74 People v Dela Cruz

Accused appellant was arrested during a raid organized to apprehend Boy Bicol, during which he
was seen holding a shotgun through a window. He denied allegations and he was at Boy Bicols
house only to get a motorcycle. Before the CA, he claims his arrest illegal.
Is the arrest valid CT there is no warrant and CFT his arrest is under in flagrante delicto.
Ruling: No, the arrest is invalid.
Rule 113 of ROC, Sec. 5(a), an arrest without warrant is lawful when the person to be arrested
has committed, is actually committing, or is attempting to commit an offense.
ITC, the warrantless arrest of the accused was effected under arrest of a suspect in flagrante
delicto. However, there was no proof that he was committing an offense and the prosecution
failed to adequately prove the accusation.
75 People v PO1 Trestiza
Pineda, Trestiza, et al were accused of kidnapping for ransom. Pineda was first arrested during
entrapment operation and subsequently revealed his cohorts. Trestiza was then arrested and he
assails his arrest.
Is the arrest valid CT it does not fall under any of circumstances where arrest without warrant is
lawful and CFT there is no valid objection to the warrantless arrest.
Ruling: Yes, the arrest is valid.
In People v Manlulu, it was held that the illegality of the warrantless arrest cannot deprive the
State of its right to prosecute the guilty when all other facts on record point to their culpability.
ITC, the illegal arrest of Trestiza is not sufficient to set aside a valid judgment rendered upon a
sufficient complaint after trial. The invalid warrantless arrest is moot in view of credible
eyewitness account.
Comerciante v People
Comerciante was seen by police officers during patrol with a companion standing and showing
improper and unpleasant movements as one of them handed a plastic sachet to the other.
Suspecting the sacrhet contains shabu, the officers introduced themselves and upon
confiscation, it was confirmed that it indeed contained white crystalline substance. Comerciante
and his cohort was arrested.
Is the arrest valid CT it is an invalid arrest and CFT that it is dependably made pursuant to stop
and frisk and flagrante delicto rule.
Ruling: No, the arrest is not valid.
Section 5 (b), Rule 113, set forth rigorous conditions that an offense should in fact just been
committed and the arresting officer had personal knowledge of facts indicating that the accused
had committed it to effect a valid warrantless arrest.
ITC, the arresting officers failed to show that they had personal knowledge that a crime had been
committed by Comerciante. It is not enough they had a reasonable ground to believe that the
accused had just committed a crime. A crime must have been committed first which was not
established in this case.
77 Homer v People

Accused was seen by police officer and a civilian agent jaywalking and was immediately accosted
and told to cross at pedestrian crossing area. He picked up something from the ground which
prompted the officers to frisk him yielding a knife. After thorough body search, they confiscated a
sachet of shabu and thereafter arrested the accused.
Is the arrest valid CT it falls under lawful warrantless arrest and CFT there is no valid arrest.
Ruling: No, the arrest is not valid.
Sec. 5, Rule 113 of the Revised Rules of Criminal Procedure provides the only occasions when a
person may be lawfully arrested without a warrant. One is when arrest is in flagrante delicto.
ITC, there was no proof to establish the requirements for a valid in flagrante delicto arrest. His
alleged warrantless arrest was due to his commission of jaywalking in the presence of the
officers; it was not proven that accused was committing a crime of illegal possession of
prohibited drugs.