​MICLAT vs PEOPLE

​MICLAT vs PEOPLE
 
FACTS:
 
Police Operatives received an INFOREP memo from Camp Crame regarding the drug trading activities being undertaken in Brgy. Palmera Spring II. Arriving at Palmera Spring II, the officers were led to the house of petitioner Abe Miclat. PO3 Antonio positioned himself at the perimeter of the house, while the rest of the group deployed themselves nearby. Thru a small opening in the curtain-covered window, PO3 Antonio peeped inside and saw Abe arranging several pieces of small plastic sachets which he believed to be containing Shabu. PO3 Antonio gained entrance and told to Miclat that he was a police officer, and Miclat voluntarily handed the 4 sachets to PO3 Antonio. PO3 Antonio then made the arrest
 
Petitioner claims that he was watching television with his father and sister when they heard a noise downstairs and saw men in civilian clothes, who introduced themselves as police and arrested him, and the shabu was later planted while travelling in the police station.
 
Trial Court found the petitioner guilty of violating RA 9165. CA affirmed in toto
 
ISSUE: Whether or not the warrantless arrest made was valid
 
HELD: 
YES.
At the time of petitioner’s arraignment, there was no objection raised as to the irregularity of his arrest. He actively participated before the trial court. He is deemed to have waived any perceived defect in his arrest
 
At any rate, an arrest without warrant is lawful when (1) the person arrested execute an overt act that indicates he has just committed, actually committing, or is attempting a crime; (2) the overt act is done in the presence or within the view of the arresting officer
 
The petitioner was caught in flagrante delicto, and the shabu found falls within the “plain view doctrine” where: (a) the law enforcement officer in search of the evidence has a prior justification for an intrusion or is in a position from which he can view a particular area; (b) the discovery of evidence in plain view is inadvertent; (c) it is immediately apparent to the officer that the item he observes may be evidence of a crime, contraband or otherwise subject to seizure