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MONTILLA
January 30, 1998 | Regalado, J. | Arrests; Warrantless Arrests; In flagrante delicto
PETITIONER: People of the Philippines
RESPONDENT - Appellant: Ruben Montilla
SUMMARY: A reliable informant told the police that a person was going to arrive in Dasmarinas from Baguio City, transporting
marijuana. Ruben Montilla was in a waiting shed when the police apprehended him, suspecting that he was the person referred to
by the informant. They proceeded with the search when Ruben confirmed he just arrived from Baguio City. He was charged, and
eventually found guilty by the RTC, of transporting prohibited drugs. According to the Supreme Court, his arrest was valid. The
element of transporting drugs was obviously satisfied. The policemen were no longer able to get a warrant because the information
given to them was sketchy and they did not even know the name of the person to be arrested.
DOCTRINE: A legitimate warrantless arrest, necessarily cloaks the arresting police officer with authority to validly search and
seize from the offender (1) dangerous weapons, and (2) those that may be used as proof of the commission of an offense. On the
other hand, the apprehending officer must have been spurred by probable cause in effecting an arrest, which could be classified as
one of the permissble arrests set out in Section 5 (a). These instances have been applied to arrests carried out on persons caught in
flagrante delicto.
FACTS:
1. Ruben Montilla was charged with violation of the
Dangerous Drugs Act for transporting marijuana.
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