FACTS:
Police Operatives
received an INFOREP memo from Camp Crame regarding the drug trading activities
being undertaken in Brgy. Palmera Spring II. Arriving at Palmera Spring II, the
officers were led to the house of petitioner Abe Miclat. PO3 Antonio positioned
himself at the perimeter of the house, while the rest of the group deployed
themselves nearby. Thru a small opening in the curtain-covered window, PO3
Antonio peeped inside and saw Abe arranging several pieces of small plastic
sachets which he believed to be containing Shabu. PO3 Antonio gained entrance
and told to Miclat that he was a police officer, and Miclat voluntarily handed
the 4 sachets to PO3 Antonio. PO3 Antonio then made the arrest
Petitioner claims
that he was watching television with his father and sister when they heard a
noise downstairs and saw men in civilian clothes, who introduced themselves as
police and arrested him, and the shabu was later planted while travelling in
the police station.
Trial Court found the
petitioner guilty of violating RA 9165. CA affirmed in toto
ISSUE: W/N the
warrantless arrest made was valid
HELD: YES
RATIO:
At the time of
petitioner’s arraignment, there was no objection raised as to the irregularity
of his arrest. He actively participated before the trial court. He is deemed to
have waived any perceived defect in his arrest
At any rate, an
arrest without warrant is lawful when (1) the person arrested execute an overt
act that indicates he has just committed, actually committing, or is attempting
a crime; (2) the overt act is done in the presence or within the view of the
arresting officer
The
petitioner was caught in flagrante delicto, and the shabu found falls within
the “plain view doctrine” where: (a)
the law enforcement officer in search of the evidence has a prior justification
for an intrusion or is in a position from which he can view a particular
area; (b) the discovery of evidence in plain view is inadvertent; (c) it is immediately apparent to the
officer that the item he observes may be evidence of a crime, contraband or
otherwise subject to seizure
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