**Facts:**
1. **Initial Charges and Arrest (April 20, 2006):**
– An Information was filed against Simeon M. Lapi, Allen Sacare, and Kenneth Lim for violating Article II, Section 15 of Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002), accusing them of consuming methamphetamine hydrochloride (shabu) on April 17, 2006, in Bacolod City. Their urine samples tested positive according to Chemistry Reports Nos. DT-042-2006, DT-043-2006, and DT-045-2006.
2. **Arrest and Investigation (April 17, 2006):**
– Bacolod City Anti-Illegal Drug Task Group conducted a stake-out in Purok Sigay, Barangay 2. PO2 Ronald Villeran observed noises from a house and witnessed a pot session inside after peeking through a window.
– Entering through the kitchen, Villeran caught a person attempting to flee. He identified himself as police and apprehended Lapi, Sacare, and Lim as they attempted to escape through the main door, where other officers were positioned.
– The arrested individuals were taken to the police station, where they underwent drug testing, resulting positive for Lapi, Sacare, and Lim.
3. **Defense and Arraignment:**
– Lapi claimed he was delivering a mahjong set and was wrongly apprehended and searched by two unknown men.
– Rolando Cordova, a nearby vendor, corroborated Lapi’s account.
– At arraignment, Sacare and Lim pled guilty, while Lapi maintained a not guilty plea, leading to a trial.
4. **Trial and Initial Court Decision (September 15, 2010):**
– The Regional Trial Court found Lapi guilty, citing the legality of the warrantless arrest on the basis of being caught in flagrante delicto.
– Lapi was sentenced to six months in a government rehabilitation center for a first offense.
5. **Court of Appeals Decision (April 29, 2013):**
– Lapi’s appeal argued illegal arrest and breach of privacy rights due to the officer’s peeking action.
– The Court of Appeals upheld the trial court’s decision, stating that the officer’s actions were justified based on his observations.
6. **Motion for Reconsideration, Supreme Court Petition:**
– Lapi’s Motion for Reconsideration was denied on December 10, 2013. He filed for certiorari to the Supreme Court, arguing breach of privacy and illegal arrest.
**Issues:**
1. **Validity of Warrantless Arrest:**
– Whether Lapi’s arrest was legal as it was conducted without a warrant, based on observations made by an officer who peered through a window.
2. **Procedural Validity:**
– Whether the petition could be dismissed for raising questions of fact that are inappropriate for a Rule 45 review focused on legal issues.
3. **Constitutional Rights and Waiver:**
– Whether Lapi waived his rights to contest the arrest by not objecting prior to arraignment.
**Court’s Decision:**
1. **On Procedure:**
– The Supreme Court reiterated it is not a trier of facts. However, in criminal cases, factual reviews can occur especially for evaluating substantive evidence against the constitutional presumption of innocence. Despite reviewing the facts, no error necessitating Supreme Court intervention was identified.
2. **On Warrantless Arrest:**
– The Court held the arrest valid under Rule 113, Section 5(a) of the Rules of Court, as Lapi was observed committing an offense in plain view. The officer’s testimonial evidence and visual confirmation of the drug session substantiated probable cause for immediate arrest.
3. **Waiver of Rights:**
– Lapi’s failure to contest the arrest before plea constituted waiver of his objection. The Court recognized past rulings that participation in court proceedings without timely arrest objections results in submission to court jurisdiction.
**Doctrine:**
– **Waiver of the Right to Question Arrest:** Objections regarding the legality of an arrest not raised before entering a plea are considered waived.
– **Valid Warrantless Arrest:** An arrest is lawful if conducted upon personal witness of a crime by an officer, satisfying Rule 113, Section 5(a) guidelines.
**Class Notes:**
– **Key Elements of a Warrantless Arrest (Rule 113, Section 5(a)):** Committed in the presence, based on personal knowledge.
– **Presumption of Innocence (Article III, Section 14 (2) of the Constitution).
– **In Flagrante Delicto Arrest:** Attribution based on immediate acknowledgment of a crime.
**Historical Background:**
The case occurred during a period of stringent anti-drug enforcement under the Comprehensive Dangerous Drugs Act of 2002 in the Philippines, reflecting legal complexities around civil rights amidst aggressive policing practices aimed at controlling drug proliferation.
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