Facts: The Western Police District received a telephone call from an informer that there were three suspicious looking persons at the corner of Juan Luna and North Bay Boulevard in Tondo, Manila. A surveillance team of plainclothesmen was forthwith dispatched to the place. The patrolmen saw two men looking from side to side, one of whom holding his abdomen. They approached the persons and identified themselves as policemen, whereupon the two tried to run but unable to escape because the other lawmen surrounded them. The suspects were then searched. One of them the accused-appellant was found with a .38 caliber with live ammunitions in it, while his companion had a fan knife. The weapons were taken from them and they were turned over to the police headquarters for investigation. An information was filed before the RTC convicting the accused of illegal possession of firearm arm. A witness testified that the weapon was among the articles stolen at his shop, which he reported to the police including the revolver. For his part, Mengote made no effort to prove that he owned the fire arm or that he was licensed to possess it but instead, he claimed that the weapon was planted on him at the time of his arrest. He was convicted for violation of P.D.1866 and was sentenced to reclusion perpetua. In his appeal he pleads that the weapon was not admissible as evidence against him because it had been illegally seized and therefore the fruit of a poisonous tree.
Issue: Whether or not the warrantless search and arrest was illegal.
Held: An evidence obtained as a result of an illegal search and seizure inadmissible in any proceeding for any purpose as provided by Art. III sec 32 of the Constitution. Rule 113 sec.5 of the Rules of Court, provides arrest without warrant lawful when: (a) the person to be arrested has committed, is actually committing, or is attempting to commit an offense, (b) when the offense in fact has just been committed, and he has personal knowledge of the facts indicating the person arrested has committed it and (c) the person to be arrested has escaped from a penal establishment or a 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.
These requirements have not been established in the case at bar. At the time of the arrest in question, the accused appellant was merely looking from side to side and holding his abdomen, according to the arresting officers themselves. There was apparently no offense that has just been committed or was being actually committed or at least being attempt by Mengote in their presence. Moreover a person may not be stopped and frisked in a broad daylight or on a busy street on unexplained suspicion.
Judgment is reversed and set aside. Accused-appellant is acquitted.
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