2025 Bar Chair's Cases Bar Q and A Remedial Law - Q1

Michael Frias and his live-in partner, Marichu Suson, were allegedly selling shabu in Purok Mahigugmaon, Bacolod City. Acting on a confidential informant's tip, PDEA Agent Von Rian Tecson conducted surveillance and confirmed suspicious activity. A buy-bust operation was then organized, where Agent Novemar Pinanonang, acting as a poseur-buyer, successfully purchased shabu from Frias using marked money. After the transaction, Agent Pinanonang signaled the team, leading to the immediate arrest of Frias and Suson. The agents conducted a search, recovering additional sachets of shabu and the buy-bust money. The confiscated items were properly marked and inventoried in the presence of barangay officials and media representatives.

The trial court convicted Frias of violating R.A. No. 9165, and the Court of Appeals affirmed. On appeal, Frias questioned the validity of his warrantless arrest and the incidental search, arguing that they violated his constitutional rights.

Did the warrantless arrest and incidental search conducted by the PDEA agents conform with rules on procedure? Explain your answer.

Ans:

Yes, the warrantless arrest and incidental search conducted by the PDEA agents conform with rules on procedure through the lawful arrest without warrant.

Under the rules on criminal procedure, a peace officer may without warrant arrest a person when in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense.

Here, Frias was arrested during an entrapment operation where he was caught in flagrante delicto selling and in possession of shabu. In one of the cases decided by the Supreme Court, the Court reiterated the rule that an arrest made after an entrapment operation does not require a warrant in as much as it is considered a valid "warrantless arrest," in line with the provisions of the Revised Rules of Court. Hence, the warrantless arrest conforms with the procedure.