WARRANTLESS ARREST

-Settled is the rule that no arrest, search and seizure can be made without a valid
warrant issued by a competent judicial authority. The Constitution guarantees the
right of the people to be secure in their persons, houses, papers and effects against
unreasonable searches and seizures. (1987 Constitution, Article III, Section 2).
It further decrees that any evidence obtained in violation of said right shall be
inadmissible for any purpose in any proceeding. (1987 Constitution, Article III,
Section 3(2))
-Constitutional proscription against warrantless searches and seizures admits of
certain legal and judicial exceptions, as follows:
1. Warrantless search incidental to a lawful arrest recognized under
Section 12, Rule 126, of the Rules of Court;
2. Seizure of evidence in plain view;
3. search of a moving vehicle;
4. consented warrantless search;
5. customs search; and
6. stop and frisk;
7. Exigent and emergency circumstances.
(People vs. Aruta, G.R. No. 120915, April 3, 1998)
-View that to say that reliable tips constitute probable cause for a warrantless
arrest or search is a dangerous precedent and places in great jeopardy the
doctrines laid down in many decisions made by the Supreme Court in its effort to
zealously guard and protect the sacred constitutional right against unreasonable
arrests, searches and seizures. (People vs. Montilla, 285 SCRA 703)
-Marijuana seized inside the accuseds house after his arrest on the street is
inadmissible in evidence, the same not falling under the valid warrantless search
incidental to lawful arrest. (Espano vs. Court of Appeals, 288 SCRA 558)
-Where the arrest is incipiently illegal, it logically follows that the subsequent
search is similarly illegal, it being not incidental to a lawful arrest. (People vs.
Aruta, 288 SCRA 626)
Our jurisprudence is replete with instances where tipped information has become a
sufficient probable cause to effect a warrantless search and seizure. (People vs.
Tangliben, 184 SCRA 220 (1990); People vs. Maspil, 188 SCRA 751 (1990);
People vs. Malmstedt, 198 SCRA 401 (1991); People vs. Bagista, 214 SCRA 63
(1992); Manalili vs. CA, 280 SCRA 400 (1997); People vs. Valdez, 304 SCRA
140, March 3, 1999, 2nd Div.)