People v Cuizon 256 SCRA 320 FACTS: Vuizon and his wife arrived from Hong Kong, at the

arrival area they allegedly handed four (4) bags to Paul Lee and Steve Pua who boarded a taxi immediately after the event. The NBI agents were observing the activities because of the earlier tip given to them. Because of some uncontrolled event they were not able to apprehend Lee and Pua so they decided to pursue them, based on the tips given to them the two (2) will be staying at Manila Peninsula Hotel. They apprehended Lee and Pua inside their hotel room confiscating the four bags and was opened in the presence of Col. Regino Arellano, Chief security of the hotel. Consequently, Cuizon was also apprehended in his house at Caloocan that same day. They were brought to the NBI headquarters and subsequently referred to the prosecution division of the DOJ for Inquest. An was charged in court violationg Section 15 of RA 6425, otherwise known as the Dangerous Drug Act of 1972. Appellant Cuiszon challenges the validity and legality of his warrantless arrest and the search and seizure incidental thereto. ISSUE: W/N the accused were caught in flagrante delicto, justifying the search without a warrant. RULING: The SC did not agree that the accused were caught in flagrante delicto. The requirements stated in Section 5 of Rule 113 of the Rules of Court on lawful arrest without warrant are not present in the case at bar, for at the time of their arrest, appellants Pua and Lee were merely resting in the hotel room, and appellant Cuizon for his part was in bed resting with his wife and child. No offense had just been committed or being actually committed or being attempted by any of the accused in the presenc eof the lawmen. It is well entrenched in this country is the rule that no arrest, search and seizure can be made without a valid warrant issued by a competent judicial authority, guaranteed by section 2, Article III of the 1987 Constituiton. It is evident and clear that the NBI agents gravely mishandled the drug bust operation and in the process violated the constitutional guarantees against unlawful arrests and illegal searches and seizures.