Umil v Ramos Date: July 9, 1990 PER CURIAM Facts: There are 8 petitions for habeas corpus filed

before the Court, which have been consolidated because of the similarity of issues raised, praying for the issuance of the writ of habeas corpus, ordering the respective respondents to produce the bodes of the persons named therein and to explain why they should not be set at liberty without delay !ccording to respondents, the privilege of the writ of habeas corpus is not available to petitioners as they have been "1# legally arrested and are "$# detained by virtue of valid informations filed in courts against them %n the other hand, the petitioners say that their "1# detention is unlawful as their arrests were made without warrant and "$# that no preliminary investigation was first conducted, so that the informations filed against hem are null and void 1 UMIL v RAMOS &olando 'ural, a member of the ()! li*uidation s*uad, responsible for the +illing of $ C!)C%, "Capital Command# soldiers that day before, was being treated for a gunshot wound at -t !gnes .ospital /n view of his verification, he was transferred to the &egional ,edical -ervices of the C!)C%, for security reasons 0hile confined, he was positively identified by the eyewitnesses to have committed the crime imputed against him !s a conse*uence, he was referred to the Caloocan City 1iscal who conducted an in*uest and later filed an information charging him with 2'ouble ,urder with !ssault upon !gents of )ersons in !uthority 3 o (o bail was recommended o !mended to include as defendant 4ernardo /ncal Jr ,eanwhile, a petition for habeas corpus was filed on behalf of &oberto 5mil, &olando 'ural and &enato 6illanueva ROQUE v DE VILLA &ogelio &amos y /banes "former ()!# surrendered to the military authorities and told them of the operations of C))7()! in ,anila .e identified some of his former comrades and also pointed to &enato Constantino8s house in ,ari+ina declaring it as a safe house of (51C "(ational 5nited 1ront Commission# of the C))7()!9 hence, the house was placed under military surveillance )ursuant to a search warrant issued "&TC )asig City#, a search of the house was conducted by a combined team of the Criminal /nvestigation -ervice, (ational Capital 'istrict "C/- : (C'# and the Constabulary -ecurity ;roup "C-;# o &enato Constantino could not produce any permit or authority to possess the firearms, ammunition, radio and other communications e*uipment .ence, he was brought to C/- .ead*uarters for investigation o /nvestigation< &efused to give a written statement although he admitted that he was a staff member of the executive committee of the (51C and a ran+ing member of the /nternational 'epartment of the CC) 0ilfredo 4uenaobra arrived at the house of Constantino 0hen *uestioned, he admitted that he was a regular member of the C))=()! and that he is +nown as >a7,iller "courier# 0ith hi are several letters and also a paper containing a ?umbled telephone number of the sister of !melia &o*ue !n information for violation of the !nti7-ubversion !ct was filed !cting on the lead of the whereabouts of &o*ue, military agents went to the given address and as+ed permission to search the place They found out that it was another safe house of the (51C=C)) !s a result, !melia &o*ue and the other occupants were brought to Camp Crame !melia &o*ue admitted ownership over the subversive documetns and said that the other occupants have no +nowledge of them -he was brught to the City Caloocan 1iscal for in*uest and after which an information charging her with a violation of )' 18@@ was filed ,uch later, another information was filed against her for violation of the !nti7-ubversion !ct ANONUEVO v RAMOS 'omingo !nunevo and &amon Casiple arrived at Contantino8s house which was still under surveillance The military agents noticed bulging ob?ects on their waist9 when fris+ed, agents found them to be loaded guns .aving no permit to carry such, they were brought to the )C .ead*uarters .ere, "1# subversive documents were found in their possession9 and "$# they were positively identified by former comrades to be members of the CC) The provincial fiscal conducted an in*uest and filed an information charging them of violation of )' 18@@ (o bail was recommended ! petition for habeas corpus was filed on their behalf OCAYA v AGUIRRE ,ilitary agents, armed with a search warrant, searched a house in ,ari+ina believing it to be occupied by 4enito Tiamson "head of C))7()!# 'uring the search, 6ic+y %caya and 'anny &ivera arrived /n her car, several subsversive documents and rounds of ammunition were found .aving no permit, she was charged in an information with a violation of )' 18@@ o 'anny &ivera was released from custody Vicky Ocaya, Domingo Anunuevo, Ramon Casi !e and Ame!ia Ro"ue claim the firearms, ammunition and subversive documents alleged to have been found in their possession did not belong to them but were planted by military agents to ?ustify their illegal arrest ES#IRI$U v LIM 'eogracias Dspirity, general secretary of )/-T%( ")inag+aisahang -amahan ng Tsuper at %perators

C @

(ationwide# was awa+ened by his sister who told him that a group of people wanted to hire his ?eep 0hen he went down to tal+ to them, he was immediately arrested and placed in the owner7type ?eepney o (o warrant of arrest o (ot allowed to be accompanied by the sister .e was interrogated and detained !fter which, an information for violation of &)C 1B$ "/nciting to -edition# was filed Eim claims that it was a lawful arrest even without a ?udicial warrant of arrest since they had probablce cause to arrest him o 5rged drivers and operators to go on a nationwide stri+e "2slip3# o 'o everything so that the ;overnment of Cory !*uino will listen to their plights 2hanggang mag+agulo7gulo na3 NA%ARENO v S$A$ION COMMANDER &omulo 4unye // was +illed by a group of men %ne of the suspects was &amil &egala who later pointed to his co7accused (arciso (aGareno& !s evidence of guilt is strong, (aGareno, &egala and two others were charged with the +illing of &omulo 4unye // (arciso (aGareno filed a motion to post bail but this was denied ! petition for habeas corpus was then filed on his behalf )lea for examination and abandonment of ILAGAN v ENRILE ruling "2writ of habeas corpus is no longer available after an information is filed against the person detained and a warrant of arrest or an order of commitment is issued by the court where the information is filed3# .anded down during the post7dictatorial regime9 therefore, incompatible with the basic and constitutional rights of the people )ossible arrest and detention despite lac+ of evidence )rotective mantle for militaries Eawless arbitrary state action

