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AGOJO
GR. NO. 181318 APRIL 16, 2009
R. A. 9165
Facts:
AGOJO was arrested via a buybust operation, who was subsequently convicted by the
trial court and was sentenced to suffer the penalty of death. On the other hand, AGOJO
assails his arrest by giving his own version of the story, which was eventually rendered
as "selfserving" version of the story.
ISSUE:
Whether or not the ARREST of AGOJO is proper even though the ARREST was made
WITHOUT A WARRANT?
HELD:
YES. In this case, appellant points to the arrest not being in flagrante
delicto, the existence of discrepancies in the serial numbers of the buybust
money and a prior attempt to frame him up as proofs of the frameup. However, the fact
that the arrest was not in flagrante delicto is of no consequence. The arrest was validly
executed pursuant to Section 5, paragraph (b) of Rule 113 of the Rules of Court, which
states:
Sec. 5. Arrest without warrant; when 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 in fact been committed and he has personal knowledge
of facts indicating that the person to be arrested has committed it; and, (c) When the
person to be arrested is a prisoner who has escaped from penal establishment or place
where he is serving final judgment or temporarily confined while his case is pending, or
has escaped while being transferred from one confinement to another. The second
instance of lawful warrantless arrest covered by paragraph (b) cited above necessitates
two stringent requirements before a warrantless arrest can be effected: (1) an offense has
just been committed; and (2) the person making the arrest has personal knowledge of
facts indicating that the person to be arrested has committed it. A review of the records
shows that both requirements were met in this case.
The errors raised by the appellant boil down to the issue of whether
appellant’s guilt was proven beyond reasonable doubt, as well as to
the question whether appellant was framed-up by the buy-bust
team. A thorough review of the records clearly shows that the
prosecution proved beyond reasonable doubt that appellant sold the
shabu to the poseur-buyer. The testimony of Alonzo on the sale of
illegal drugs and the identification of appellant as the seller is clear
and straightforward. The testimony of Alonzo was corroborated by
members of the buy-bust team, who both testified that they saw
appellant hand Alonzo the VHS tape containing the shabu despite only
partial payment for the shabu.