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

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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.

Whether or not the arrest and search violated appellant’s constitutional right.

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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