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Generoso
G.R. No. 182601 | November 10, 2014
Rule 113, Section 5. Arrest without warrant; when lawful. — A peace officer or a private person may, without a
warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
(b) When an offense has just been committed, and he has probable cause to believe based on personal
knowledge of facts or circumstances that the person to be arrested has committed it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place
where he is serving final judgment or is temporarily confined while his case is pending, or has escaped
while being transferred from one confinement to another.
In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall be forthwith
delivered to the nearest police station or jail and shall be proceeded against in accordance with section 7 of
Rule 112. (5a)
Facts:
On February 20, 2005, at around 3:15 in the morning, an altercation
ensued between the petitioners and Atty. Moreno Generoso. Atty. Generoso
called the Central Police District Station to report the incident. Acting on
this report, the Desk Officer dispatched policemen to go to the scene of the
crime and to render assistance. The policemen arrived at the scene of the
crime less than one hour after the alleged altercation and they saw Atty.
Generoso badly beaten. Atty. Generoso then pointed to the petitioners as
those who mauled him. This prompted the police officers to "invite" the
petitioners to go to the Police Station for investigation. The petitioners went
with the police officers.
At the inquest proceeding, the City Prosecutor found that the
petitioners stabbed Atty. Generoso with a bladed weapon. Atty. Generoso
fortunately survived the attack. The petitioners were indicted for attempted
murder.
The petitioners filed an Urgent Motion for Regular Preliminary
Investigation on the ground that they had not been lawfully arrested. They
alleged that no valid warrantless arrest took place since the police officers
had no personal knowledge that they were the perpetrators of the crime.
They also claimed that they were just "invited" to the police station. Thus,
the inquest proceeding was improper, and a regular procedure for
Issue:
Whether or not the petitioners were validly arrested without a
warrant
Ruling:
Yes the arrest was valid.
For purposes of resolving the issue on the validity of the warrantless
arrest of the present petitioners, the question to be resolved is whether the
requirements for a valid warrantless arrest under Section 5(b), Rule 113 of
the Revised Rules of Criminal Procedure were complied with, namely: 1)
has the crime just been committed when they were arrested? 2) Did the
arresting officer have personal knowledge of facts and circumstances that
the petitioners committed the crime? And 3) based on these facts and
circumstances that the arresting officer possessed at the time of the
petitioners' arrest, would a reasonably discreet and prudent person believe
that the attempted murder of Atty. Generoso was committed by the
petitioners?
The Court concluded that the police officers had personal knowledge
of facts or circumstances upon which they had properly determined
probable cause in effecting a warrantless arrest against the petitioners.
The arresting officers went to the scene of the crime upon the
complaint of Atty. Generoso of his alleged mauling; the police officers
responded to the scene of the crime less than one (1) hour after the alleged
mauling; the alleged crime transpired in a community where Atty. Generoso
and the petitioners reside; Atty. Generoso positively identified the
petitioners as those responsible for his mauling and, notably, the
petitioners and Atty. Generoso lived almost in the same neighborhood;
more importantly, when the petitioners were confronted by the arresting
People vs Badilla
G.R. No. 218578 | August 31, 2016
(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
Facts:
Ruling:
No, the conviction of the accused-appellant is in order. Appellant's
arrest is completely justified pursuant to Section 5 (a) of Rule 113 of the
Revised Rules on Criminal Procedure which provides that a person may be
arrested without a warrant when in a presence of the arresting officer, the
person to be arrested has committed, is actually committing, or is
attempting to commit an offense.
The Court stressed that the appellant failed to question the legality
of his arrest before he entered his plea. The established rule is that an
accused may be estopped from assailing the legality of his arrest if he failed
to move for the quashing of the Information against him before his
arraignment. Any objection involving the arrest or the procedure in the
court's acquisition of jurisdiction over the person of an accused must be
made before he enters his plea; otherwise, the objection is deemed waived.
Thus, appellant is deemed to have waived any objection thereto since he
voluntarily submitted himself to the jurisdiction of the court when he
entered a plea of not guilty during the arraignment, and thereafter actively
participated in the trial. He even entered into a stipulation, during the pre-
trial of the case, admitting the jurisdiction of the trial court over his person.
