Documentos de Académico
Documentos de Profesional
Documentos de Cultura
Title
People vs Chi Chan Liu
clearly show that they were arrested when they were actually committing a crime within the view
of the arresting officers, who had reasonable ground to believe that a crime was being committed.
-In addition, this Court does not find the consequent warrantless search and seizure conducted on
appellants unreasonable in view of the fact that the bags containing the regulated drugs were in
plain view of the arresting officers, one of the judicially recognized exceptions to the requirement
of obtaining a search warrant.
Summary:
-Arrest was valid because it was done in flagrante delicto which falls under Sec5 rule 113
-Search and seizure of plastic bags containing shabu was valid due to the plain view doctrine.
RULING
WHEREFORE, premises considered, the instant appeal is DENIED. The Decision dated January 9,
2009 and Resolution dated April 24, 2009 of the Court of Appeals in
C.A.-G.R. CR-H.C. No. 00657 are AFFIRMED with MODIFICATION that appellants herein are found
GUILTY of the crime of illegal possession of regulated drugs.
Notes
Plain View Doctrine- objects falling in the plain view of an officer, who has a right to be in the
position to have that view, are subject to seizure and may be presented as evidence.45 It applies
when the following requisites concur:
(a) the law enforcement officer in search of the evidence has a prior justification for an intrusion or
is in a position from which he can view a particular area;
(b) the discovery of the evidence in plain view is inadvertent; and
(c) it is immediately apparent to the officer that the item he observes may be evidence of a crime,
contraband, or otherwise subject to seizure.
The law enforcement officer must lawfully make an initial intrusion or properly be in a
position from which he can particularly view the area. In the course of such lawful intrusion, he
came inadvertently across a piece of evidence incriminating the accused. The
object must be open to eye and hand, and its discovery inadvertent.
Rule 113, Sec 5
Sec. 5. Arrest without warrant; when lawful.A peace officer of 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.
This Court has ruled that for an arrest to fall under the above exception, two (2) elements must be
present: (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.
ONG
http://www.chanrobles.com/cralaw/2015januarydecisions.php?id=62