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DIOSDADO MALLARI, petitioner, vs. THE HON. 3. ID.; CRIMINAL PROCEDURE; ARREST; ARRESTING
COURT OF APPEALS and THE PEOPLE OF THE OFFICER NEED NOT HAVE THE WARRANT IN HIS POSSESSION
PHILIPPINES, respondents. AT THE TIME OF THE ARREST. The applicable provision is not
Section 5, Rule 118 of the Rules of Court on warrantless arrests, but
Section 7, Rule 113 which allows a police of cer to effect arrest without
Public Attorney's Office for plaintiff-appellee. the warrant in his possession at the time of the arrest.
The Solicitor General for accused-appellant. 4. ID.; ID.; ID.; IF THE ARREST IS LAWFUL, THE SEARCH
AND SEIZURE MADE INCIDENTAL THERETO IS LIKEWISE VALID.
Appellant's arrest being lawful, the search and seizure made incident
SYLLABUS thereto is likewise valid, albeit conducted without a
1. REMEDIAL LAW; EVIDENCE; FACTUAL FINDINGS OF warrant. In the case of People vs. Acol, where the unlicensed rearms
THE COURT OF APPEALS; WHEN SUPPORTED BY SUBSTANTIAL were found when the police team apprehended the accused for robbery
EVIDENCE, FINAL AND CONCLUSIVE AND MAY NOT BE and not for illegal possession of rearms and ammunition, this Court
REVIEWED ON APPEAL. The threshold issue is factual: whether or held that the unlicensed rearms may be seized without the necessity of
obtaining a search warrant. Expounding thereon, it stated that:
not there indeed existed a standing warrant for the arrest of the
petitioner. At the outset, this Court reiterates the general rule that when
'''. . . The illegality of the search is independent from the illegal
supported by substantial possession of prohibited arms. The illegality of the search did not make
legal an illegal possession of rearms. When, in pursuing an illegal
evidence, factual ndings of the Court of Appeals are nal and conclusive action or in the commission of a criminal offense, the offending police of
and may not be reviewed on appeal. A careful scrutiny of the records of
cers should happen to discover a criminal offense being committed by
the case at bench leads this Court to concur with the Court of Appeals
any person, they are not precluded from performing their duties as
in its nding that when the petitioner was arrested, there was then a
police officers for the apprehension of the guilty and the taking of the
standing warrant of arrest against him in connection with Criminal Case
No. 471. This fact is manifest from the testimonies of the arresting corpus delicti. SacDIE
officers which the defense failed to rebut during trial. ESTDcC
5. CRIMINAL LAW; ILLEGAL POSSESSION OF FIREARM;
2. ID.; ID.; PRESUMPTIONS; DISPUTABLE ELEMENTS OF THE CRIME. In crimes involving illegal possession
PRESUMPTIONS; LAW ENFORCERS ARE PRESUMED TO HAVE of rearm, the prosecution has the
REGULARLY PERFORMED THEIR DUTIES. Further bolstering the
arresting of cers' testimonies is the absence of any motive on their part burden of proving the elements thereof, viz: (a) the existence of the subject
to falsely testify against the petitioner. And it has been repeatedly held rearm and
that without proof of such motive, law enforcers are presumed to have
regularly performed their duties. Thus, absent strong and convincing
(b) the fact that the accused who owned or possessed it does not
have the corresponding license or permit to possess the same. The longer necessary to prove that it is unlicensed. This appears to be at
latter is a negative fact which constitutes an essential ingredient of the rst blush, a very logical proposition. We cannot, however, yield to it
offense of illegal possession, and it is the duty of the prosecution not because Fajardo did not say that paltiks can in no case be issued a
only to allege it but also to prove it beyond reasonable doubt. license or permit and that proof that a rearm is a paltik dispenses with
proof that it is unlicensed. DECSIT
Pfc. Danilo Manipon: COURT: What about with respect to Criminal Case No. 471 you
do not have a warrant of arrest issued by this court?
"Q When you arrested Diosdado Mallari Mr. witness, were
you carrying a A There was, ma'am, I know that there was a
warrant of arrest issued, that is why we
warrant of arrest then? proceeded to Sitio 14, ma'am.
Q Neither you did not have with you a seize and Alright you proceeded to Sitio 14 because of the
search warrant and despite the fact that you warrant of arrest issued by this court to
have no search and seize warrant you have apprehend Diosdado Mallari in Criminal Case
still pursued in getting the ammunition you No. 471, is that correct?
have just mentioned, the homemade gun and
the live bullet? A Y
A Yes, sir. es
COURT: ma'a
m. 7
You are referring to what case?
[Emp
A Homicide, ma'am, Criminal Case No. 471.
hasis
COURT: suppli
Alright. ed]
Pat. did not bring with you the warrant of arrest
then?
Jose
SO ORDERED.