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MENGOTE
THE PEOPLE OF THE PHILIPPINES, plaintiff-appelee, vs. ROGELIO MENGOTE y
TEJAS, accused-appellant
Date: June 22, 1992
Ponente:Cruz, J.
Doctrine: In warrantless arrest where an offense has just been committed, it
is not enough that there is reasonable ground to believe that the person to be
arrested has committed a crime. A crime must in fact or actually have been
committed first. That a crime has actually been committed is an essential
precondition. It is not enough to suspect that a crime may have been
committed. The fact of the commission of the offense must be undisputed.
the officer making the arrest must have personal knowledge of the ground
therefor.
Facts:
The Western Police District got a call from an informer that there were three
suspicious-looking persons at the corner of Juan Luna and North Bay Blvd. in
Tondo. When the surveillance team composed of plainclothesmen went to the
area, they saw two men "looking from side to side", one of whom was
hlding his abdomen. he team approahced and identified themselves as
policemen whewreupon the two tried to run away but were unable to escape
because the other lawmen already surrounded them. The suspects were
searched and they found on Mengote a .38Caliber Smith and Wesson revolver
with six live bullets in the chamber. They also found on the other man,
Morelos, a fan knife secreted in his fron right pants pocket. The weapons were
thus taken from them and the two men were taken to the police headquarters
for investigation by the Intelligence Division. An information was filed against
Mengote charging him of violating P.D. No. 1866 for possessing the firearm
without the necessary license or permit.
Aside from the police officers, the other prosecution witness was Rigoberto
Danganan who identified the subject weapon as among the articles stolen
from him during the robbery in his house in Malabon. He pointed to Mengote
as one of the robbers. He had duly reported the robbery to the police
indicating the articles stolen from him including the revolver. Mengote made
no effort to prove his ownership or hid license to posses it but instead
claimed that the weapon was planted on him. The gun, together with the live
bullets and its holster were offered as Exhibits A, B and C respectively and
were admitted as evidence by the Court. The weapon was the principal
evidence that led to Mengote's conviction for violation of P.D. 1866 and was
sentenced to reclusion perpetua.
Issue/Held: Was the arrest of Mengote lawful? NO
Ratio:
Look at Rule 113 Sec. 5 of the Rules of Court which deals with "Arrest
without warrant; when lawful":
1.Par. (a) is not applicable. Par. (a) requires that the person be arrested (1)
after he has committed or while he is actually committing or is at least