Illegally arrested drug suspect ordered freed

Regional Trial Court judge Gabriel Ingles yesterday ordered the immediate release of a suspected drug user who was found illegally arrested on September 11, 2004.

Ingles ruled that the manner of arresting Crisanto Villeno was not valid and similarly the subsequent search on him that yielded a pack of shabu and a firearm allegedly from his possession.

The arresting policemen testified that they responded to a call about an armed person watching a billiards game in sitio Alaska, barangay Mambaling where they eventually saw Villeno sitting on a chair while watching the game.

They said the caller's description fitted Villeno and, upon noticing a bulging portion on his back, under his shirt, they identified themselves as policemen. They said they immediately frisked Villeno and allegedly found the gun and the shabu.

Villeno denied that the policemen seized a gun from him.

Judge Ingles ruled that, based on the testimonies of the policemen, Villeno was first seen sitting and watching a billiard game so there was no reason to arrest him and thus the search and seizure later conducted was also irregular.

"Even if one grants that the pack containing shabu was recovered from the body of the accused, such would be a fruit of an illegal search because said search cannot be considered as incidental to a valid arrest," Ingles said.

A law enforcer cannot frisk a person unless the latter is legally arrested, the judge said, adding that the illegal items allegedly taken from Villeno cannot be used as evidence against him.