OTHER EXCULPATORY CAUSES – INSTIGATION People vs Doria Puno, !
In 1995, members of the PNP Narcotics Command (Narcom), received information from 2civilian info inform rmant antss (CI) (CI) that that one one “Jun “Jun !as !as en"a" en"a"ed ed in ille ille"al "al dru" dru" acti activi viti ties es in #and #andal alu$ u$on on" " Cit$ Cit$%% &he Narcom a"ents decided to entra' and arrest “Jun in a bu$bust o'eration% &he Narcom a"ents formed &eam l'ha the$ desi"nated P*+ #anlan"it as the 'oseurbu$er% t -2. a%m%, “Jun a''eared% P*+ P*+ #anl #anlan an"it "it hand handed ed “Jun “Jun the the mar/ mar/ed ed bill billss !ort !orth h P1,0 P1,0..% ..%.. ..%&h %&hee echa echan"e n"e of mone$ mone$ for for a mariuana mariuana !as com'leted% “Jun “Jun as/ed P*+ to !ait for an hour !hile he !ill "et the mariuuana mariuuana from his associate% fter a !hile, !hen “Jun !as about to "ive the mariuana,P*+ #anlan"it forth!ith arrested “Jun% &he$ fris/ed “Jun but did not find the mar/ed bills on him% 3'on in4uir$, “Jun left the mone$ to his associate “Neneth% “Neneth% &he team !ent to the house and the$ noticed a bo under the dinin" table% us'icion aroused, P*+ #anlan"it entered “Neneth6s house and too/ hold of the bo% 7e 'ee/ed inside the bo and found that it contained 1. bric/s of !hat a''eared to be dried mariuana leaves% imultaneous !ith the bo6s b o6s discover$, discover$, P*1 8adua recovered recov ered the mar/ed bills from “Neneth% &he$ arrested “Neneth and Jun%&he$ learned that “Jun is lorencio :oria $ 8olado !hile “Neneth is ;ioleta ;ioleta
ed?s$ndicated crime "rou' and sentenced both to death and 'a$ a fine of P5..,...%.. each% 7ence, the automatic revie!% In a number of cases, the Court differentiated entra'ment and insti"ation People vs Galicia Galicia &he insti"ator 'racticall$ induces induces the !ouldbe accused into the commission commission of the offense and himself becomes a co'rinci'al% In entra'ment, !a$s and means are resorted resorted to b$ the 'eace officer for the 'ur'ose of tra''in" and ca'turin" the la!brea/er in the eecution of his criminal 'lan% People v. Tan Tan Tiong Tiong the Court of ''eals further declared declared that @entra'ment is no bar to the 'rosecution and conviction of the la!brea/er%@ People v. Tiu Tiu Ua - Antra'ment is not contrar$ to 'ublic 'olic$% 'olic$% It is insti"ation that is deemed contrar$ to 'ublic 'olic$ and ille"al% &he test used in courts is a combination of obective (focused on acts of la! enforcer) and subective (focused on 'redis'osition of accused to commit the offense)% "#N $%e &arran$less arres$ o' Doria &as la&'ul( YES
''ellant !as cau"ht in the act of committin" an offense% Bhen an accused is a''rehended in fla"rante delicto as a result of a bu$ bu $ bust o'eration, the 'olice are not onl$ authori>ed but dut$bound to arrest him even !ithout a !arrant%
"#N &arran$less arres$ an) sear*% o' %er person an) resi)en*e &as la&'ul( NO ccuseda''ellant
11+% @Personal /no!led"e@ of facts in arrests !ithout !arrant under ection 5 (b) of ule 11+ must be based u'on @'robable cause@ !hich means an @actual belief or reasonable "rounds of s us'icion%@ If there is no sho!in" that the 'erson !ho effected the !arrantless arrest had, in his o!n ri"ht, /no!led"e of facts im'licatin" the 'erson arrested to the 'er'etration of a criminal offense, the arrest is le"all$ obectionable%
ince the !arrantless arrest of accuseda''ellant ure of the mar/ed bills and mariuana cannot be deemed le"al as an incident to her arrest% &he fact that the bo containin" about si (0) /ilos of mariuanaD1+E !as found in the house of accuseda''ellant
*bects fallin" in 'lain vie! of an officer !ho has a ri"ht to be in the 'osition to have that vie! are subect to sei>ure even !ithout a search !arrant and ma$ be introduced in evidence% &he plain vie& )o*$rine a''lies !hen the follo!in" re4uisites concur(a) the la! enforcement officer in search of the evidence has a 'rior ustification for an intrusion or is in a 'osition from !hich he can vie! a 'articular areaF (b) the discover$ of the evidence in 'lain vie! is inadvertentF (c) it is immediatel$ a''arent to the officer that the item he observes ma$ be evidence of a crime, contraband or other!ise subect to sei>ure%