G.R. No. 158904 December 16, 2005
Orlando Solis Ungsod vs. People of the Philippines

FACTS

Petitioner Orlando Solis Ungsod was charged with Murder for shooting PO3 Ronilo Gayutin at a lodging house in Taytay, Palawan. The prosecution established that Gayutin and Ungsod, who were long-time friends, were seen happily conversing before they entered a comfort room together. Witness Napoleon Batoy entered the comfort room and saw Ungsod strangling Gayutin. Another witness, Jerry Reyes, responded to Batoy’s call and also saw Ungsod strangling Gayutin, with his right hand raised to his waist “as if holding something.” Reyes tried to intervene but was told by Ungsod to leave. Shortly after Reyes exited, a gunshot was heard. Witnesses saw Ungsod exit the comfort room with bloodstains and holding a .45 caliber pistol. Gayutin was found dead from a single gunshot wound to the back of the head. The following day, Ungsod was arrested without a warrant in Roxas, Palawan, and a .38 caliber revolver was confiscated from him.

ISSUE

The core issue is whether the warrantless arrest of Ungsod and the subsequent seizure of the .38 caliber revolver were lawful, and if not, whether the firearm is admissible as evidence against him.

RULING

The Supreme Court affirmed the conviction for Homicide but ruled the firearm inadmissible. The warrantless arrest was invalid. At the time of arrest in Roxas—a different municipality and the day after the shooting—the arresting officers had no personal knowledge that Ungsod had just committed an offense. The arrest did not fall under any valid warrantless arrest scenario under Rule 113, Section 5 of the Rules of Court, as the offense was not committed in the officers’ presence, nor was Ungsod caught fleeing from a crime scene. Consequently, the .38 caliber revolver seized as an incident to this unlawful arrest is inadmissible under the exclusionary rule, being the “fruit of the poisonous tree.” However, Ungsod’s conviction for Homicide was sustained based on the independent and overwhelming testimonial evidence of eyewitnesses Batoy and Reyes, who positively identified him as the assailant. Their credible accounts, corroborated by other evidence, established his guilt beyond reasonable doubt for the killing, albeit without the qualifying circumstances of treachery.