Professional Documents
Culture Documents
PEOPLE v. MOLINA
Case Brief. SPO1 Paguidopon received
information regarding the presence of an
alleged marijuana pusher in Davao. He
subsequently conducted surveillance of the
accused where his informer pinpointed to him
accused-appellant Mula.
Months later,
Paguidopon received information that the
alleged pusher will be passing by Davao. He
and other officers waited at his house for the
alleged pusher to pass by. Paguidopon pointed
to the trisikad carrying the accused-appellants.
The arresting officers thereupon pursued the
trisikad and asked accused-appellant Molina to
open the bag he was carrying, to which he
responded, Boss if possible we will settle this.
Officer insisted on opening the bag, which
revealed the marijuana leaves inside. Accusedappellants were convicted and sentenced to
death. On automatic review, SC held that the
accuseds acts do not constitute probable
cause that would justify an in flagrante delicto
arrest. Consequently
Doctrine. To constitute a valid in flagrante
delicto arrest, two requisites must concur: (1)
the person to be arrested must execute an
overt act indicating that he has just committed,
is actually committing, or is attempting to
commit a crime; and (2) such overt act is done
in the presence or within the view of the
arresting officer
PEOPLE v. BINAD CHUA
PEOPLE v. JAYSON
Case Brief. Wenceslao Jayson shot and killed
one Nelson Jordan while he was working as a
bouncer in a nightclub. He was subsequently
pointed out to policemen by eyewitnesses and
searched by them. He was found to possess a .
38 caliber revolver with 4 live bullets and 1
empty shell. He presented to the policemen a
memorandum receipt and mission order
covering the firearm, however, there were
restrictions listed. Jayson was charged with
homicide and later, illegal possession of firearm
by the RTC. His penalty was later increased by
the CA to reclusion perpetua.
Doctrine In the case at bar there was a
shooting. The policemen summoned to the
scene of the crime found the victim. Accused
appellant was pointed to them as the assailant