(Photo of ecstasy pills, right-clicked from www.pdea.gov.ph used here for educational and non-commercial purposes)
At today’s congressional hearing (I’ll just discuss in passing the criminal procedure aspect; not the bribery allegations), State Prosecutor Resado was asked how he would have ruled had the Alabang boys not executed a waiver. He said he would have ruled against them and would have filed the drug case in court.
The buy-buy operation by which the Alabang boys were apprehended is a form of a warrantless arrest; valid depending on the circumstances; if the respondents were caught in flagrante delicto or in the act of committing a crime, then valid. Any search made in relation thereto, or in relation to the arrest, is a form of a search incident to a lawful arrest. If the arrest were valid, the search incident thereto is valid. State Prosecutor Resado discussed something about the failure to conduct an inventory on site and the chain of custody. I’ll leave the other lawyers to discuss that, not wanting to do free research and opinion for any party. But the ones stated here are what the Rules of Court provide. If in flagrante delicto, valid warrantless arrest. If valid arrest, any search incident to the arrest is valid. The search must be only of the immediate vicinity; there are cases that say that that search must be only within literally the arm’s length of the suspects because the purpose is to prevent the suspect from reaching for any weapon that he/she may use against the law enforcers. I’ll leave other lawyers to discuss the research on that.
After such warrantless arrest (in flagrante delicto) an inquest, or a kind of “speedy investigation” (my words), is conducted. It must be conducted right away. Because the suspects have now been warrantlessly arrested and in detention; they have to be charged within 12 or 18 or 36 hours depending on the case. If charges are not filed within 12 or 18 or 36 hours depending on the case, then the State has to release them. There’s a constitutional right not to be detained without charges, and the charges have to be filed within those periods. Otherwise, those detaining the suspects would be charged with arbitrary detention, a criminal offense.
Based on “statistical experience” (my words), 
most inquest proceedings are resolved in favor of the State; I’m not saying that’s a rule or it is a practice, I’m just saying that’s based on statistics.
(Photo of ecstasy pills, right-clicked from www.pdea.gov.ph used here for educational and non-commercial purposes)
The suspects, especially where the anticipated charge is a capital offense, usually ask that a full-blown preliminary investigation be conducted instead of just an inquest. Why? If it’s anticipated to be a capital offense, the suspects are detained and will be detained after the charges are filed and until the trial is over, which is a very long time and may take years and years. Years and years in detention during trial: weigh that against a month or two of detention during preliminary investigation, at which time you can present more evidence and play with your chances. Which do you choose?
So, the suspects usually take their chances with a full-blown preliminary investigation. They have to execute a waiver of their right not to be detained beyond 12 or 18 or 36 hours and the right to file a case of arbitrary detention. In exchange, they get a full-blown preliminary investigation. There’s a circular that says that a preliminary investigation must be resolved within 90 days.
(that’s the post for today; i won’t give an opinion on the length of time of the detention in this case; yeah, sometimes i choose not to give an opinion.)
