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.

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By the Intellegal Editorial Board · July 22, 2015

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