Case Title Case# 63 People v.

Sucro
G.R. no. 93239
Main Topic Section 2 - Searches and Seizures
Other Related Topic Rule 113 & 126 Rules on Crimpro
Date: March 18, 1991

DOCTRINES
1. REMEDIAL LAW; CRIMINAL PROCEDURE; ARREST WITHOUT A WARRANT;
WHEN LAWFUL. — Section 5, Rule 113 of the Rules on Criminal Procedure provides for the
instances where arrest without warrant is considered lawful. The rules states: "Arrest without
warrant, when lawful. — A peace of cer or private person may, without 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 in fact just been committed, and he
has personal knowledge of facts indicating that the person to be arrested has committed it."

2. ID.; ID.; ID.; AN OFFENSE COMMITTED IN THE PRESENCE OR WITHIN THE VIEW
OF AN OFFICER, CONSTRUED. — An offense is committed in the presence or within the
view of an of cer, within the meaning of the rule authorizing an arrest without a warrant, when
the of cer sees the offense, although at a distance, or hears the disturbances created thereby and
proceeds at once to the scene thereof (U.S. v. Fortaleza, 12 Phil. 472 [1909]; and U.S. v.
Samonte, 16 Phil. 516 [1910]).

3. ID.; ID.; ID.; PERSONAL KNOWLEDGE OF ACTUAL COMMISSION OF CRIME. —

The court earlier indicated in the case of People v. Bati (G.R. No. 87429, August 27, 1990) that
police of cers have personal knowledge of the actual commission of the crime when it had earlier
conducted surveillance activities of the accused.

4. ID.; ID.; SEARCHES AND SEIZURES, AS A GENERAL RULE MUST BE SUPPORTED

BY A VALID WARRANT; EXCEPTION. — That searches and seizures must be supported by
a valid warrant is not an absolute rule (Manipon, Jr. v. Sandiganbayan, 143 SCRA 267 [1986]).
Among the exceptions granted by law is a search incidental to a lawful arrest under Sec. 12, Rule
126 of the Rules on Criminal Procedure, which provides that a person lawfully arrested may be
searched for dangerous weapons or anything which may be used as proof of the commission of
an offense, without a search warrant. (People v. Castiller, G.R. No. 87783, August 6, 1990)

FACTS:
• Pat. Fulgencio went to Arlie Regalado’s house at C. Quimpo to monitor activities
of Edison SUCRO (accused). Sucro was reported to be selling marijuana at a chapel
2 meters away from Regalado’s house.
• Sucro was monitored to have talked and exchanged things three times. These activities
are reported through radio to P/Lt. Seraspi. A third buyer was transacting
with appellant and was reported and later identified as Ronnie Macabante. From that
moment, P/Lt.Seraspi proceeded to the area. While the police officers were at the Youth
Hostel in Maagama St. Fulgencio told Lt. Seraspi to intercept.
 • Macabante was intercepted at Mabini and Maagama crossing in front of Aklan Medical
center. Macabante saw the police and threw a tea bag of marijuana on the ground.
Macabante admitted buying the marijuana from Sucro in front of the chapel.
• The police team intercepted and arrested SUCRO at the corner of C. Quimpo and
Veterans. Recovered were 19 sticks and 4 teabags of marijuana from a cart inside the
chapel and another teabag from Macabante.
• Upon arraignment, the accused-appellant, assisted by counsel, entered a plea of “not
guilty” to the offense charge. The trial ensued and a judgment of conviction was
rendered.
• From the foregoing judgment of conviction, accused-appellant interposes this appeal,
assigning the following as errors allegedly committed by the court a quo, to wit:
I

THE LOWER COURT ERRED IN ADMITTING AS EVIDENCE FOR THE PROSECUTION

EXHIBITS "E"-"E-4", TEA BAGS OF ALLEGED MARIJUANA, TO BE THE CORPUS
DELICTI; FURTHERMORE, THAT THE SAME WERE TAKEN WITHOUT THE
REQUIRED WARRANT OF SEARCH AND ARREST SINCE THE ACCUSED WAS NOT IN
THE ACT OF COMMITTING ANY OFFENSE AT THE TIME OF HIS ARREST.

II

THE LOWER COURT ERRED IN FINDING THE ACCUSED EDISON SUCRO GUILTY OF
THE SALE OF PROHIBITED DRUGS UNDER SECTION 4, ARTICLE II, OF THE
DANGEROUS DRUGS ACT AND SENTENCING HIM TO SUFFER A PENALTY OF LIFE
IMPRISONMENT AND TO PAY A FINE OF P20,000.00. (Appellant's Brief, p. 1)

ISSUE:
1. Whether or not arrest without warrant is lawful?
2. Whether or not the evidence resulting from such arrest is admissible?

HELD:
• The Court ruled in the AFFIRMATIVE.
• The Supreme Court held that under Section 5 Rule 113 of the Rules on Criminal
Procedure for the instance that arrest without warrant is considered 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 of Rule
112.
• An offense is committed in the presence or within the view of an officer when the officer
sees the offense, although at the distance, or hears the disturbance created thereby and
proceed at once at the scene – the act of surveillance
• Second requirement: the act of macabante, throwing of the marijuana and the admission,
constitute that he just committed an illegal act which the police officer had personal
knowledge, being members of the team which monitors Sucro’s nefarious activity
• People vs bati – police officers have personal knowledge of the actual commission of the
crime when it had earlier conducted surveillance activities.
• Evidence - admissible because the arrest is valid