People vs. Enrile, 222 SCRA 586 (1993)
At about 6:30 p.m. of 25 October 1985, a buy-bust team composed of Pat. Jaime Flores and Pat.
Wilson Rances of the Quezon City Police Anti-Narcotics Unit was dispatched to entrap Rogelio Abugatal at Roosevelt Avenue in San Francisco del Monte, Quezon City. The plan was made on the strength of a tip given by Renato Polines, a police informer, who was himself to pose as the buyer. On that occasion the policemen saw Polines hand over to Abugatal the marked money representing payment for the mock transaction.
Abugatal left with the money and returned 10 minutes later with a wrapped object which he gave Polines. The two policemen then approached Abugatal and placed him under arrest, at the same time confiscating the wrapped object. Subsequent laboratory examination revealed this to be marijuana with flowering tops
weighing 22 grams. Upon prodding, Abugatal led the policemen to a house at 20 De Vera Street, also in San Francisco del Monte, Quezon City, where he called out for Antonio Enrile. Enrile came out and met them at the gate. Abugatal pointed to Enrile as the source of the marijuana, whereupon the policemen immediately arrested and frisked him. They found in the right front pocket of his trousers the marked money earlier delivered to Abugatal. At the police headquarters, Abugatal signed a sworn confession. Enrile refused to make any statement pending consultation with a lawyer. Antonio Enrile y Villaroman and Rogelio Abugatal y Marquez were charged for violation of the Dangerous Drug Act by the Regional Trial Court of Quezon City.
The RTC, after trial and on 14 February 1986, found Enrile and Abugatal guilty beyond reasonable doubt and sentenced them to life imprisonment and a fine of P30,000.00. Both appealed. Abugatal, however, was killed in an attempted jailbreak and thus the appeal is dismissed as to him.
Whether the mark money found in Enrile’s possession, pursuant to a warrantless arrest, search and
seizure, provide for his criminal culpability.
No. It was Abugatal who was allegedly caught red-handed by the policemen as he sold the marijuana to
Polines. Enrile was not even at the scene of the entrapment at that time. Abugatal said he did lead the
policemen to Enrile's house where he pointed to Enrile as the source of the marijuana. Even assuming this to be true, that circumstance alone did not justify Enrile's warrantless arrest and search. Under Rule 113, Section 5, of the Rules of Court, a peace officer or a private person may make a warrantless arrest only under any of the following circumstances: (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 in fact just been committed, and
he has personal knowledge of facts indicating 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 temporarily confined while his case is pending, or has escaped while being
transferred from one confinement to another. Paragraphs (a) and (b) are clearly inapplicable. Paragraph (b) is
also not in point because the policemen who later arrested Enrile at his house had no personal knowledge that
he was the source of the marijuana. According to the policemen themselves, what happened was that they
asked Abugatal who gave him the marijuana and were told it was Enrile. It was for this reason that they
proceeded to Enrile's house and immediately arrested him. What the policemen should have done was secure
a search warrant on the basis of the information supplied by Abugatal and then, with such authority,
proceeded to search and, if the search was fruitful, arrest Enrile. They had no right to simply force themselves
into his house on the bare (and subsequently disallowed) allegations of Abugatal and bundle Enrile off to the
police station as if he had been caught in flagrante delicto. The discovery of the marked money on him did
not mean he was caught in the act of selling marijuana. The marked money was not prohibited per se. Even if
it were, that fact alone would not retroactively validate the warrantless search and seizure.