeded to the area of operation, at the P01 South Copound, rg&, Pio del Pilar, %aati Cit& to conduct the bu&-bust operation3 operation3 Dela Cruz further testi$ed that upon arrival at the said area, the inforant accopanied hi to /here accused /as3 The rest of the tea positioned theselves theselves strategi strategicall call& & /ithin /ithin the perieter perieter33 Thereaf Thereafter, ter, the infora inforant nt introduced hi to accused as a person in need of shabu3 At this instance, he conve& conve&ed ed his his intent intention ions s of bu&ing bu&ing t/o hundr hundred ed pesos pesos /orth /orth of shabu shabu to accused3 5e then gave the PhP 2))3)) pesos bu&-bust one& to accused /ho in turn, turn, gave gave one plasti plastic c sache sachett conta containi ining ng suspe suspecte cted d shabu shabu to hi3 hi3 The transaction having been consuated, he then ade a otion of giving a high $ve to accused accused /hich /hich /as the pre-arrang pre-arranged ed signal signal for the rest rest of the bac-up tea3 Oper Operat atio ions ns bac bac-u -up p Sang Sangel el then then appr approa oach ched ed the the area area of tran transa sact ctio ion, n, introduced hiself as a police o.cer and placed %endoza under arrest3 She /as apprised of the nature of the arrest and of her constitutional rights3 Dela Cruz continued that at the area of transaction, a search conducted after the arrest /hich resulted in the recover& of the bu&-bust one& and $ve other other plasti plastic c sachet sachets s contai containin ning g suspe suspecte cted d shabu3 shabu3 5e /as 9ust 9ust ver& ver& near near Sangel /hen the sachets of shabu /ere taen fro accused3 5e accordingl& ared the pieces of evidence recovered fro accused3 :ie/ise ared /as the shabu sub9ect atter of the sale transaction3 Accused /as thereafter brought to the o.ce of the SAID-SOT!, /here she /as turned over to the investigator on dut&3 After/ards, the ites seized /ere brought to the P0OC Crie :aborator& O.ce O.ce for for e;a e;ain inat atio ion3 n3 The The labo labora rato tor& r& e;a e;ain inat atio ion n on the the spec speci ien ens s subitted &ielded positive result for the presence presence of a dangerous drug shabu3 5e aintained that the operation /as properl& coordinated /ith the PD8A3
Sangel corroborated the testion& of dela Cruz ainl& /ith respect to the bu&-bust operation against accused3 5e declared that he /as about seven to ten eters a/a& fro the place of transaction3 After the pre-arranged signal /as /as give given n b& dela dela Cruz Cruz,, he, he, toge togeth ther er /ith /ith the the tea tea,, proc procee eede ded d to the the accused to arrest her3 After %endoza /as arrested, she /as ordered to ept& her short pants and $ve pieces of plastic sachets containing shabu /ere found and con$scated together /ith the ared one& in the aount of PhP 2))3))3 Thereafter, dela Cruz placed the aring on the seized ites at the place of transaction3 The accused /as then brought to the SAID-SOT! of the %aati Police for inve invest stig igat atio ion n /hil /hile e the the seiz seized ed ite ites s /er /ere brou brough ghtt to the the P0P P0P Cri Crie e :aborator& O.ce for laborator& e;aination3 Accused for her part, denied the charges against her3 She denied that she /as caught selling shabu and that she /as caught in possession of the sae3 She aintained that on %a& '(, 2))* at around *)) oun 1iles $led against >onathan :esaca and Alfredo :esaca before the 1TC /here she /as a star /itness3 She /as brought to the o.ce of the Drug 8nforceent =nit "D8=#3 At the o.ce o.ce of the D8=, %angul %angulabn abnan an tale taled d to her3 her3 5e told told her that she /as stubborn as he once told her not to eddle /ith the case of her friend >un 1iles or else soething /ill happen to her3 She /as then ased if she ne/ 8d/in ?erabu and she said she ne/ hi because he /as her neighbor3 She /as ased if she ne/ /here to $nd ?erabu3 She told the that she usuall& sees this ?erabu in front of the 6binggohan37 After/ards she /as brought to the place she /as referring to3 Accused /as left inside the vehicle for about thirt& inutes and thereafter she sa/ the police o.cers /ith ?erabu3 5e /as brought inside the vehicle3 There ?erabu /as ased if he had shabu and he replied that he did not have an&3 5e /as frised and the police o.cers /ere able to recover fro his pocet /hite substance suspected to be shabu3 Accused and ?erabu /ere both brought bac to the o.ce of the D8=3 At the D8=, %endoza /anted to go hoe but she /as not peritted b& the police o.cers3 She /as ade to sta& and she /as surprised that the D8= $led charges against her3 She /as brought to a place /here she under/ent