Issue: 0%( arrest without warrant were ?ustified Held: Hes )ersons detained have not been illegally arrested nor arbitrarily deprived of their constitutional right to liberty9 and that the circumstances attending these cases do not warrant their release on habeas corpus Ratio: 1 -ection C, &ule 11A of &%C : arrest without warrant is recogniGed by law "includes arrests in flagrante delicto# )etitioners had freshly committed or actually committing an offense when apprehended 'etained by virtue of valid informations filed against them

B C

UMIL v RAMOS )etition for habeas corpus for 5mil and 6illanueva is now moot and academic "dismissed# o &eleased on bail 'ural : 0rit of habeas corpus is no longer available since he is already serving the sentence imposed by the trial court o ()! member -ubversion is a continuing offense "direct assault against the -tate# )' $0BC ,assive conspiracy !rrest and capture is impelled by exigencies of the situation that involves the very survival of society and its government and duly constituted authoriGes ROQUE v DE VILLA 0ilfredo 4uenaobra : .abeas corpus is also moot and academic o ,anifested his desire to stay in Camp Crame !melia &o*ue o %fficer and member of (51C7C)) : continuing offense o !t time of apprehension, in possession of ammunitions without license to posses the same ANONUEVO v RAMOS !nnonuevo and Casiple o Carrying unlicensed firearms and ammunition when apprehended o 1iling of an information without preliminary investigation having been first conducted is sanctioned by -ection F, &ule 11$ of &%C o 'id not sign a waiver of the provisions of &)C 1$C o (or did they as+ for a preliminary investigation after the informations had been filed against them in court OCAYA v AGUIRRE 6ic+y %caya arrested in flargrante delicto (o preliminary investigation was conducted because she was arrested without warrant and she refused to waive provisions of &)C 1$C pursuant to-ection F, &ule 11$ Vicky Ocaya, Domingo Anunuevo, Ramon Casi !e and Ame!ia Ro"ue )etitioners have not introduced evidence supporting their claim (o motive or ill7will on the part of arresting officers

(o see+ers of glory or bounty hunters !rrest is not a product of a witch hunt or fishing expedition but an in7depth surveillance of ()! safe houses o (ot up to a sinister plot ES#IRI$U v LIM !rrest without warrant by virtue of a probable cause 'etained by virtue of a valid information filed with the competent court &ecommended bail "according to -C#< )10,000 NA%ARENO v S$A$ION COMMANDER 1indings of &TC 4iIan are based on fact and law !rrest based on probable cause o )ositively implicated by co7accused ILAGAN v ENRILE (o compelling reason to abandon the doctrine o 4ased upon the &%C o 1ears expressed are not unremediable o MORALES v ENRILE : /n all petitions for habeas corpus, the Court must in*uirer into every place and aspect of petitioner8s detention : from the moment petitioner was ta+en into custody and up to the moment the Court passes upon the merits of the petition and only after such a scrutiny can the Court satisfy itself that the due process clause of our Constitution has in fact been satisfied "immediate scrutiny and disposition# o o

Cruz "'issenting and Concurring#< 'issents on the idea that subversion is a continuing offense to ?ustify the arrest without warrant of any person at any time as long as such person has been placed under surveillance This is dangerous Feliciano "Concurring#< /mportant to distinguish between speech protected by the Constitution and speech violative of &)C 1B$ !pply concept of continuing offense narrowly for purposes of &ule 11A : -ec A"b# UMIL v ES#IRI$U has a verified complaint already Sarmiento "'issenting#< .abeas corpus lies in all 8 cases 1 &olando 'ural Charged with 2'ouble ,urder with !ssault upon !gents of !uthority3 and (%T subversion !rrested a day after !bsence of over act of subversion "in the hospital# Confidential information is hearsay and not personal +nowledge (ot proven he was an ()! 0rit may be granted upon a ?udgment already final $ 0ilfredo 4uenaobra -hould have loo+ed into his decision : strange why he prefers to stay in ?ail A !melia &o*ue )rove ()! membership B !nonuevo )rove ()! membership C Casiple )rove ()! membership @ 6ic+y %caya -uccesful fishing expedition conducted by the military F Dspiritu 'oes not fall under the circumstances of warrantless arrest !n information cannot +eep one in detention 8 (aGareno Crime had long been committed %thers< GARCIA, #ADILLA, ENRILE : subversion as a continuing offense is (% E%(;D& ! ;%%' E!0J o &epugnant to due process of law o Eeaves liberty of citiGens to whim of 1 man (one of the petitioners have been informed of their right to remain silent and right to have a competent and independent counsel o 6iolation of the Constitution divests the court of ?urisdiction and entitles the accused to habeas corpus ILAGAN : an information is not a warrant of arrest The fact that an information exists does not mean that a warrant will be issued 1reedom by way of writ of liberty &ight to preliminary investigation