Nature: Petition for review on certiorari of a decision of the CA.

Facts: Padilla figured in a hit and run accident in Oct 26, 1992. He was later on apprehended with the help pf a
civilian witness. Upon arrest following high powered firearms were found in his possession:
1.

.357 caliber revolver with 6 live ammunition

2.

M-16 Baby Armalite magazine with ammo

3.

.380 pietro beretta with 8 ammo

4.

6 live double action ammo of .38 caliber revolver

Padilla claimed papers of guns were at home. His arrest for hit and run incident modified to include grounds of Illegal
Possession of firearms. He had no papers. On Dec. 3, 1994, Padilla was found guilty of Illegal Possession of
Firearms under PD 1866 by the RTC of Angeles City. He was convicted and sentenced to an indeterminate penalty
from 17 years. 4 months, 1 day of reclusion temporal as minimum to 21 years of reclusion perpetua as maximum.
The Court of Appeals confirmed decision and cancelled bailbond. RTC of Angeles City was directed to issue order of
arrest. Motion for reconsideration was denied by Court of Appeals. Padilla filed lots of other petitions and all of a
sudden, the Solicitor General made a complete turnaround and filed Manifestation in Lieu of Comment praying for
acquittal (nabayaran siguro).
Issues:
1.
WARRANTLESS ARREST: WON his was illegal and consequently, the firearms and ammunitions taken in the
course thereof are inadmissible in evidence under the exclusionary rule
No. Anent the first defense, petitioner questions the legality of his arrest. There is no dispute that no warrant was
issued for the arrest of petitioner, but that per se did not make his apprehension at the Abacan Bridge illegal.
Warrantless arrests are sanctioned in Sec. 5, Rule 113 of the Revised Rules on Criminal Procedurea peace officer
or a private person may, without a warrant, arrest a person (a) when in his presence the person to be arrested has
committed, is actually committing, or is attempting to commit an offense. When caught in flagrante delicto with
possession of an unlicensed firearm and ammo, petitioners warrantless arrest was proper since he was actually
committing another offence in the presence of all those officers. There was no supervening event or a considerable
lapse of time between the hit and run and the actual apprehension. Because arrest was legal, the pieces of evidence
are admissible.
Instances when warrantless search and seizure of property is valid:
?
Seizure of evidence in plain view, elements of which are (a) prior valid intrusion based on valid warrantless
arrest in which police are legally present in pursuit of official duties, (b) evidence inadvertedly discovered by police
who had the right to be there, (c) evidence immediately apparent, and (d) plain view justified mere seizure of
evidence without further search (People v. Evaristo: objects whose possession are prohibited by law inadvertedly
found in plain view are subject to seizure even without a warrant)
?

Search of moving vehicle

?
Warrantless search incidental to lawful arrest recognized under section 12, Rule 126 of Rules of Court and by
prevailing jurisprudence where the test of incidental search (not excluded by exclusionary rule) is that item to be
searched must be within arrestees custody or area of immediate control and search contemporaneous with arrest.
Petitioner would nonetheless insist on the illegality of his arrest by arguing that the policemen who actually arrested
him were not at the scene of the hit and run. The court begs to disagree. It is a reality that curbing lawlessness gains
more success when law enforcers function in collaboration with private citizens. Furthermore, in accordance with
settled jurisprudence, any objection, defect or irregularity attending an arrest must be made before the accused
enters his plea.
Held: WHEREFORE, premises considered, the decision of the CA sustaining petitioners conviction by the lower
court of the crime of simple illegal possession of firearms & ammunitions is AFFIRMED EXCEPT that petitioners
indeterminate penalty is MODIFIED to 10 yrs & 1 day, as min. to 18 yrs, 8 months & 1 day, as maximum.