THIRD DIVISION
G.R. No. 210731, February 13, 2019
SIMEON LAPI Y MAHIPUS, PETITIONER, v. PEOPLE OF THE PHILIPPINES, RESPONDENT.
D E C I S I O N
LEONEN, J.:
The right to question the validity of an arrest may be waived if the accused, assisted by counsel, fails to object to its validity before arraignment.
This is a Petition for Review on Certiorari1 assailing the April 29, 2013 Decision2 and December 10, 2013 Resolution3 of the Court of Appeals in CA-G.R. CEB-CR No. 01564, which upheld the Regional Trial Court September 15, 2010 Decision.4 The trial court found Simeon M. Lapi (Lapi) guilty beyond reasonable doubt of having violated Article II, Section 15 of Republic Act No. 91655 and sentenced him to six (6) months of rehabilitation at a government-approved facility.
In an Information dated April 20, 2006, Lapi, Allen Sacare (Sacare), and Kenneth Lim (Lim) were charged with violation of Article II, Section 15 of Republic Act No. 9165. The Information read:
That on or about the 17th day of April, 2006, in the City of Bacolod, Philippines, and within the jurisdiction of this Honorable Court, the herein accused conspiring, confederating and acting in concert, not being authorized by law to smoke, consume, administer to oneself, ingest or use a dangerous drug, did, then and there willfully, unlawfully and feloniously engage in ingesting and introducing to their bodies a dangerous drug known as methylamphetamine hydrochloride or shabu and after confirmatory test on the qualitative examination of the urine sample on the three accused, they were found positive to the test for Methylamphetamine, a dangerous drug, per Chemistry Report Nos. DT-042-2006, DT-043-2006 and DT-045-2006, respectively, in violation of the aforementioned law.
Act contrary to law.6
WHEREFORE, finding accused Simeon Lapi y Mahipus guilty beyond reasonable doubt of Violation of Section 15, Article II of R.A. 9165 (Use of Dangerous Drugs) as charged, judgment is hereby rendered imposing upon him the penalty of a minimum of Six (6) Months rehabilitation in any government recognized government center, this being apparently his first offense, to start within fifteen (15) here-from.
The doctor-in-charge of said rehabilitation facility is also required to render a written report of the progress of the program and the termination of the rehabilitation of the accused.
SO ORDERED.20
It is a well-settled rule that an appeal in a criminal case throws the whole case wide open for review and that it becomes the duty of the Court to correct such errors as may be found in the judgment appealed from, whether they are assigned as errors or not.45
Article III
Bill of Rights
....
SECTION 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.48
- Warrantless search incidental to a lawful arrest recognized under Section 12, Rule 126 of the Rules of Court and by prevailing jurisprudence;
- Seizure of evidence in "plain view," the elements of which are:
(a) a prior valid intrusion based on the valid warrantless arrest in which the police are legally present in the pursuit of their official duties; (b) the evidence was inadvertently discovered by the police who had the right to be where they are; (c) the evidence must be immediately apparent[;] and (d) "plain view" justified mere seizure of evidence without further search;- Search of a moving vehicle. Highly regulated by the government, the vehicle's inherent mobility reduces expectation of privacy especially when its transit in public thoroughfares furnishes a highly reasonable suspicion amounting to probable cause that the occupant committed a criminal activity;
- Consented warrantless search;
- Customs search;
- Stop and Frisk; and
- Exigent and Emergency Circumstances.50
RULE 113
ARREST
....
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 paragraphs (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule 112.51
While I was passing on that house and upon hearing that there was a noise inside the house, I peeped on the window and I was able to see three persons sitting with a small table on the middle of them, one of those person (sic) was holding an alumin[u]m foil which was rolled and was used as a straw and placed on his mouth while there was another foil with a lighted lighter in the bottom of that foil with the fume from that foil he was sniffing through his mouth and after that he passed that aluminum foil from him to another.53
SECTION 15. Use of Dangerous Drugs. — A person apprehended or arrested, who is found to be positive for use of any dangerous drug, after a confirmatory test, shall be imposed a penalty of a minimum of six (6) months rehabilitation in a goverrnnent center for the first offense, subject to the provisions of Article VIII of this Act. If apprehended using any dangerous drug for the second time, he/she shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos (P200,000.00): Provided, That this Section shall not be applicable where the person tested is also found to have in his/her possession such quantity of any dangerous drug provided for under Section 11 of this Act, in which case the provisions stated therein shall apply.
