This case has been cited 3 times or more.
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2015-07-22 |
PERLAS-BERNABE, J. |
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| For a warrantless arrest under Section 5 (a) to operate, two (2) elements must concur, namely: (a) 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 (b) such overt act is done in the presence or within the view of the arresting officer.[27] On the other hand, Section 5 (b) requires for its application that at the time of the arrest, an offense had in fact just been committed and the arresting officer had personal knowledge of facts indicating that the accused had committed it.[28] | |||||
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2014-11-19 |
MENDOZA, J. |
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| It has not been established either that the rigorous conditions set forth in paragraph (b) of Section 5 have been complied with in this warrantless arrest. When the police officers chased the tricycle, they had no personal knowledge to believe that Sanchez bought shabu from the notorious drug dealer and actually possessed the illegal drug when he boarded the tricycle. Probable cause has been held to signify a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man's belief that the person accused is guilty of the offense with which he is charged.[28] The police officers in this case had no inkling whatsoever as to what Sanchez did inside the house of the known drug dealer. Besides, nowhere in the prosecution evidence does it show that the drug dealer was conducting her nefarious drug activities inside her house so as to warrant the police officers to draw a reasonable suspicion that Sanchez must have gotten shabu from her and possessed the illegal drug when he came out of the house. In other words, there was no overt manifestation on the part of Sanchez that he had just engaged in, was actually engaging in or was attempting to engage in the criminal activity of illegal possession of shabu. Verily, probable cause in this case was more imagined than real. | |||||
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2014-07-07 |
BRION, J. |
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| As the Court explained in People v. Villareal:[23] | |||||