The Supreme Court held that evidence obtained from an unlawful warrantless arrest is inadmissible in court, overturning the conviction of William Cruz and Virgilio Fernandez for violating the Illegal Gambling Law. This decision underscores the importance of adhering to constitutional safeguards against unreasonable searches and seizures. It reinforces that illegally obtained evidence cannot be used to secure a conviction, protecting individuals from potential abuses of power during law enforcement procedures.

When a Five-Meter Surveillance Leads to a Constitutional Breach

This case revolves around the arrest of William Cruz and Virgilio Fernandez, who were apprehended by police officers for allegedly engaging in illegal gambling activities. The officers, conducting surveillance, claimed to have observed the petitioners from a distance of five meters, carrying items purportedly used for collecting jueteng bets. Based on this observation, the police officers arrested Cruz and Fernandez without a warrant. This led to the confiscation of items believed to be gambling paraphernalia. The central legal question is whether the warrantless arrest and subsequent seizure of evidence were lawful, and whether the evidence obtained could be admitted in court.

The petitioners were initially found guilty by the Regional Trial Court (RTC), a decision that was affirmed by the Court of Appeals (CA). However, the Supreme Court (SC) reversed these decisions, emphasizing the critical importance of constitutional rights concerning searches and seizures. The SC’s decision hinged on the principle that any evidence obtained through an unlawful search or seizure is inadmissible in court. This principle, rooted in Section 2, Article III of the 1987 Constitution, ensures that individuals are protected from unreasonable intrusions by the State.

Section 2, Article III of the 1987 Constitution mandates that a search and seizure must be carried out through or on the strength of a judicial warrant predicated upon the existence of probable cause, absent which, such search and seizure becomes ‘unreasonable’ within the meaning of said constitutional provision.

Building on this principle, the SC highlighted that while there are exceptions to the warrant requirement, these exceptions must be strictly construed. One such exception is a search incidental to a lawful arrest. However, the Court emphasized that the arrest must be lawful in the first place before any search can be justified. This means that a lawful arrest must precede the search, and not the other way around.

The legality of the arrest, in this case, depended on whether it qualified as an in flagrante delicto arrest, where a person is caught in the act of committing a crime. According to Section 5(a), Rule 113 of the Revised Rules on Criminal Procedure, a peace officer may arrest a person without a warrant when that person is committing, has just committed, or is attempting to commit an offense in the officer’s presence. Case law further specifies that for a valid in flagrante delicto arrest, the person must execute an overt act indicating the commission of a crime, and this act must be observed by the arresting officer.

Section 5. Arrest without warrant; when 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[.]

The Supreme Court found that the arresting officers’ observations did not meet the criteria for a valid in flagrante delicto arrest. The officers were approximately five meters away from the petitioners when they allegedly saw them carrying papelitos, ball pens, and money. The Court questioned whether the officers could have reasonably determined that these items were being used for illegal gambling from that distance. The mere possession of these items, without any clear overt act indicating illegal gambling, was insufficient to justify the arrest.

The SC contrasted this case with Villamor v. People, where a similar arrest for illegal gambling was deemed unlawful. In Villamor, the Court doubted that the police officers could have accurately determined that a criminal activity was in progress, given their distance from the scene and the lack of clear evidence. Similarly, in the present case, the SC concluded that the officers acted on mere suspicion rather than personal knowledge of a crime being committed.

Consequently, the Court ruled that because the arrest was unlawful, the subsequent search and seizure of evidence were also invalid. This evidence, which formed the basis of the charges against Cruz and Fernandez, was deemed inadmissible. The Court emphasized that while the petitioners may have waived their right to question the legality of their arrest by not raising it before arraignment and participating in the trial, this waiver did not extend to the admissibility of the evidence seized during the illegal arrest.

This distinction is critical. A waiver of an illegal arrest only affects the court’s jurisdiction over the person of the accused, but it does not waive the right to challenge the admissibility of illegally obtained evidence. As the Court stated in Sindac v. People:

However, this waiver to question an illegal arrest only affects the jurisdiction of the court over his person. It is well-settled that a waiver of an illegal, warrantless arrest does not carry with it a waiver of the inadmissibility of evidence seized during an illegal warrantless arrest.

Because the seized items were the very corpus delicti (body of the crime) and were inadmissible due to the violation of the petitioners’ constitutional rights, the Supreme Court acquitted Cruz and Fernandez. This decision underscores the importance of upholding constitutional rights, even when dealing with offenses like illegal gambling.

FAQs

What was the key issue in this case?	The key issue was whether the warrantless arrest and subsequent search of the petitioners were lawful, and whether the evidence obtained was admissible in court. The Supreme Court focused on whether the arrest met the requirements of an in flagrante delicto arrest.
What is an in flagrante delicto arrest?	An in flagrante delicto arrest is a warrantless arrest where a person is caught in the act of committing a crime, has just committed a crime, or is attempting to commit a crime in the presence of a law enforcement officer. This is an exception to the general rule requiring a warrant for an arrest.
Why was the arrest in this case deemed unlawful?	The arrest was deemed unlawful because the police officers, observing from a distance of five meters, could not reasonably ascertain that the petitioners were engaged in illegal gambling activities. The mere possession of items like papelitos and money was not sufficient to establish probable cause.
What is the exclusionary rule?	The exclusionary rule states that evidence obtained in violation of a person’s constitutional rights, such as the right against unreasonable searches and seizures, is inadmissible in court. This rule is designed to deter unlawful conduct by law enforcement officers.
What does corpus delicti mean?	Corpus delicti refers to the body of the crime, or the essential elements that constitute the crime. In this case, the alleged illegal gambling paraphernalia was considered the corpus delicti of the crime charged.
Can a person waive their right to question an illegal arrest?	Yes, a person can waive their right to question the legality of their arrest by failing to object before arraignment and actively participating in the trial. However, this waiver does not extend to the admissibility of evidence seized during the illegal arrest.
What was the significance of Villamor v. People in this case?	Villamor v. People was cited as a precedent where a similar arrest for illegal gambling was deemed unlawful due to the lack of clear evidence and the distance of the arresting officers from the alleged crime scene. This case reinforced the need for a reasonable basis for an in flagrante delicto arrest.
What was the final outcome of the case?	The Supreme Court reversed the decisions of the lower courts and acquitted William Cruz and Virgilio Fernandez. This decision was based on the fact that the evidence against them was obtained through an unlawful search and seizure, violating their constitutional rights.

The Supreme Court’s decision in this case serves as a crucial reminder of the importance of protecting individual rights against unlawful government intrusion. It emphasizes that law enforcement actions must always be conducted within the bounds of the Constitution, ensuring that illegally obtained evidence is not used to secure convictions. This ruling helps maintain the balance between effective law enforcement and the protection of fundamental liberties.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: William Cruz y Fernandez and Virgilio Fernandez y Torres v. People, G.R. No. 238141, July 01, 2019