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- An information from a civilian asset was received by PO2 Noble that spouses
Marcelino and Myra were engaged in selling shabu and their residence is being used
as a drug den
- A buy-bust operation was conducted by Noble’s team wherein he acted as the
- Noble bought the methamphetamine from Marcelino who signaled him to give the
money to Myra then, Marcelino took from his pocket a small metal container from
which he brought out a small plastic sachet containing the illegal drug
- While Noble was inspecting the sachet, he noticed smoke coming from a table inside
the house of the couple around which were seven persons
- Noble then gave the pre-arranged signal and the spouses were arrested together
with the 7 other users
- The spouses and Ranada, one of the 7 people arrested denied the story above
- On the night of the operation, the spouses and Ranada, the repairman, were doing
something in the household because the former owned an electronics and repair
- Marcelino suddenly heard someone saying “Walang tatakbo!” then armed men
rushed inside the house and arrested, then, that is when Myra arrived at the scene,
shocked to see his husband being arrested
- The policemen frisked Marcelino but nothing illegal nor incriminating was
recovered from them
- They were brought to the police station and made to drink a bitter water then, they
were tested for drugs. All who drank the water tested positive
- The trial court found them guilty
- At the Court of Appeals, it found that the warrantless arrest is lawful because they
were in the act of committing a crime


Whether or not the arrest, search, and seizure conducted against them were illegal


Section 5, Rule 113 of the Rules of Court provides for lawful warrantless arrests, viz:

Sec. 5. Arrest without warrant; when lawful. -- A peace officer or a private person may,
without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;

(b) When an offense has in fact just been committed and he has probable cause to
believe based on personal knowledge of facts or circumstances that the person to be
arrested has committed it; and

(c) When the person to be arrested is a prisoner who escaped from a penal
establishment or place where he is serving final judgment or temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement to another.
Section 5(a) is what is known as arrest in flagrante delicto. For this type of warrantless
arrest to be valid, two requisites must concur: "(1) the person to be arrested must execute
an overt act indicating that he has just committed, is actually committing, or is attempting to
commit a crime; and, (2) such overt act is done in the presence or within the view of the
arresting officer." A common example of an arrest in flagrante delicto is one made after
conducting a buy-bust operation.

This is precisely what happened in the present case. The arrest of the appellants was an
arrest in flagrante delicto made in pursuance of Sec. 5(a), Rule 113 of the Rules of Court. The
arrest was effected after Marcelino and Myra performed the overt act of selling to PO2 Noble
the sachet of shabu and Ranada of having in his control and custody illegal drug
paraphernalia. Thus, there is no other logical conclusion than that the arrest made by the
police officers was a valid warrantless arrest since the same was made while the appellants
were actually committing the said crimes.

The arrest of the appellants was lawful. Under Section 13, Rule 126 of the Rules of Court, "[a]
person lawfully arrested may be searched for dangerous weapons or anything which may
have been used or constitute proof in the commission of an offense without a search
warrant." The factual milieu of this case clearly shows that the search was made after
appellants were lawfully arrested. Pursuant to the above-mentioned rule, the subsequent
search and seizure made by the police officers were likewise valid. Hence, appellants’ claim
of unreasonable search and seizure must fail.