PEOPLE OF THE PHILIPPINES

---vs--Sulpicio Sonny Boy Tan

Illegal arrest waived if not raised on arraignment
Facts:
1. The accused was charged with illegal possession of prohibited drugs, specifically valium
2. He initially pleaded not guilty, but later filed a motion to withdraw the plea and for a
reinvestigation of the case. This was granted and the prosecutor subsequently found
probable cause.
3. He was arraigned again where he entered a not guilty plea. Pre-trial and trial ensued
a. The prosecution says that they heard the accused calling out to foreigners Hey
Joe, want to buy Valium, Cialis, Viagra?. This piqued the curiosity of officers
and inquired themselves, where the accused even told them that he was selling
those drugs. Thus, they apprehended him
b. The accused, on the other hand, denies such allegation claiming that he was just
a watch-your-car-boy
4. RTC convicted him, affirmed by CA with modification to fines
5. Hence, this petition, the accused raising the illegality of arrest for the first time on
appeal.
ISSUE: W/N the illegality of the arrest may still be reviewed (NO)
HELD:
It is an established rule that an accused is estopped from questioning the legality of his arrest if
he fails to raise it before arraignment.
In this case, he had two instances when he could have raised the legality of the arrest. First
during his initial arraignment, and second after the second arraignment following the
reinvestigation of the prosecutor on the accuseds own motion
Likewise, there is a valid warrantless arrest, based on in flagrante delicto since the police officers
themselves heard him hollering that he is selling illegal drugs
WHEREFORE, Judgment is AFFIRMED.