People Vs Florencio Doria

Facts:

Florencio Doria y Bolado and Violeta Gaddao y Catama were charged with violation
Dangerous Drugs Act of 1972. The accused were arrested on an entrapment operation by NARCOM
agents during a buy-bust operation. Jun (Doria) was caught by P03 Manlangit as the poseur-buyer
and used marked bills to buy the drugs from the former. They frisked "Jun" but did not find the
marked bills on him. Upon inquiry, "Jun" revealed that he left the money at the house of his
associate named "Neneth. Upon entering Neneth’s (Violeta) house the authorities noticed a carton
box under the dining table which contained marijuana.

The accused denied the allegation and contended that the policemen asked Doria to direct
them to a person named “totoy”. The accused pointed at Totoy’s house and the authorities entered
the premises. Upon arrival, the policemen arrested Neneth (Totoy’s wife) to come with them upon
seeing a carton box containing a block of marijuana.

The Regional Trial Court, Branch 156, Pasig City convicted the accused-appellants. The trial
court found the existence of an "organized/syndicated crime group" and sentenced both accused-
appellants to death and pay a fine of P500,000.00 each.

Issue:

Whether or not the arrest was lawful

Held:

Yes, the arrest was lawful. Under Section 5 of Rule 113 of the Rules on Criminal Procedure:

(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.

Under Section 5 (a), as above-quoted, a person may be arrested without a warrant if he "has
committed, is actually committing, or is attempting to commit an offense." Appellant Doria was
caught in the act of committing an offense. When an accused is apprehended in flagrante delicto as
a result of a buy-bust operation, the police are not only authorized but duty-bound to arrest him even
without a warrant.