drug testing3 She /as ade to urinate in a bottle3 After the drug test, she /as brought bac to the o.ce of the D8= /here she /as detained3 She /as then brought to the $scal
be arrested /ithout a /arrant, thus 6S8CTI 6S8CTIO0 O0 (3 Arre Arrest st /ithou /ithoutt /arr /arrant ant /hen /hen la/ful la/ful33 - A peace peace o.cer o.cer or a private person a&, /ithout a /arrant, arrest arrest a person "a# Bhen, Bhen, in his presenc presence, e, the the person person to be arre arreste sted d has coitte coitted, d, is actuall& coitting, or is attepting to coit an o4ense "b# Bhen an o4ense has 9ust been coitted and he has probable cause to believ believe e based based on perso personal nal no/le no/ledg dge e of facts facts or circu circusta stance nces s that that the the person to be arrested has coitted it "c# Bhen the person to be arrested is a prisoner /ho has escaped fro a penal penal establ establish ishen entt or place place /her /here e he is servin serving g $nal $nal 9udge 9udgeent ent or is teporaril& con$ned /hile his case is pending, or has escaped /hile being transferred fro one con$neent to another37 Paragraph "a# of Section (, is coonl& no/n as an in Eagrante delicto arrest3 !or a /arrantless arrest of an accused caught in Eagrante delicto to be valid, t/o reFuisites ust concur "'# the person to be arrested ust e;ecute an overt act indicating that he has 9ust coitted, is actuall& coitting, or is atte attep pti ting ng to co coit it a cri crie e and and "2# "2# such such over overtt act act is done done in the the presence or /ithin the vie/ of the arresting o.cer3 In the instant case, the prosecution copletel& and full& established that accused /as arrested in Eagrante delicto3 At an& rate, accused failed to raise an& ob9ection to the anner of her arrest before arraignent3 In fact, she participated in the trial3 She even too the /itness stand and testi$ed in her o/n behalf3 She is no/ estopped fro assailing the legalit& of her arrest as she /aived an& irregularit&, if an&, that a& have tainted her arrest3 Signi$cantl&, the proof of an in Eagrante delicto arrest, reoves /hatever credibilit& there a& have been about the testion& of the accused of the alleged circustances that ade her go /ith the police to the D8= unit3 5er version that she /as a frae-up victi cannot stand against the testion& of the police, supported b& evidence of corpus delicti3 The Decision appealed /as A!!I1%8D3 RAT!' Rule 113 Se()*on. +. Ae-) *)/ou) aan) /en laul. A peace ocer or a private person a!" a!" without a warrant" arrest a person: #a$ %hen" in his presence" the person to &e arrested has coitted" is actuall! coittin'" or is atteptin' to coit an o(ense; #&$ %hen an o(ense has )ust &een coitted and he has pro&a&le caus ause to &elie lieve &ase ased on person rsonal al *now owle led d'e of facts acts or circustances that the person to &e arrested has coitted it; #c$ %hen the person to &e arrested is a prisoner who has escaped fro fro a pena penall esta esta&l &lis ish hen entt or plac place e wher where e he is serv servin in' ' +nal +nal )ud'ent or is teporaril! teporaril! con+ned while his case is pendin'" pendin'" or has has
escaped while &ein' transferred fro one con+neent to another. ,n cases cases fallin fallin' ' under under para'r para'rap aphs hs #a$ and #&$ a&ove a&ove"" the perso person n arre arrest sted ed with withou outt a warr warran antt shal shalll &e fort forthw hwit ith h deli delive vere red d to the the neares nearestt police police station station or )ail )ail and shall shall &e proce proceed eded ed a'ains a'ainstt in accordance with section - of Rule 112. person Rule Rule 126 Se()*o Se()*on n 13. Sea(/ Sea(/ *n(*de *n(*den) n) )o laul laul ae-) ae-).. A person lawf lawful ull! l! arre arrest sted ed a! a! &e sear search ched ed for for dan' dan'er erou ous s weap weapon ons s or an!t an!thi hin' n' whic which h a! a! have have &een &een used used or cons consti titu tute te proo prooff in the the coission of an o(ense without a search warrant.
