G.R. No.

125299 January 22, 1999

People of the Philippines vs. Florencio Doria y Bolado, et al.

FACTS:

In 1995, the members of PNP Narcotics Command (Narcom), received information from two civilian
informants that Doria, who was then called ‘Jun’ was engaged in illegal drug activities in Mandaluyong
city. Upon receiving the information, Narcom agents had planned and decided to conduct a buy-bust
operation as an entrapment for Doria. Upon the successful dealings of the Narcom agents with Doria,
the exchange of money from marijuana was completed. After an hour that day, when Doria was about
to give the marijuana to PO3 Manlangit, he was suddenly arrested without any warrant of arrest.

ISSUE:

Whether or not the warrantless arrest of Doria was unlawful and was an instigation.

RULING:

No. The warrantless arrest of Doria is not unlawful as it is allowed in three instances, (1) when the person
to be arrested has committed, is actually committing, or is attempting to commit an offense; (2) when an
offense has just been committed and the culprit, and a peace officer has knowledge of facts indicating
that the person to be arrested has committed it; (3) and when the person to be arrested is a prisoner who
escaped from a penal establishment or place where he is serving final judgement or temporarily confined
while his case is pending, or has escaped while being transferred from one confinement to another. In the
case at bar, the accused was caught in the actual act of committing an offense as a result of Narcom’s
buy-bust operation hence, the police are not only authorized but duty-bound to arrest him even without
a warrant. What was done to him was not an instigation but an entrapment, as they only employed ways
and means in capturing him in the execution of his criminal plan.