PEOPLE V. DELOS REYES (2011)

Facts:

On February 17, 2000, accused-appellants Rolando S. Delos Reyes and Raymundo Reyes, Emmanuel de Claro, and Mary Jane Lantion-Tom were all arrested for illegal possession, sale, delivery, distribution, and/or transportation of Methamphetamine Hydrochloride, a regulated drug commonly known as shabu. The arrest was based on information given to the Police regarding a drug deal that was to commence at the parking area of Shangri-la Plaza Hotel, Mandaluyong City. Such information was obtained by the Police from a confidential informant.

The police version of the event was that they positioned themselves at the parking area of the said Shangri-la Plaza at about 2pm and waited for the accused-appellants to arrive at the time frame of 6-11pm. The accused-appellants allegedly arrived at 10pm where the said transaction was held at the parking area of Whistletop Bar and Restaurant. Delos Reyes and De Claro were said to meet up at the restaurant and after which, came out and approached a parked car where De Claro obtained a box in a transparent plastic bag which was handed to him by Lantion-Tom who was inside the car. De Claro then turned over this package to Delos Reyes who in turn handed over such package to Reyes. Upon seeing the transfer of the contraband from one person to another, the Police allegedly arrested the accused-appellants and seized the said package which they identified to be the shabu. The Police officers who were involved in such operation stated this same narration in their testimonies.

The accused-appellant Delos Reyes however filed a counter-affidavit stating that he was not arrested at Shangri-la Plaza but was arrested at Buenas Market, Manggahan, Pasig City. Delos Reyes narrated that on the day he was arrested, he was with one Marlon David at the parking area of Buenas Market waiting for Raymundo Reyes who was to pay his indebtedness. While waiting for Reyes, they were approached by armed men and forced out of their vehicle. The armed men brought out an SM plastic bag and kept on asking both Delos Reyes and David who was the source of the shabu which was the contents of the bag; both denied having knowledge regarding such drug. They were blind-folded and brought to separate cars and while inside the cars they were still being asked regarding their knowledge of the source of the drugs, they were also beaten up by these armed men. The next thing they know, they were brought to Camp Bagong Diwa in Taguig. David, in his testimony gave a similar account of the incident.

The accused-appellant Emmanuel De Claro testified that on the day that he was arrested, he was with his common-law wife Mary Jane Lantion-Tom. He provided details of their whereabouts on the day of the incident. He also stated they were with his brother Roberto De Claro and his friend James. De Claro stated that they were at Whistletop because of a meeting of Lantion-Tom with one Daisy Milan regarding matters pertaining to their business permit. After the meeting, Lantion-Tom walked Milan outside of the restaurant and De Claro waited inside the restaurant. He was then approached by three male persons who identified themselves as police officers. He was brought outside of the restaurant and was forced to get in a waiting car. Inside the car, he was likewise being forced to admit having knowledge about the shabu. He was also beaten up and was brought to Camp Bagong Diwa in Taguig. De Claro later saw that Lantion-Tom was also there, they were being interrogated by the police and being forced to admit that the drugs being shown to them belonged to them. They also asked for a lawyer but their plea was ignored. The police then said that somebody should be held responsible for the shabu so they made to choose whether both of them or only one of them would be charged. De Claro was compelled to choose the latter option.

The RTC rendered a decision finding the accused-appellants guilty beyond reasonable doubt of the crime charged. The accused-appellants appealed the decision. De Claro moved to withdraw his appeal and moved to re-open the proceedings instead. His withdrawal of the appeal was granted. Later on, De Claro was aquitted by the RTC which leaves Delos Reyes and Reyes the accused who are convicted. The CA sustained such conviction modifying the penalty from life imprisonment to reclusion perpetua.

Issue: Whether or not the warrantless arrest of the accused-appellants is valid

Held:

No. The arrests were executed without any warrant or any of the exceptional circumstances to justify a warrantless arrest. The suspects, including the accused-appellants, were arrested without warrant based on a mere tip from a confidential informant and not because of any apparent criminal activity. A tip does not constitute probable cause for a warrantless arrest or search and seizure incidental thereto. Thus, the shabu allegedly seized from accused-appellants is inadmissible in evidence.

Without valid justification for the inflagrante delicto arrests of the accused-appellants, the search of the accused-appellants’ persons incidental to said arrests, and the eventual seizure of the shabu from the accused-appellants’ possession, are also considered unlawful and thus, the seized shabu is excluded in evidence as fruit of a poisonous tree. Without the corpus delicti for the crime charged, then the acquittal of accused-appellants is inevitable.