Ong Coma Hadji Homan vs.
People
Nature:
Appeal from the decision of the CA
Doctrine:
In order to have a valid warrantless arrest in flagrante delicto, the
following requisites must concur
a.The person to be arrested must execute an vert act indicating that
he has just committed, is actually committing, or is attempting to
commit a crime.
b. Such overt act is done in the presence or view of an arresting
officer.
Facts:
Aug 20,2002, at around 8:15 PM, with a civilian named Ronald
Tangcoy, PO1 Eric Tan went to south wing Roxas Blvd.
While proceeding in the area riding a mobile hunter, they saw
petitioner crossing the street with a jaywaking sign.
Petitioner was then seen to pick up something from the ground.
This prompted Tangcoy to frisk him, resulting in the recovery of a
knife. Tangcoy then conducted a thorough search in the body of the
accused and consequently he found and confiscated a plastic of
suspected SHABU.
Petitioner was charged for violation of Sectiom 17 of Art 2 of R.A.
9165 (Possession of Dangerous Drugs).RTC convicted. CA Affirmed
Held:
The prosecution failed to prove that the warrantless arrest
preceded the search on the petitioner’s body.
Sec.5 (a) of Rule 113 provides that there may be a valid warrantless
arrest against a person who in the presence of an arresting officer
or civilian, has committed, is committing or was about to commit a
crime.
In order to have a valid warrantless arrest in flagrante delicto, the
following requisites must concur
a.The person to be arrested must execute an vert act indicating
that he has just committed, is actually committing, or is attempting
to commit a crime.
b. Such overt act is done in the presence or view of an arresting
officer.
Respondent failed to establish where te petitioner is actually
crossing. They merely said that he is crossing in a street with a no
jaywalking sign but they did not thoroughly describe the area.
Hence, they failed to prove that it was a no jaywalking area and thus
it cannot be said that petitioner has been committing a crime.

Furthermore, petitioner is not being accused of committing

jaywalking which is a condition precedent

Filing a criminal charge against a person is not a condition

precedent to prove a valid warrantless arrest. Even if there is a
criminal charge against the accused, the prosecution is not relieved
from its burden to prove a valid warrantless arrest.