Topic: RULE 113
Case Digest: Teodosio v. CA (G.R. No. 124346, June 8, 2004)
Teodosio was charged with selling and delivering drugs (shabu). The police conducted a buy-bust operation after the four-days surveillance on his house because he was suspected of peddling shabu. A team of police officers and the informer went to Teodosio’s house. The informer introduced SPO1 Inciong to Teodosio as shabu buyer while the rest of the team waited outside the house. Teodosio told them that a gram of shabu costs ₱600. He gave SPO1 Inciong one plastic packet and, in turn, Inciong handed six pieces of ₱100 bills treated with ultraviolet powder to Teodosio. After verifying the contents of the packet as shabu, Inciong gave the signal to the other police officers who witnessed the transaction. After introducing himself as a police officer, Inciong, together with his companions, arrested Teodosio. The marked money bills and other packet of shabu were recovered from Teodosio and the presence of ultraviolet powder on his hands was also positive.
Teodosio argued that the police officers raided his house without a search or arrest warrant and claimed that when they found no drugs, they took a bag containing a large sum of money.
RTC found Teodosio guilty relying on the prosecution’s witnesses (police officers). The CA then affirmed the RTC’s decision but modified the penalty. Teodosio insists that the police officers forcibly entered and searched his house without a warrant.
Whether or not the trial court and CA overlooked certain material and undisputed facts erroneously concluding that the alleged buy-bust operation conducted without a search warrant or warrant of arrest took place outside the residence of the petitioner.
Teodosio failed to show any motive why the police officers would illegally raid his house. There was strong evidence gathered from the entrapment certainly beyond reasonable doubt that appellant was engaged in drug-dealing. No warrant was needed considering that the mission was not a search but an entrapment. An arrest made after an entrapment does not require a warrant inasmuch as it is considered a valid warrantless arrest pursuant to Rule 113, Section 5(a) of the Rules of Court. Any search resulting from a lawful warrantless arrest is valid because the accused committed a crime in flagrante delicto, that is, the person arrested (Teodosio) committed a crime in the presence of the arresting officers.