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Sec 5 (A) Rule 113 Re Arrests

The court ruled that the arrest of Adriano was valid. Adriano was arrested pursuant to Section 5(a) of Rule 113, which allows arrest without a warrant if a person is committing an offense. In this case, Adriano was caught selling illegal drugs through a controlled buy-bust operation conducted by undercover police officers. During the operation, an undercover officer bought drugs from Adriano, then signaled other officers who immediately arrested Adriano. As Adriano was caught in the act of committing a drug sale, the arrest was considered valid and the drugs seized from him were admissible as evidence.

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69 views1 page

Sec 5 (A) Rule 113 Re Arrests

The court ruled that the arrest of Adriano was valid. Adriano was arrested pursuant to Section 5(a) of Rule 113, which allows arrest without a warrant if a person is committing an offense. In this case, Adriano was caught selling illegal drugs through a controlled buy-bust operation conducted by undercover police officers. During the operation, an undercover officer bought drugs from Adriano, then signaled other officers who immediately arrested Adriano. As Adriano was caught in the act of committing a drug sale, the arrest was considered valid and the drugs seized from him were admissible as evidence.

Uploaded by

Marco Renacia
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Case 12: People v.

Adriano | GR no: 208169 | 

Date: October 8, 2014 | Ponente: Perez, J.

Sec 5 (a) Rule 113 re Arrests

Doctrine (Simplified Take away):  Par. (a) Sec. 5 of Rule 113 requires that the person be
arrested (1) after he has committed or while he is actually committing or is at least attempting to
commit an offense, (2) in the presence of the arresting officer.

A buy-bust operation is a form of entrapment which in recent years has been accepted as a
valid and effective mode of apprehending drug pushers. In a buy-bust operation, the idea to
commit a crime originates from the offender, without anybody inducing or prodding him to
commit the offense. If carried out with due regard for constitutional and legal safeguards, a buy-
bust operation deserves judicial sanction

Facts: Acting on a report received from a barangay official and an informant that Adriano was
selling drugs, the police formed a team to conduct a buy-bust operation to entrap Adriano,
designating PO1 Morales as the poseur-buyer, and marking the buy-bust money consisting of
ten P100.00 bills with the initials “PC”. PO1 Morales bought P200.00 worth of shabu from
Adriano. Upon giving Adriano the marked money and after receiving a plastic sachet containing
white crystalline substance, PO1 Morales signaled his team to arrest Adriano. PO2 Ronnie
Fabroa immediately arrested Adriano.

Accused-appellant avers that the shabu allegedly seized from his possession is inadmissible
because the warrantless arrest on his person is invalid and that the arresting officers violated
Section 21 of RA 9165.

Issue: Whether or not the arrest is valid.

Ruling: YES the arrest is valid. With regard to the warrantless arrest, the defense’s contention
that the buy-bust team should have procured a search warrant for the validity of the buy-bust
operation is misplaced for accused-appellant is clearly arrested in flagrante delicto by virtue of
the entrapment proceedings. Adriano was arrested pursuant to Section 5(a), which provides that
a person may be arrested without a warrant if he "has committed, is actually committing, or is
attempting to commit an offense." In the case at bar, Adriano was caught in the act of
committing an offense, in flagrante delicto, when Adriano was caught selling illegal shabu
through a buy-bust operation, within the plain view of the arresting officers.

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