FACTS IN ISSUE:

Buy-bust operation took place 2 days after surveillance & casing.

2 days supposedly used for planning and briefing.

ISSUE FOR RESEARCH:

Should they have procured a warrant considering the ample time (2 days) which has lapsed since the conduct
of the surveillance?

RESEARCH OUTPUT:

 1996 case – People v. Dannilo Juatan Y Capsa (G.R. No. 104378, August 20, 1996)
o 10-day surveillance prior buy-bust – regularity UPHELD
Appellant underscores the absence of a warrant of arrest or search warrant despite the fact that the
police has had him subjected, prior to his apprehension, to a week-long surveillance. In fine, he contends
that the police could have easily procured a "warrant before proceeding with the buy-bust operation."29
A buy-bust operation is far variant from an ordinary arrest; it is a form of entrapment which has
repeatedly been accepted to be a valid means of arresting violators of the Dangerous Drugs Law. In a
buy-bust operation the violator is caught in flagrante delicto and the police officers conducting the
operation are not only authorized but duty-bound to apprehend the violator and to search him for
anything that may have been part of or used in the commission of the crime.

https://www.chanrobles.com/cralaw/1996augustdecisions.php?id=479

 2009 case – Quinicot v. People (G.R. No. 179700, June 22, 2009)
o Buy-bust hastily planned – upheld. Ruling discussed that valid buy-bust may be carried out after long
period of planning:

“…there is no textbook method of conducting buy-bust operations. The Court has left to the discretion of
police authorities the selection of effective means to apprehend drug dealers. If a police operation
requires immediate implementation, time is of the essence, and sometimes only hasty preparations are
possible.31 The fact that the police officer who acted as back-up (or any other member of the team) was
briefed only for a few minutes does not prove that there was no buy-bust operation that happened. A
buy-bust operation can be carried out after a long period of planning or, as in the case on hand,
abruptly or forthwith, without much preparation. The conduct thereof depends on the opportunity that
may arise under the circumstances. Thus, the period of planning for such operation cannot be dictated
to the police authorities who are to undertake such operation. In the case at bar, the buy-bust operation
was planned in less than an hour prior to the buy-bust operation, after the informant contacted
petitioner and told him that there was a buyer. Under the situation, the briefing of a team member for
only a few minutes cannot be taken against the buy-bust team, for the team had to cope with what it
had at that instant.”

https://lawphil.net/judjuris/juri2009/jun2009/gr_179700_2009.html

 2009 case – People v. SPO3 Sangki Ara y Mirasol, Mike Talib y Mama, and Jordan Musa y Bayan
(G.R. No. 185011, December 23, 2009) – citing 2009 case of Quinicot
o In calling for their acquittal, accused-appellants decry their arrest without probable cause and the
violation of their constitutional rights. They claim that the buy-bust team had more than a month to
apply for an arrest warrant yet failed to do so. (said one month not specified in the facts; only addressed
in the ruling portion)

Owing to the special circumstances surrounding the drug trade, a buy-bust operation has long been held
as a legitimate method of catching offenders. It is a form of entrapment employed as an effective way of
apprehending a criminal in the act of commission of an offense.15 We have ruled that a buy-bust
operation can be carried out after a long period of planning. The period of planning for such operation
cannot be dictated to the police authorities who are to undertake such operation.16 It is unavailing
then to argue that the operatives had to first secure a warrant of arrest given that the objective of the
operation was to apprehend the accused-appellants in flagrante delicto. In fact, one of the situations
covered by a lawful warrantless arrest under Section 5(a), Rule 113 of the Rules of Court is when a
person has committed, is actually committing, or is attempting to commit an offense in the presence of a
peace officer or private person.

https://lawphil.net/judjuris/juri2009/dec2009/gr_185011_2009.html