PEOPLE Vs DE LARA -
G.R. No.: 94953 September 5, 1994
Facts:
On December 15, 1986, the National Criminal Investigation Service (NCIS) of the Western Police District (WPD) conduct a surveillance operation in the vicinity of Garrido and Zamora Streets at Sta. Ana, Manila, after receiving reports of rampant drug-pushing in that area. However, none was arrested for it is only a surveillance operation. On January 8, 1987, the WPD held a buy-bust operation of a six-man team with Pfc. Martin Orolfo Jr. as the poseur-buyer.
At around 4:45 P.M. of the same day, the team, together with their confidential informant, went to Garrido Street. Pfc. Orolfo and confidential informant proceeded to the house of appellant located at No. 2267 Garrido Street, where they saw him standing outside. Pfc. Orolfo buys “Two foils" of marijuana handing at the same time the marked twenty-peso bill to appellant. After receiving the mark money, the appellant went inside the house returning with the two foils wrapped in onion paper. Sensing the presence of the police operatives, the appellant then tried to retrieve the two foils but Pfc. Orolfo, Jr. prevented him from doing so resulting to one foil being torn. Appellant then ran inside his house with Pfc. Orolfo, Jr. in pursuit. The latter was able to subdue appellant. Appellant admitted to the crime and show blue plastic bag with white lining containing prohibited drugs. He then was escorted to the WPD headquarters for investigation. On October 2, 1989, the judgment is hereby rendered finding the accused guilty beyond reasonable doubt of violation of Sec. 4 Art. II of R.A. 6425 as amended as charged in the4 information and sentences him of life imprisonment and to pay a fine of P20,000.00. The appellant then appealed to the highest court.
Issue:
Whether or Not there is a lawful arrest and seizure
Ruling:
Yes. There is a lawful arrest in the case following Sec. 5, Rule 113 of 1985 Rules on Criminal Procedure dealing with warrantless arrest. The policemen's entry into the house of appellant without a search warrant was in hot-pursuit of a person caught committing an offense in flagrante. The arrest that followed the hot-pursuit was valid. On the other hand, there is a lawful seizure on the ground that the plastic bag containing prohibited drugs seize inside the house was the result of appellant's. As decided in the case of People v. Castiller, 188 SCRA 376, “A contemporaneous search may be conducted upon the person of the arrestee and the immediate vicinity where the arrest was made.”
The decision of the trial court is affirmed with the modification following the R.A. No. 7659 amending the Dangerous Drugs Act of 1972. The sentence from life imprisonment was reduced to prision correctional, as minimum, and prision mayor as maximum. This is in accordance to Article 22 of the Revised Penal Code, which states that "penal laws shall have a retroactive effect insofar as they favor the person guilty of a felony,”. Thus, appellant is entitled to benefit from the reduction of the penalty.