IN ARREST IN FLAGRANTE DELICTO, THE ACCUSED IS APPREHENDED AT THE VERY MOMENT HE IS COMMITTING OR ATTEMPTING TO COMMIT OR HAS JUST COMMITTED AN OFFENSE IN THE PRESENCE OF THE ARRESTING OFFICER.

     Clearly, to constitute a valid in flagrante delicto arrest, two requisites must concur: (1) the person to be arrested must execute an overt act indicating that he has just committed, is actually committing, or is attempting to commit a crime; and (2) such overt act is done in the presence or within the view of the arresting officer. Suffice it to state that prior justification for intrusion or prior lawful intrusion is not an element of an arrest in flagrante delicto. (MARGARITA AMBRE Y CAYUNI VS. PEOPLE OF THE PHILS. , G.R. NO. 191532, AUGUST 15, 2012, MENDOZA, J.)