PEOPLE OF THE PHILIPPINES v. ROBERTO T. GARCIA
529 SCRA 519 (2007), SECOND DIVISION (Carpio Morales, J.)
When a person has committed, is actually committing, or is attempting to commit an offense, a private parson may, without warrant, arrest a person.
FACTS: Roberto T. Garcia and Melissa B. Cruz were caught in a buy-bust operation of possessing dangerous drug specifically Methylamphetamine Hydrochloride (shabu). They were subsequently charged before the Regional Trial Court for violation of the Comprehensive Dangerous Drugs Act. The RTC rendered judgment finding Garcia and Cruz guilty of the offense charged.
On appeal, Garcia faulted the trial court in not finding that he was illegally arrested. He insisted that none of the circumstances justifying a warrantless arrest under Section 5 of Rule 113 of the Revised Rules on Criminal Procedure was present. The Court of Appeals affirmed the lower court‘s decision.