People v Kalubiran; G.R. No. 84079; 06 May 1991; 196 SCRA 645

FACTS:
Appellant was arrested as a result of a “buy-bust” operation. The arresting officer frisked him and recovered the marked money and found 17 more sticks of marijuana on appellant’s person.

ISSUE(S):
Whether or not the arrest and search violated appellant’s constitutional right.

RULING:
NO. The accused-appellant was arrested in flagrante delicto as a result of the entrapment and so came under Section 5, Rule 113 of the Rules of Court, authorizing a warrantless arrest of any person actually committing a crime. The search was made as an incident of a lawful arrest and so was also lawful under Section 12 of Rule 116.

Appealed judgment is AFFIRMED in toto.

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Category: Legal Chyme

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