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  • Consti - People Vs de Lar

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    The National Criminal Investigation Service conducted surveillance and a buy-bust operation for drug pushing in Manila. An undercover officer bought marijuana from the appellant at his house. When police tried to retrieve the drugs, the appellant ran inside. He was arrested after a pursuit. He admitted to the crime and showed more drugs. He was found guilty and sentenced to life in prison and a fine. The Supreme Court affirmed the lawful arrest during hot pursuit and seizure of drugs. It modified the sentence under the amended Dangerous Drugs Act to a lower penalty range.

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    Consti - People vs de Lar

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    The National Criminal Investigation Service conducted surveillance and a buy-bust operation for drug pushing in Manila. An undercover officer bought marijuana from the appellant at his house. When police tried to retrieve the drugs, the appellant ran inside. He was arrested after a pursuit. He admitted to the crime and showed more drugs. He was found guilty and sentenced to life in prison and a fine. The Supreme Court affirmed the lawful arrest during hot pursuit and seizure of drugs. It modified the sentence under the amended Dangerous Drugs Act to a lower penalty range.

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    118 views1 page

    Consti - People Vs de Lar

    Uploaded by

    Lu Cas
    The National Criminal Investigation Service conducted surveillance and a buy-bust operation for drug pushing in Manila. An undercover officer bought marijuana from the appellant at his house. When police tried to retrieve the drugs, the appellant ran inside. He was arrested after a pursuit. He admitted to the crime and showed more drugs. He was found guilty and sentenced to life in prison and a fine. The Supreme Court affirmed the lawful arrest during hot pursuit and seizure of drugs. It modified the sentence under the amended Dangerous Drugs Act to a lower penalty range.

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    of 1

    People Vs De Lar

    G.R. No.: 94953 (September 5, 1994)

    Facts:
    On December 15, 1986, the National Criminal Investigation Service (NCIS) of the Western Police District
    (WPD) conduct a surveillance operation in the vicinity of Garrido and Zamora Streets at Sta. Ana, Manila,
    after receiving reports of rampant drug-pushing in that area. However, none was arrested for it is only a
    surveillance operation. On January 8, 1987, the WPD held a buy-bust operation of a six-man team with
    Pfc. Martin Orolfo Jr. as the poseur-buyer.

    At around 4:45 P.M. of the same day, the team, together with their confidential informant, went to
    Garrido Street. Pfc. Orolfo and confidential informant proceeded to the house of appellant located at No.
    2267 Garrido Street, where they saw him standing outside. Pfc. Orolfo buys “Two foils" of marijuana
    handing at the same time the marked twenty-peso bill to appellant. After receiving the mark money, the
    appellant went inside the house returning with the two foils wrapped in onion paper. Sensing the
    presence of the police operatives, the appellant then tried to retrieve the two foils but Pfc. Orolfo, Jr.
    prevented him from doing so resulting to one foil being torn. Appellant then ran inside his house with Pfc.
    Orolfo, Jr. in pursuit. The latter was able to subdue appellant. Appellant admitted to the crime and show
    blue plastic bag with white lining containing prohibited drugs. He then was escorted to the WPD
    headquarters for investigation. On October 2, 1989, the judgment is hereby rendered finding the accused
    guilty beyond reasonable doubt of violation of Sec. 4 Art. II of R.A. 6425 as amended as charged in the4
    information and sentences him of life imprisonment and to pay a fine of P20,000.00. The appellant then
    appealed to the highest court.

    Issue:
    Whether or Not there is a lawful arrest and seizure

    Ruling:
    Yes. There is a lawful arrest in the case following Sec. 5, Rule 113 of 1985 Rules on Criminal Procedure
    dealing with warrantless arrest. The policemen's entry into the house of appellant without a search
    warrant was in hot-pursuit of a person caught committing an offense in flagrante. The arrest that followed
    the hot-pursuit was valid. On the other hand, there is a lawful seizure on the ground that the plastic bag
    containing prohibited drugs seize inside the house was the result of appellant's. As decided in the case of
    People v. Castiller, 188 SCRA 376, “A contemporaneous search may be conducted upon the person of the
    arrestee and the immediate vicinity where the arrest was made.”

    The decision of the trial court is affirmed with the modification following the R.A. No. 7659 amending the
    Dangerous Drugs Act of 1972. The sentence from life imprisonment was reduced to prision correctional,
    as minimum, and prision mayor as maximum. This is in accordance to Article 22 of the Revised Penal Code,
    which states that "penal laws shall have a retroactive effect insofar as they favor the person guilty of a
    felony,”. Thus, appellant is entitled to benefit from the reduction of the penalty.

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