Myla Ruth N.

Sara

Pp. vs. Salvatierra

Facts:

While Charlie Fernandez was walking towards Quiapo, appellant and the 2 accused lunged a pointed
instrument at Charlie, hitting the latter at the left breast. This resulted to his death.
On Nov. 15, 1990 the police received a complaint that appellant was creating a commotion. He was
thereafter taken in custody.
Appellant put up the defense of alibi alleging that he was having merienda with his wife and children when
the incident occurred. He also alleged that he had an altercation with a woman on that day who caused his arrest
for the crime of malicious mischief, wherein he was detained after. Then, when police arrived, they brought him to
the Homicide Section where he was investigated for the stabbing of Fernandez.
Appellant claimed that the arrest was made almost 3 months after the commission of the crime and no
warrant had been obtained during the 3-month intervening period between the commission of the crime and his
apprehension, thus making the arrest illegal.

Issue: W/N the arrest is violative of his constitutional rights?

Held:

No. Appellant is estopped from questioning the legality of his arrest considering that he never raised it
before entering his plea. Any objection involving a warrant of arrest or the procedure in the acquisition of
jurisdiction over the person of an accused must be made before he enters his plea, otherwise, the objection is
deemed waived.