G.R. No. 180661 December 11, 2013
GEORGE ANTIQUERA y CODES, Petitioner,
PEOPLE OF THE PHILIPPINES, Respondent.
Police officers were conducting a police visibility patrol in Pasay City when they saw two unidentified men rush out of a house and boarded a jeep. Believing that there was a crime, the police officers approached the house. When they peeked through the partially opened door, they saw Antiquera and Cruz engaged in a pot session. The police officers entered the house, introduced themselves and arrested Antiquera and Cruz. While inspecting the vicinity, PO1 Cabutihan saw a jewellery box which contained shabu and unused paraphernalia. The RTC found them guilty of illegal possession of paraphernalia for dangerous drugs. The court affirmed the decision of RTC.
Whether or not the arrest was invalid.
Yes, there was unlawful arrest because the circumstances here do not make out a case of arrest made in flagrante delicto. Admittedly, the police officers did not notice anything amiss going on in the house from the street where they stood. Indeed, even as they peeked through its partially opened door, they saw no activity that warranted their entering it. Clearly, no crime was plainly exposed to the view of the arresting officers that authorized the arrest of accused Antiquera without warrant under the above-mentioned rule. Considering that his arrest was illegal, the search and seizure that resulted from it was likewise illegal.