The Court has consistently ruled that any objection involving a warrant of arrest or the procedure for the acquisition by the court of jurisdiction over the person of the accused must be made before he enters his plea; otherwise, the objection is deemed waived. We have also ruled that an accused may be estopped from assailing the illegality of his arrest if he fails to move for the quashing of the information against him before his arraignment. And since the legality of an arrest affects only the jurisdiction of the court over the person of the accused, any defect in the arrest of the accused may be deemed cured when he voluntarily submits to the jurisdiction of the trial court. We have also held in a number of cases that the illegal arrest of an accused is not a sufficient cause for setting aside a valid judgment rendered upon a sufficient complaint after a trial free from error; such arrest does not negate the validity of the conviction of the accused.
Herein, accused-appellant went into arraignment and entered a plea of not guilty. Thereafter, he actively participated in his trial. He raised the additional issue of irregularity of his arrest only during his appeal to this Court. He is, therefore, deemed to have waived such alleged defect by submitting himself to the jurisdiction of the court by his counsel-assisted plea during his arraignment; by his actively participating in the trial and by not raising the objection before his arraignment.
It is much too late in the day to complain about the warrantless arrest after a valid information has been filed, the accused arraigned, trial commenced and completed, and a judgment of conviction rendered against him.
Accused-appellant was not even denied due process by virtue of his alleged illegal arrest, because of his voluntary submission to the jurisdiction of the trial court, as manifested by the voluntary and counsel assisted plea he entered during arraignment and by his active participation in the trial thereafter.61
Endnotes:
* Designated additional Member in lieu of Associate Justice Ramon Paul L. Hernando, per Raffle dated February 4, 2019.
** Designated additional Member per Special Order No. 2624 dated November 28, 2018.
1Rollo, pp. 8-21.
2 Id. at 68-73. The Decision was penned by Associate Justice Ramon Paul L. Hernando (now an Associate Justice of this Court) and concurred in by Associate Justices Gabriel T. Ingles and Ma. Luisa C. Quijano-Padilla of the Special Twentieth Division, Court of Appeals, Manila.
3 Id. at 78-79. The Resolution was penned by Associate Justice Ramon Paul L. Hernando (now an Associate Justice of this Court) and concurred in by Associate Justices Gabriel T. Ingles and Ma. Luisa C. Quijano-Padilla of the Special Twentieth Division, Court of Appeals, Manila.
4 Id. at. 38-45. The Decision was penned by Judge Edgar G. Garvilles of Branch 47, Regional Trial Court, Bacolod City.
5 The Comprehensive Dangerous Drugs Act of 2002.
6Rollo, p. 69.
7 Id.
8 Id.
9 Id.
10 Id. This person was not named in the records.
11 Id.
12 Id.
13 Id.
14 The factual antecedents of the trial court and the Court of Appeals do not mention that two (2) other persons were apprehended. This Court presumes that there were about five (5) people involved and apprehended in the alleged pot session.
15Rollo, pp. 69-70.
16 Id. at 70.
17 Id.
18 Id. at 38-45.
19 Id. at 43.
20 Id. at 44-45.
21 Id. at 70.
22 Id. at 68-73.
23 Id. at 72.
24 Id. at 74-77.
25 Id. at 78-79.
26 Id. at 8-21. Respondent filed its Comment (rollo, pp. 94-106) on June 25, 2014. Petitioner filed his Manifestation in Lieu of Reply (rollo, pp. 113-115) on September 17, 2014.
27 Id. at 12.
28 Id. at 16.
29 Id. at 16.
30 Id. at 17.
31 Id.
32 Id. at 97-98.
33 Id. at 99.
34 Id. at 100.
35 Id. at 102.
36 Id.
37Korean Airlines v. Court of Appeals, 238 Phil. 204 (1987) [Per J. Cruz, First Division] citing Chemplex, Inc. v. Pamatian, 156 Phil. 408 (1974) [Per C.J. Makalintal, En Banc]; Ereñeta v. Bezore, 153 Phil. 299 (1973) [Per J. Castro, First Division]; and Miguel, et al. v. Catalina, 135 Phil. 229 (1968) [Per J. Reyes, J.B.L., En Banc].
