Violation of ordinance not enough for warrantless arrest, says Supreme Court

October 7, 2024 , 07:10 PM

By Gabriel Kim Leal

(October 7, 2024) – The Supreme Court has ruled that violating ordinances or regulations does not automatically justify a warrantless arrest.

In a 13-page decision promulgated last December but only made public on Monday, the high court’s Second Division said a warrantless arrest does not apply particularly when the offense does not carry a penalty of imprisonment.

“The general rule is that searches and seizures must be carried out with a warrant issued based on probable cause. Otherwise, applying the exclusionary rule, any evidence obtained is inadmissible for any purpose. While this principle admits of exceptions, none applies in this case,” read the decision penned by Associate Justice Mario Lopez.

The case stemmed from an incident in Makati in 2013, wherein police officers tried to stop Angelito Ridon for driving on a one-way street. Ridon, however, sped off, leading to a chase.

When he eventually fell from his motorcycle and reached for something at his side, police officers searched him and found an unlicensed revolver.

Ridon claimed that the gun was planted, but he was still convicted by both a regional trial court and the Court of Appeals.

But the Supreme Court overturned his conviction, ruling that the gun could not be used as evidence because it was discovered during an unlawful search.

“Essentially, a lawful arrest must precede the warrantless search,” stressed the decision.

It also noted that Ridon’s violation of the one-way street ordinance called only for the confiscation of his driver’s license, not an arrest.

“Angelito’s attempt to flee when flagged for a traffic violation cannot be considered a suspicious circumstance as it does not necessarily indicate guilt for concealing any illegal or prohibited item. We cannot discount the possibility that the accused simply did not want to be apprehended,” added the Supreme Court.

(PM)

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