Facts:
People of the Philippines charged
Lawrence Wang y Chen with three offenses arising from events occurring on 16–17 May 1996 in the City of Manila, specifically at Maria Orosa Street, Ermita. The Informations alleged (1) unlawful possession of approximately 29.2941 kilograms of methamphetamine hydrochloride contained in thirty-two plastic bags, (2) illegal possession of two unlicensed firearms, and (3) possession of those firearms during an election period in violation of the COMELEC gun ban. Police operatives arrested several suspects on the evening of 16 May 1996 and, after an entrapment operation, apprehended two men who identified themselves as employees of Wang and indicated a scheduled delivery of drugs the following morning and that Wang could be found at Maria Orosa Apartment. At about 2:10 a.m. on 17 May 1996 officers approached a man they identified as Wang as he approached a parked BMW, frisked him and found an unlicensed AMT .380 backup pistol in his pocket, and searched the BMW, discovering the thirty-two bags of shabu, P650,000 cash, scales, and an unlicensed Daewoo 9mm pistol; Wang resisted the arrest and search. Wang refused to plead at arraignment and a plea of not guilty was entered; after the prosecution rested as to the Dangerous Drugs count, Wang filed an undated
Demurrer to Evidence and the trial court conducted hearings on the legality of the warrantless arrest and search. On 13 March 1997 the Regional Trial Court, Branch 18, Manila, granted Wang’s demurrer, held the arrest and search unlawful, ordered the contraband and firearms confiscated in favor of the government and certain items returned, and acquitted Wang for lack of evidence. The People filed a petition for review on certiorari to this Court; the parties submitted memoranda and the Court resolved to deny the petition on 16 March 2007.
Issues:
May the prosecution appeal a trial court’s granting of an accused’s demurrer to evidence and consequent acquittal without violating the constitutional proscription against
double jeopardy? Was the warrantless arrest of Wang and the subsequent warrantless search and seizure lawful under
Section 5, Rule 113 of the Rules on Criminal Procedure and the Constitution?
Ruling:
Ratio:
Doctrine: