- Petitioner
- Comerciante
- Respondent
- People
- Citation
- G.R. No. 205926
- Court
- Supreme Court
- Division
- First Division
- Ponente
- PERLAS-BERNABE
- Decided
- July 22, 2015
Summary
This case involves the criminal prosecution of Alvin Comerciante for illegal possession of dangerous drugs under RA 9165. Police officers on patrol arrested Comerciante after observing him and a companion allegedly exchanging plastic sachets containing shabu. Both the trial court and Court of Appeals convicted Comerciante, finding the warrantless arrest valid based on the officers' observations. However, the Supreme Court reversed the conviction, ruling that the warrantless arrest was unlawful because the officers could not reasonably identify the contents of small sachets from a distance of 10 meters while traveling at 30 km/hour on a motorcycle. The Court found that merely standing and handing objects to another person does not constitute criminal behavior warranting arrest. Since the arrest was invalid, the seized evidence was inadmissible as fruit of the poisonous tree, necessitating Comerciante's acquittal.