38 RULES OF COURT, Rule 45, sec. 1 provides:
SECTION 1. Filing of petition with Supreme Court. — A party desiring to appeal by certiorari from a judgment or final order or resolution of the Court of Appeals, the Sandiganbayan, the Regional Trial Court or other courts whenever authorized by law, may file with the Supreme Court a verified petition for review on certiorari. The petition shall raise only questions of law which must be distinctly set forth.
39Century Iron Works v. Bañas, 711 Phil. 576 (2013) [Per J. Brion, Second Division].
40People v. Macasinag, 255 Phil. 279, 281 (1989) [Per J. Cruz, First Division].
41 CONST. Art. III, sec. 14 (2).
42See Macayan, Jr. v. People, 756 Phil. 202 (2015) [Per J. Leonen, Second Division].
43 Id.
44 518 Phil. 196 (2006) [Per J. Austria-Martinez, First Division].
45 Id. at 220 citing Aradillos v. Court of Appeals, 464 Phil. 650 (2004) [Per J. Austria-Martinez, Second Division].
46People v. Macasinag, 255 Phil. 279, 281 (1989) [Per J. Cruz, First Division].
47People v. Ortiz, 334 Phil. 590, 601 (1997) [Per J. Francisco, Third Division].
48 CONST., Art. III, sec. 2.
49 351 Phil. 868 (1998) [Per J. Romero, Third Division].
50 Id. at 879-880 citing RULES OF COURT, Rule 126, sec. 12; Padilla v. Court of Appeals and People, 336 Phil. 383 (1997) [Per J. Francisco, Third Division]; People v. Solayao, 330 Phil. 811 (1996) [Per J. Romero, Second Division]; and People v. De Gracia, 304 Phil. 118-138 (1994) [Per J. Regalado, Second Division].
51 RULES OF COURT, Rule 113, sec. 5.
52Rollo, p. 69. This Court has never defined a "pot session." The closest definition is mentioned in Garcia v. Court of Appeals (324 Phil. 846 (1996) [Per J. Panganiban, Third Division]), where the Information stated that a "pot session" was in violation of Section 27 of Republic Act No. 6425, the previous law against dangerous drugs:
SECTION 27. Criminal Liability of Possessor or User of Dangerous Drugs During Social Gatherings. — The maximum of the penalties provided for in Section 8, Article II and Section 16, Article III of this Act shall be imposed upon any person found possessing or using any dangerous drug during a party or at a social gathering or in a group of at least five persons possessing or using such drugs.
53 Id. at 54.
54 The Comprehensive Dangerous Drugs Act of 2002.
55 378 Phil. 1073 (1999) [Per J. Bellosillo, Second Division].
56Rollo, p. 18.
57 Id. at 38.
58 Id.
59 Id. at 41-42.
60 586 Phil. 120 (2008) [Per J. Chico-Nazario, Third Division].
61 Id. at 133-134 citing People v. Tidula, 354 Phil. 609, 624 (1998) [Per J. Panganiban, First Division]; People v. Montilla, 349 Phil. 640, 661 (1998) [Per J. Regalado, En Banc]; People v. Cabiles, 348 Phil. 220 (1998) [Per J. Melo, Third Division]; People v. Mahusay, 346 Phil. 762, 769 (1997) [Per J. Romero, Third Division]; People v. Rivera, 315 Phil. 454, 465 (1995) [Per J. Vitug, Third Division]; People v. Lopez, Jr., 315 Phil. 59, 71-72 (1995) [Per J. Kapunan, First Division]; People v. Hernandez, 347 Phil. 56, 74-75 (1997) [Per J. Puno, Second Division]; People v. Nazareno, 329 Phil. 16, 22 (1996) [Per J. Mendoza, Second Division]; People v. Emoy, 395 Phil. 371, 384 (2000) [Per J. Pardo, First Division]; and People v. Navarro, 357 Phil. 1010, 1032-1033 (1998) [Per J. Panganiban, First Division].
62See Cagang v. Sandiganbayan, G.R. No. 206438, 206458, and 210141-42, July 31, 2018, [Per J. Leonen, En Banc].
63See People v. Lapitaje, 445 Phil. 729 (2003) [Per J. Austria-Martinez, En Banc].