PEOPLE VS SUCRO

PEOPLE OF THE PHILIPPINES vs. EDISON SUCRO

G.R. No. 93239          March 18, 1991

Facts:
            Pat. Roy fulgencio, a member of the INP Kalibo, Aklan was instructed by P/Lt Vicente Seraspi Jr., Station commander, to monitor the activities of appellant. Fulgencio positioned himself to a house, adjacent of which i a chapel. Fulgencio saw appellant enter the chapel taking something which turn out later to be marijuana from a compartment of a cart found inside the chapel and return to the street where he handed the same to a buyer.
            Fulgencio radioed Seraspi and reported the activity, Seraspi instructed Fulgencio to continue monitoring.
            At about 6:30 PM Fulgencio again called up Sraspi to report the third buyer later identified as Ronnie Macabante, was transacting with appellant.
            At that point, the team seraspi proceeded to the area and fulgencio told seraspi to intercept Macabante and Appellant. Team Seraspi caught up with macabante at a crossing. Upon seeing the police Macabante throw something at the ground which turned to a tea bag of marijuana. Macabante admitted that he brought the same from appellant. The police team was able to overtake and arrest appellant.

Issue:
1.    Whether or not the arrest without warrant of the accused is lawful
2.    Whether or not the evidence resulting from arrest is admissible

Ruling:
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

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