G.R. No. 89139 - Posadas y Zamora vs. Court of Appeals

On October 16, 1986 at about 10:00 a.m., Patrolmen Ursicio Ungab and Umbra Umpar of the INP Intelligence Task Force were conducting surveillance along Magallanes Street, Davao City, within the premises of Rizal Memorial Colleges.
They observed Romeo Posadas y Zamora (petitioner) carrying a “buri” bag and acting suspiciously. Upon identifying themselves as INP officers, they attempted to approach him. Petitioner tried to flee but was apprehended despite resisting.

One .38 Smith & Wesson revolver (Serial No. 770196) and two rounds of .38 ammunition
One smoke (tear gas) grenade
Two rounds of .22 caliber ammunition

Petitioner was unable to produce a license to possess firearms and ammunitions. He was brought to the police station; the seized items were indorsed to M/Sgt. Didoy and later to Davao Metrodiscom.

The Regional Trial Court of Davao City found petitioner guilty of illegal possession of firearms and ammunitions (October 8, 1987 judgment), sentencing him under Art. 68(2) of the Revised Penal Code to an indeterminate penalty of ten years and one day to twelve years, five months and eleven days, with forfeiture of the firearm and other items.
On appeal, the Court of Appeals, through a decision dated February 23, 1989, affirmed the RTC ruling in toto.
Petitioner filed a petition for review with the Supreme Court, contending that the warrantless arrest and search were unlawful and that the seized items were inadmissible.

Whether the warrantless arrest of petitioner was lawful under Section 5, Rule 113, 1985 Rules on Criminal Procedure.
Whether the warrantless search and seizure of the “buri” bag and its contents were valid under Section 12, Rule 126, 1985 Rules on Criminal Procedure.
Whether the seized firearm, ammunition, and grenade are admissible in evidence despite the absence of a search warrant.