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MARGARITA AMBRE Y CAYUNI v. PEOPLE

This case has been cited 3 times or more.

2014-07-23
PEREZ, J.
In this case, the arrest of appellant was effected under paragraph (a) or what is termed "in flagrante delicto."[56] For a warrantless arrest of an accused caught in flagrante delicto under paragraph (a) of the afore-quoted Rule, two requisites must concur: (1) the person to be arrested must execute an overt act indicating that he has just committed, is actually committing, or is attempting to commit a crime; and (2) such overt act is done in the presence or within the view of the arresting officer.[57]
2014-04-02
REYES, J.
Even the failure of the prosecution to present a physical inventory and photograph of the seized drugs did not render inadmissible the packs of shabu that were seized from the accused-appellants, especially as we consider that the integrity and evidentiary value of the drugs did not appear to have been compromised. This was similar with the Court's ruling in People v. Torres[27] and Ambre v. People,[28] wherein we affirmed the conviction of the accused notwithstanding some deviations from the required procedure on physical inventory and photographs of the seized items.
2013-11-27
REYES, J.
"[A] buy-bust operation is a legally effective and proven procedure, sanctioned by law, for apprehending drug peddlers and distributors."[23] Since Loks was caught by the buy-bust team in flagrante delicto, his immediate arrest was also validly made. The accused was caught in the act and had to be apprehended on the spot. From the very nature of a buy-bust operation, the absence of a warrant did not make the arrest illegal.[24] Section 5(a), Rule 113 of the Rules of Court authorizes a warrantless arrest by a peace officer and even a private person "when, in his presence, the person to be arrested has committed or is attempting to commit an offense." The legitimate warrantless arrest also cloaks the arresting police officer with the authority to validly search and seize from the offender those that may be used to prove the commission of the offense.[25]