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Duropan and Coloma vs. People

PASCASIO DUROPAN AND RAYMOND NIXER COLOMA, PETITIONERS, V. PEOPLE OF THE PHILIPPINES, RESPONDENT.

G.R. No. 230825 | 2020-06-10

THIRD DIVISION
 
D E C I S I O N
 
LEONEN, J.:
 
An in flagrante delicto arrest that does not comply with the overt act test is constitutionally infirm.[1] Two elements must concur, the person to be arrested must execute an overt act indicating that he or she has just committed, is actually committing, or is attempting to commit a crime; and that such overt act is done in the presence or within the view of the arresting officer.[2]
 
This resolves a Petition for Review on Certiorari[3] assailing the Court of Appeals Decision[4] and Resolution.[5] The Court of Appeals upheld the Regional Trial Court...