G.R. No.

87059 June 22, 1992

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
ROGELIO MENGOTE y TEJAS, accused-appellant.

Facts: Police were dispatched to North Bay Boulevard only because of the telephone call from the
informer that there were "suspicious-looking" persons in that vicinity who were about to commit a
robbery. There they saw two men "looking from side to side," one of whom was holding his abdomen.
They approached these persons and identified themselves as policemen, whereupon the two tried to run
away but were unable to escape because the other lawmen had surrounded them. The suspects were then
searched. One of them, who turned out to be the accused-appellant, was found with a .38 caliber Smith
and Wesson revolver with six live bullets in the chamber. His companion, later identified as Nicanor
Morellos, had a fan knife secreted in his front right pants pocket.
Accused-appellant Rogelio Mengote was convicted of illegal possession of firearms on the strength
mainly of the stolen pistol found on his person at the moment of his warrantless arrest. In this appeal, he
pleads that the weapon was not admissible as evidence against him because it had been illegally seized
and was therefore the fruit of the poisonous tree. The Government disagrees. It insists that the revolver
was validly received in evidence by the trial judge because its seizure was incidental to an arrest that was
doubtless lawful even if admittedly without warrant.

Issue: Whether or not the arrest is valid.

Held: No. There is no question that evidence obtained as a result of an illegal search or seizure is
inadmissible in any proceeding for any purpose. That is the absolute prohibition of Article III, Section
3(2), of the Constitution. This is the celebrated exclusionary rule based on the justification given by Judge
Learned Hand that "only in case the prosecution, which itself controls the seizing officials, knows that it
cannot profit by their wrong will the wrong be repressed." The Solicitor General, while conceding the
rule, maintains that it is not applicable in the case at bar. His reason is that the arrest and search of
Mengote and the seizure of the revolver from him were lawful under Rule 113, Section 5, of the Rules of
Court reading as follows:

Sec. 5. Arrest without warrant when lawful. — A peace officer or 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 personal knowledge of facts indicating
that the person to be arrested has committed it; and
(c) When the person to be arrested is a prisoner who has 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.

In cases failing under paragraphs (a) and (b) hereof, the person arrested without a warrant shall be
forthwith delivered to the nearest police station or jail, and he shall be proceeded against in accordance
with Rule 112, Section 7.

We have carefully examined the wording of this Rule and cannot see how we can agree with the
prosecution.
Par. (c) of Section 5 is obviously inapplicable as Mengote was not an escapee from a penal institution
when he was arrested. We therefore confine ourselves to determining the lawfulness of his arrest under
either Par. (a) or Par. (b) of this section.
Par. (a) requires that the person be arrested (1) after he has committed or while he is actually committing
or is at least attempting to commit an offense, (2) in the presence of the arresting officer.
These requirements have not been established in the case at bar. At the time of the arrest in question, the
accused-appellant was merely "looking from side to side" and "holding his abdomen," according to the
arresting officers themselves. There was apparently no offense that had just been committed or was being
actually committed or at least being attempted by Mengote in their presence.

WHEREFORE, the appealed decision is REVERSED and SET ASIDE. The accused-appellant is
ACQUITTED and ordered released immediately unless he is validly detained for other offenses. No costs.