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overt act is done in the presence or within the view of the arresting
officer.
None of the petitioners actuations (i.e. his looking around and alleged fleeing upon
approach of the tanods) is adequate to incite suspicion of criminal activity to validate the
warrantless arrest.
However, the Courts decision was not only hinged on this premise but also on the fact
that the lower courts failed to establish the veracity of the seized items by virtue of the
chain of custody rule and in view of the contrasting testimonies by the prosecution
witnesses.
Failure of the lower courts to satisfy the test of moral certainty, the accused was thus
acquitted.
The Court added that the petitioners lack of objection to the search and
seizure is not tantamount to a waiver of his constitutional right or a
voluntary submission to the warrantless search and seizure.