The court also emphasized that the series of events that led the police
officers to the place where appellant was when he was arrested was
triggered by a phone call from a concerned citizen that someone was
People vs Gumilao
G.R. No. 208755 |
People vs Alvario
G.R. No. 120437-41 | July 16, 1997
Personal knowledge (of the arresting officer): actual belief or reasonable grounds of suspicion, based on actual
facts, that the person to be arrested is probably guilty of committing the crime. (Umil v. Ramos, 202 SCRA 251,
263, October 3, 1991)
Facts:
Esterlina Quintero, a 29 year old single mother took time off her
current job as housekeeper in Makati to look for another place of
employment. With the help of Aling Soling she was introduced to accused
Alvario. She thereafter agreed to cook for him and do his laundry for
P800.00 /month. She was told that she could begin that very day thus she
was taken to a two story house in Bel Air, where the only other occupant
was Alma Barliso, another maid.
Armand Alvario on the other hand is a mere caretaker of the house
owned by Atty. Rogelio San Luis.
According to Esterlina on the first day of work she was not allowed to
eat and on the following day she was merely allowed to eat two spoonfuls
of left-over food. Alvario would leave the house at 7 am and return at 5pm,
directing Esterlina not to go out of the house nor to talk to Alma. Esterlina
relates that every night, Alvario would come into her room and force himself
upon her. Out of fear because he had a gun and threatened to file a case
against her, Esterlina did not resist nor defend herself. This happened for
all the days she was under the employ of Alvario, she did not make a phone
call to her sister because she was afraid and she did not try to escape
Ruling:
Yes, the arrest of Alvario is valid.
Towards the conclusion of the ruling, the Court noted that during
the trial, Alvario consistently protested his warrantless arrest. Suffice it to
say that his arrest falls within the purview of Rule 113, Section 5(b) of the
1985 Rules on Criminal Procedure, viz.:
xxx
(b) When an offense has in fact just been committed, and he has personal
knowledge of facts indicating that the person to be arrested has
committed it; x x x. (Underscoring supplied)
Panaguiton vs DOJ
G.R. No. 16751 | November 25, 2008
Art. 90. Prescription of crime. — Crimes punishable by death, reclusion perpetua or reclusion temporal shall
prescribe in twenty years.
The crime of libel or other similar offenses shall prescribe in one year.
The crime of oral defamation and slander by deed shall prescribe in six months.
When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of the application
of the rules contained in the first, second and third paragraphs of this article.
Section 1. Violations penalized by special acts shall, unless otherwise provided in such acts, prescribe in
accordance with the following rules: (a) after a year for offenses punished only by a fine or by imprisonment for
not more than one month, or both; (b) after four years for those punished by imprisonment for more than one
month, but less than two years; (c) after eight years for those punished by imprisonment for two years or more,
but less than six years; and (d) after twelve years for any other offense punished by imprisonment for six years
or more, except the crime of treason, which shall prescribe after twenty years. Violations penalized by
municipal ordinances shall prescribe after two months.
Sec. 2. Prescription shall begin to run from the day of the commission of the violation of the law, and if the same
be not known at the time, from the discovery thereof and the institution of judicial proceeding for its
investigation and punishment.
The prescription shall be interrupted when proceedings are instituted against the guilty person, and shall begin
to run again if the proceedings are dismissed for reasons not constituting jeopardy.
Facts:
In 1992, Cawili borrowed money from Panaguiton amounting to
P1,979,459.
In 1993, Cawili with his ‘business associate’ Tongson issued 3 checks
as payment. Significantly, all three (3) checks bore the signatures of both
Cawili and Tongson. Upon presentment for payment on 18 March 1993, the
checks were dishonored, either for insufficiency of funds or by the closure
of the account.
During preliminary investigation, Tongson claimed that he was not
Cawili’s business associate. On Dec. 6 1995 City Prosecutor III Eliodoro V.
Lara found probable cause only against Cawili and dismissed the charges
against Tongson.
Petitioner then appeal before DOJ and in 1997 DOJ found that it was
indeed possible for Tongson to co-signed the checks. It then directed the
Issue:
Whether or not the rule on prescription as provided for in Act No.
