PEOPLE OF THE PHILIPPINES vs. EDISON SUCRO [G.R. No.

93239
March 18, 1991]

Facts:
Pat. Roy fulgencio, a member of the INP Kalibo, Aklan was
instructed by P/Lt Vicente Seraspi Jr., Station commander, to monitor the
activities of appellant. Fulgencio positioned himself to a house, adjacent of
which i a chapel. Fulgencio saw appellant enter the chapel taking
something which turn out later to be marijuana from a compartment of a
cart found inside the chapel and return to the street where he handed the
same to a buyer.
Fulgencio radioed Seraspi and reported the activity, Seraspi
instructed Fulgencio to continue monitoring.
At about 6:30 PM Fulgencio again called up Sraspi to report the
third buyer later identified as Ronnie Macabante, was transacting with
appellant.
At that point, the team seraspi proceeded to the area and fulgencio
told seraspi to intercept Macabante and Appellant. Team Seraspi caught
up with macabante at a crossing. Upon seeing the police Macabante
throw something at the ground which turned to a tea bag of marijuana.
Macabante admitted that he brought the same from appellant. The police
team was able to overtake and arrest appellant.

Issue:
1. Whether or not the arrest without warrant of the accused is lawful
2. Whether or not the evidence resulting from arrest is admissible

Ruling:
The Supreme Court held that under Section 5 Rule 113 of the Rules on
Criminal Procedure for the instance that arrest without warrant is
considered 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 just been committed and he has
probable cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested has committed it; and (c)
When the person to be arrested is a prisoner who has escaped from a
penal establishment or place where he is serving final judgment or is
temporarily confined while his case is pending, or has escaped while
being transferred from one confinement to another. In cases falling under
paragraphs (a) and (b) above, the person arrested without a warrant shall
be forthwith delivered to the nearest police station or jail and shall be
proceeded against in accordance with section 7 of Rule 112.
An offense is committed in the presence or within the view of an officer
when the officer sees the offense, although at the distance, or hears the
disturbance created thereby and proceed at once at the scene the act of
surveillance
Second requirement: the act of macabante, throwing of the marijuana and
the admission, constitute that he just committed an illegal act which the
police officer had personal knowledge, being members of the team which
monitors Sucros nefarious activity
People vs bati police officers have personal knowledge of the actual
commission of the crime when it had earlier conducted surveillance
activities.
Evidence - admissible because the arrest is valid