1 Crim Pro Warrantless Arrest

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PEOPLE OF THE PHILIPPINES v.

EDUARDO DELA CRUZ


G.R. No. 205414 April 4, 2016 PERALTA, J.:

DOCTRINE:

A buy-bust operation is a form of entrapment and if caught in flagrante delicto,


the police officers conducting the operation are authorized and duty-bound to
apprehend the violator and to search him for anything that may have been part of or
used in the commission of the crime.

FACTS:

Eduardo dela Cruz was charged with illegal sale of dangerous drugs under
Section 5 of Article II of RA No. 9165, however, denied any sale of dangerous drugs
transpired at the time and place of his arrest. He argued that his warrantless arrest
was unlawful for he was not, in fact, caught selling dangerous drugs but was merely
committing the offense of illegal gambling.

ISSUE:

Is there a valid warrantless arrest to Eduardo?

RULING:

Yes. The Court finds that the prosecution sufficiently proved the preceding
requisites warranting appellant’s conviction. As appropriately found by the lower
courts, the prosecution presented clear and convincing testimonies of the police
officers categorically recounting, in detail, how they conducted the buy-bust operation,
beginning from the receipt of the tip from the confidential informant, then to the
marking of the buy-bust money.

Based on the evidence, he was actually committing a crime in the presence of


the police officers who arrested him without a warrant. To repeat, straightforward and
unwavering testimonies were presented by the prosecution narrating, in detail, how
the police officers personally witnessed the sale by appellant of the dangerous drug,
being actual participants of the buy-bust operation. Indeed, a buy-bust operation is a
form of entrapment, in which the violator is caught in flagrante delicto and the police
officers conducting the operation are not only authorized, but duty-bound, to
apprehend the violator and to search him for anything that may have been part of or
used in the commission of the crime.

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