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People v. Estrella, GR 138539-40, 21 January 2003
According to the accused, the policemen asked him as to where his house is located and accused told them that his house is located across the road. The police did not believe him and insisted that accused’s house (according to their asset) is that house located about 5-8 meters away from them. Accused told the policemen to inquire from the Barangay Captain Barnachea as to where his house is and heard the latter telling the policemen that his house is located near the Abokabar junk shop. After about half an hour, the policemen went inside the house nearby and when they came out, they had with them a bulk of plastic and had it shown to the accused.
Accused denied having surrendered to policeman Buloron tin cans containing marijuana and likewise having any firearm.
Whether the search and seizure undertaken in the hut where the subject marijuana was seized was valid.
No. With the failure of the prosecution to establish the propriety of the search undertaken — during which the incriminating evidence was allegedly recovered – it is held that the search was illegal. Without the badge of legality, any evidence obtained therein becomes ipso facto inadmissible.
“SEC. 5. Arrest without warrant; when lawful – A peace officer or a 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 just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances 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 is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.
“In cases falling under paragraphs (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with Section 7 Rule 112.”
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