When a warrantless arrest is void

When a warrantless arrest is void "m My husband was hanging out with his friends when three males approached them and introduced themselves as police officers. He was asked to take out the contents of his pockets. My husband asked if a warrant of arrest has been issued under his name, but the police officers failed to show him one. Subsequently, my husband was arrested and was brought to the nearest police station. My husband was just standing outside our house and chatting with his friends when he was arrested by the police officers. Upon arrival at the police station, we were surprised when the police officers told us that my husband had been charged for violating Section 11 (Possession of Illegal Drugs), Article II of Republic Act 9165, for possessing three sachets of shabu. Was the arrest of my husband legal? Thank you.Chrissy Dear Chrissy,Your husband’s situation is governed by Section 5 of Rule 113 of the Rules of Court, which states: “Section 5. Arrest without warrant when lawful. – A peace officer or a private person may, without a warrant, arrest a person:(a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense (b) When an offense has just been committed, and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it and(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail… xxx”It appears that your husband was arrested without a warrant of arrest. In the case of People v Pavia, et al. (GR 202687, Jan. 14, 2015), the Supreme Court, through Associate Justice Jose Perez, explained: “Paragraph (a) of Section 5 is commonly known as an in flagrante delicto arrest. For a warrantless arrest of an accused caught in flagrante delicto to be valid, two requisites must concur: (1) the person to be arrested must execute an overt act indicating that he has just committed, is actually committing, or is attempting to commit a crime and (2) such overt act is done in the presence or within the view of the arresting officer.” Applying the above-cited provision and decision to your situation, there was no probable cause for the police officers to believe that your husband was committing a crime.He was merely standing outside your house and talking with his friends. Hence, the arrest of your husband was illegal and unlawful. Moreover, the sachets of shabu allegedly recovered from the possession of your husband were not seen by the arresting officers in plain view. Your husband was asked to empty his pockets. His arrest being illegal, the sachets of shabu are considered fruit of the poisonous tree and inadmissible as evidence in Court.We find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. Thus, the opinion may vary when the facts are changed or further elaborated. We hope that we were able to enlighten you on the matter.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to " - https://www.affordablecebu.com/