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SALVADOR V. REBELLION v. PEOPLE

This case has been cited 6 times or more.

2015-01-21
VILLARAMA, JR., J.
The essential elements of illegal possession of dangerous drugs are (1) the accused is in possession of an item or object that is identified to be a prohibited drug; (2) such possession is not authorized by law; and (3) the accused freely and consciously possess the said drug.[26]
2015-01-14
VILLARAMA, JR., J.
The essential elements in illegal possession of dangerous drugs are (1) the accused is in possession of an item or object that is identified to be a prohibited drug; (2) such possession is not authorized by law; and (3) the accused freely and consciously possess the said drug.[27]
2013-04-03
LEONARDO-DE CASTRO, J.
Lastly, nothing on record shows that accused-appellants questioned the legality of their arrests prior to entering their pleas of "not guilty" during their arraignment.  Hence, applicable herein is the following pronouncements of the Court in Rebellion v. People[54]: Petitioner's claim that his warrantless arrest is illegal lacks merit.  We note that nowhere in the records did we find any objection interposed by petitioner to the irregularity of his arrest prior to his arraignment.  It has been consistently ruled that an accused is estopped from assailing any irregularity of his arrest if he fails to raise this issue or to move for the quashal of the information against him on this ground before arraignment.  Any objection involving a warrant of arrest or the procedure by which the court acquired jurisdiction over the person of the accused must be made before he enters his plea; otherwise, the objection is deemed waived.  In this case, petitioner was duly arraigned, entered a negative plea and actively participated during the trial.  Thus, he is deemed to have waived any perceived defect in his arrest and effectively submitted himself to the jurisdiction of the court trying his case.  At any rate, the illegal arrest of an accused is not sufficient cause for setting aside a valid judgment rendered upon a sufficient complaint after a trial free from error.  It will not even negate the validity of the conviction of the accused.  (Citations omitted.)
2011-08-31
PERALTA, J.
At the outset, it is apparent that petitioner raised no objection to the irregularity of his arrest before his arraignment.  Considering this and his active participation in the trial of the case, jurisprudence dictates that petitioner is deemed to have submitted to the jurisdiction of the trial court, thereby curing any defect in his arrest.[11]  An accused is estopped from assailing any irregularity of his arrest if he fails to raise this issue or to move for the quashal of the information against him on this ground before arraignment. Any objection involving a warrant of arrest or the procedure by which the court acquired jurisdiction over the person of the accused must be made before he enters his plea; otherwise, the objection is deemed waived.[12]
2011-08-15
PERALTA, J.
It has been consistently ruled that an accused is estopped from assailing any irregularity of his arrest if he fails to raise this issue or to move for the quashal of the information against him on this ground before arraignment. Any objection involving a warrant of arrest or the procedure by which the court acquired jurisdiction over the person of the accused must be made before he enters his plea; otherwise, the objection is deemed waived.[10]
2010-11-15
VELASCO JR., J.
First of all, accused-appellant never raised this issue before his arraignment. He never questioned the legality of his arrest until his appeal. On this alone, the contention must fail. It has been ruled time and again that an accused is estopped from assailing any irregularity with regard to his arrest if he fails to raise this issue or to move for the quashal of the information against him on this ground before his arraignment.[34] Any objection involving the procedure by which the court acquired jurisdiction over the person of the accused must be made before he enters his plea; otherwise, the objection is deemed waived.[35]