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  • Dacanay v. People

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    Jamiah Obillo Hulipas
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    The petitioner was charged with illegal possession of dangerous drugs after police saw him holding a plastic sachet suspected to contain drugs. During a warrantless arrest, police recovered the sachet from the petitioner as he tried to flee. Laboratory testing confirmed the sachet contained shabu. The petitioner argued the arrest was illegal as the police lacked a warrant, but the court ruled the arrest was valid as the police caught the petitioner in flagrante delicto based on their direct observation of events. As the arrest was lawful, any evidence recovered from the petitioner was also admissible in court. The court upheld the petitioner's conviction.

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    The petitioner was charged with illegal possession of dangerous drugs after police saw him holding a plastic sachet suspected to contain drugs. During a warrantless arrest, police recovered the sachet from the petitioner as he tried to flee. Laboratory testing confirmed the sachet contained shabu. The petitioner argued the arrest was illegal as the police lacked a warrant, but the court ruled the arrest was valid as the police caught the petitioner in flagrante delicto based on their direct observation of events. As the arrest was lawful, any evidence recovered from the petitioner was also admissible in court. The court upheld the petitioner's conviction.

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    193 views1 page

    Dacanay v. People

    Uploaded by

    Jamiah Obillo Hulipas
    The petitioner was charged with illegal possession of dangerous drugs after police saw him holding a plastic sachet suspected to contain drugs. During a warrantless arrest, police recovered the sachet from the petitioner as he tried to flee. Laboratory testing confirmed the sachet contained shabu. The petitioner argued the arrest was illegal as the police lacked a warrant, but the court ruled the arrest was valid as the police caught the petitioner in flagrante delicto based on their direct observation of events. As the arrest was lawful, any evidence recovered from the petitioner was also admissible in court. The court upheld the petitioner's conviction.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    DACANAY v.

    PEOPLE
    (G.R. NO. 1990180 SEPTEMBER 27, 2017)
    PONENTE: LEONARDO-DE CASTRO J.
    FACTS:
    Petitioner was charged with illegal possession of dangerous drugs, During his arraignment on
    December 11, 2002, petitioner pleaded not guilty to the crime charged against him. Thereafter, trial
    ensued.
    As gathered from the collective testimonies of the prosecution witnesses, at around 8:30 in the
    morning of October 23, 2002, a TFAV Unit, were on board an unmarked multi-cab, patrolling the streets of
    Mandaluyong City, when they noticed the petitioner holding a plastic sachet in his right hand and a
    baseball cap in his left hand. The TFAV Unit already knew petitioner for the latter had been previously
    arrested several times by authorities for illegal drug possession. As the TFAV Unit neared petitioner, the
    latter scurried away. Petitioner tried to throw away the plastic sachet as he was boarding a tricycle but the
    members of the TFAV Unit caught up with him. Genguyon arrested petitioner and recovered the plastic
    sachet, containing white crystalline substance, from the latter's possession. Genguyon placed his initials
    "RG" on the plastic sachet. After informing petitioner of his constitutional rights, Genguyon gave the
    plastic sachet to their team leader. Thereafter, the TFAV Unit brought petitioner to the Mandaluyong City
    Medical Center and to the Criminal Investigation Unit for medical examination and investigation,
    respectively. The plastic sachet, marked as "RG," was turned over to PO3 Cortes where he made a
    written request for the laboratory examination of the contents of said plastic sachet. P/Sr. Insp. Forro
    performed the laboratory examination of the contents of the plastic sachet and she confirmed the
    presence of shabu.
    In the meantime, Genguyon executed a Sworn Statement and an Arrest Report both relative to
    the apprehension of petitioner. The RTC promulgated its Decision finding petitioner guilty of the crime
    charged, for violation of Section 11 of Article II of Republic Act 9165. On appeal, the Court of Appeals
    affirmed the findings of the RTC in which [Petitioner] contends that his arrest was illegal for not falling
    under the exceptions mentioned in Section 5, Rule 113 for a warrantless arrest. He was allegedly not
    committing or attempting to commit a crime, and the apprehending officer had no personal knowledge
    that a crime was just committed and that the accused had committed it. Anything that turns up in the
    course of the subsequent search should be inadmissible as the fruit of an unlawful arrest.

    ISSUE:
    Whether or not the arrest was valid.
    RULING:
    YES. [Petitioner] was caught in flagrante delicto in possession of illegal drugs. The arresting
    officer had reasonable ground to believe based on his own personal observation that the [petitioner] was
    holding on to a plastic sachet that he believed contained shabu, judging from the past record of
    [petitioner], and that his suspicions were heightened when [petitioner] ran away after seeing him. The
    warrantless arrest is lawful under the provisions of Section 5 (a) Rule 113 of the Rules of Court which
    provides that - a police officer may without a warrant arrest a person when in his presence the person to
    be arrested has committed, is actually committing or attempting to commit a crime. In the course of a
    lawful warrantless arrest, the person of the accused may be searched for dangerous or illegal objects. It
    follows that the prohibited object or item taken from him on the occasion is admissible in evidence.

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