Case Summary (G.R. No. 248529)
Procedural Posture
The three were arraigned and pleaded not guilty. After pre-trial and trial, the Regional Trial Court convicted Lacson for illegal possession of explosives and election-period weapons ban, and Agpalo for illegal possession of firearms and ammunition and election-period weapons ban; Dagdag was acquitted. The Court of Appeals affirmed. Lacson and Agpalo appealed to the Supreme Court.
Issues Presented
- Validity of warrantless arrest.
- Validity of warrantless search (frisk).
- Proof of guilt beyond reasonable doubt.
Jurisdictional Objection and Estoppel
Under Rule 113, Section 5, objections to arrest must be raised before arraignment by motion to quash; failure to do so waives the right to challenge court jurisdiction over the person. Lacson and Agpalo did not move to quash and thus are estopped from contesting the legality of their arrests for jurisdictional purposes. However, estoppel does not extend to the admissibility of evidence seized.
Constitutional Search-and-Seizure Analysis
The 1987 Constitution protects against unreasonable searches and seizures and mandates exclusion of unlawfully obtained evidence. Warrantless searches are presumptively unreasonable unless they fall under recognized exceptions. Two potentially relevant exceptions are:
• In flagrante delicto arrest and incidental search – requires an overt act witnessed by the arresting officer indicating commission or attempt of a crime.
• Stop-and-frisk (Terry) search – requires reasonable suspicion based on specific, articulable facts of criminal activity and a protective pat-down for weapons.
Application of Exceptions
Neither exception justified the searches:
• In flagrante delicto – Lacson and Agpalo committed no overt criminal act in the presence of officers; mere loitering and “suspicious” appearance do not satisfy the requirement. Flight alone, absent other indicia, is too equivocal to establish an overt act.
• Stop-and-frisk – officers lacked specific, articulable facts pointing to concealed weapons; the general snatching report did not describe suspects, and seeing the accused standing did not create a genuine reason to frisk.
Case Syllabus (G.R. No. 248529)
Facts of the Case
- On October 7, 2013, members of the Taguig Police Station’s Tactical Motorcycle Riders Unit conducted an “Oplan Sita” patrol along C-5 Road near Sampaguita Bridge in Taguig City.
- The team received a text alert about a recent snatching incident and encountered three men—Mark Alvin Lacson (“Mac-Mac”), Noel Agpalo, and Moises Dagdag—standing together and appearing to wait for someone.
- When the officers approached, the three men attempted to flee; they were intercepted and questioned but gave no answer.
- PO2 Rommel Paparon frisked Agpalo, felt a hard object in his waist, lifted his shirt, and discovered a loaded Paltik revolver with four live rounds; Agpalo was arrested for lacking the required license.
- PO1 Leo Valdez frisked Lacson and recovered a hand grenade; Lacson was arrested for failure to produce the necessary permit.
- PO1 Angelo Villanueva apprehended Dagdag and allegedly seized a bladed weapon.
- The accused denied involvement in any crime, claimed they were returning home, were mistaken for “batang hamog,” and asserted they were coerced and physically assaulted at the police station.
- Officers used Lacson’s mobile phone to lure Agpalo to another location before arresting him; all three were later brought to the precinct and shown the seized items.
Procedural History
- Lacson, Agpalo, and Dagdag pleaded not guilty at arraignment; pre-trial and trial followed in RTC Pasig, Branch 153.
- RTC Pasig convicted Lacson for violation of Section 3 of PD 1866 (as amended by RA 9516) (unlawful possession of explosives) and for breaching the Comelec election gun ban (Resolution 9735, adopting Resolution 9561-A).
- RTC Pasig convicted Agpalo for violation of Section 28(a) in relation to Section 28(e)(1) of RA 10591 (unlawful possession of firearms and ammunition) and for the election gun ban; acquitted Dagdag for failure to prove guilt beyond reasonable doubt.
- Lacson and Agpalo received indeterminate sentences of reclusion perpetua and prision mayor, respectively, plus penalties under the election ban; confiscated items