Case Digest: HERMINIO BUENAVENTURA y RECTO v. PEOPLE OF THE PHILIPPINES 529 SCRA 500 (2007)

HERMINIO BUENAVENTURA y RECTO v. PEOPLE OF THE PHILIPPINES 529 SCRA 500 (2007)

Accused-Appellant Herminio Buenaventura was arrested and subsequently charged before the Regional Trial Court of Mandaluyong for violation of Republic Act No. 6425 (R.A. 6425), otherwise known as the Comprehensive Dangerous Drugs Act for sale and possession of marijuana. He was arrested during a buy bust operation conducted in April of 2002 by the Drug Enforcement Unit of Malate. The RTC found Herminio Buenaventura guilty of both charges, it holding that as between the straightforward and positive testimonies of the prosecution witnesses and the bare and negative testimony of Buenaventura, the former indubitably deserves greater weight and credence. Buenaventura appealed to the Court of Appeals (CA), but the same affirmed the RTC‘s decision. On appeal to the Supreme Court, Buenaventura alleges that the warrantless arrest made by the Drug Enforcement Unit of Malate was invalid.

ISSUE:

Whether or not the warrantless arrest is invalid.

HELD:

In the said case, it was also established, based on the testimonies given by witnesses that the buy bust operation performed was lawful.
As correctly observed by the appellate court, Herminio failed to move for the quashal of the information filed against him. He instead submitted himself to the jurisdiction of the court. With the assistance of counsel, he entered a not guilty plea, and presented evidence in his defense. He thus clearly waived his objection to the validity of his arrest.