Antiquera v. People, G.R. No. 180661, Dec.

11, 2013

FACTS:
Second Assistant City Prosecutor of Pasay City charged the accused George Codes Antiquera* and Corazon Olivenza
Cruz with illegal ·possession of paraphernalia for dangerous drugs 1 before the Regional Trial Court (RTC) of Pasay City.
Two police officers and Two civilian operatives observed 2 men during a patrol operation, rushed from a house and
boarded a jeepney. Upon approaching the aforementioned house. Police officers took a peek on the door which was ajar and
saw accused and his live-in partner holding drug paraphernalia which triggered the arrest of the two.
The version of the story of accused is that they were sleeping when the police officers knocked and forced themselves
inside and advised them of the charges. RTC found the accused guilty and gave no weight to accused Antiquera’s claim of
illegal arrest. Upon appeal, CA affirmed the decision of the trial court.

ISSUE: Whether the warrantless arrest was valid.

RULING: No, the supreme court held that it was not. Rule 113 providing grant for warrantless arrest provides that Any peace
officer or private person may perform a warrantless arrest so long as they witnessed the commission, actual commission or
attempt to the commission of a crime. It must have taken place within plain sight of the arresting person. During testimony of
one of the arresting officers, it was discovered that there was not enough space from the opening of the door to actually see
what was happening inside. They had to push it further to see what was actually happening inside. This already contradicts
the statement that they saw the accused performing the offense in plain sight and such act of pushing the door already
warranted a search warrant to be valid. Decision was reversed and accused were acquitted.