3326 applies to offenses under B.P. 22
Ruling:
Yes, Act. No. 3326 applies to offenses under B.P. Blg. 22. An
offense under B.P. Blg. 22 merits the penalty of imprisonment of not less
than thirty (30) days but not more than one year or by a fine, hence, under
Act No. 3326, a violation of B.P. Blg. 22 prescribes in four (4) years from
the commission of the offense or, if the same be not known at the time,
from the discovery thereof. Nevertheless, we cannot uphold the position
that only the filing of a case in court can toll the running of the prescriptive
period.
It must be pointed out that when Act No. 3326 was passed on 4
December 1926, preliminary investigation of criminal offenses was
conducted by justices of the peace, thus, the phraseology in the law,
“institution of judicial proceedings for its investigation and
punishment,”[39] and the prevailing rule at the time was that once a
complaint is filed with the justice of the peace for preliminary investigation,
the prescription of the offense is halted.
Indeed, to rule otherwise would deprive the injured party the right to
obtain vindication on account of delays that are not under his control. A
clear example would be this case, wherein petitioner filed his complaint-
affidavit on 24 August 1995, well within the four (4)-year prescriptive
period. He likewise timely filed his appeals and his motions for
reconsideration on the dismissal of the charges against
Tongson. He went
The court held that the offense has not yet prescribed. Petitioner ’s
filing of his complaint–affidavit before the Office of the City Prosecutor on
24 August 1995 signified the commencement of the proceedings for the
prosecution of the accused and thus effectively interrupted the prescriptive
period for the offenses they had been charged under B.P. Blg. 22. Moreover,
since there is a definite finding of probable cause, with the debunking of
the claim of prescription there is no longer any impediment to the filing of
the information against petitioner.
People vs Peñaflor
G.R. No. 206296 | Aug 12, 2015
Facts:
Estur, a COA Auditor, discovered in July 1993 rice stocks unaccounted for
in the bodega of the NFA. The stocks were under the account of Matas.
Upon the recommendation of Estur, COA State Auditor IV, Betonio, who
was the Provincial Manager of NFA, Lanao del Norte, suspended accused
Matas.
On 21 August 1993, at about 8:00 p.m., Betonio, upon disembarking from
the Ford Fiera driven by Fajardo, was stabbed and shot in front of his rented
apartment at Bertumen Compound, Palao, Iligan City. Upon hearing her
husband shout, “If you want to kill me, don’t include my wife,” quickly
followed by two gunshots, Vicenta hid inside their apartment. After a few
minutes, she went out of the house and saw Betonio, barely alive, slumped
on the ground with a knife, with a handle like that of an eagle and a carving
like that of a dragon, still pierced through his chest. Before Betonio was
brought to the Dr. Uy Hospital, where he was later pronounced dead on
arrival, he whispered to his wife the names, Delfin and Matas.
Issue:
Are extra-judicial confession executed during preliminary investigation
covered by rules on custodial investigation ?
Ruling:
Yes, the import of the distinction between custodial interrogation and
preliminary investigation relates to the inherently coercive nature of a
1 voluntary
2 made with the assistance of a competent and independent counsel
3 express
4 in writing
In the case at bar, the prosecution dis not present proof of the absence of
any of these requirements.
ISSUE:
Is a Motion to Quash the proper remedy if the information is vague or
indefinite resulting in the serious violation of Enrile’s constitutional right to
be informed of the nature and cause of the accusation against him?
HELD:
NO. When allegations in an Information are vague or indefinite, the remedy
of the accused is not a motion to quash, but a motion for a bill of particulars.
While both the motion to dismiss the Information and the motion for bill of
particulars involved the right of an accused to due process, the enumeration
of the details desired in Enrile’s supplemental opposition to issuance of a
warrant of arrest and for dismissal of information and in his motion for bill
of particulars are different viewed particularly from the prism of their
respective objectives. In the former, Enrile took the position that the
Information did not state a crime for which he can be convicted; thus, the
Information is void; he alleged a defect of substance. In the latter, he
already impliedly admits that the Information sufficiently alleged a crime
but is unclear and lacking in details that would allow him to properly plead
and prepare his defense; he essentially alleged here a defect of form. Note
that in the former, the purpose is to dismiss the Information for its failure
to state the nature and cause of the accusation against Enrile; while the
details desired in the latter (the motion for bill of particulars) are required
to be specified in sufficient detail because the allegations in the Information