Digest People vs.

Burgos Facts: One Cesar Masamlok surrendered to the authorities at the Davao del Sur Constabulary HQ. He testified that Ruben Burgos forcibly recruited him as member of NPA. Burgos threatened him with the use of a firearm. Masamlok attended the seminar where Burgos spoke about his membership with the NPA and the organizations desire to overthrow the government. Pursuant to this information, PC-INP members went to house of accused. Accused was plowing the field when they arrived. Pat. Bioco called accused and asked him about the firearm. Accused denied possession of said firearm but later, his wife pointed to a place below their house where a gun was buried in the ground. After the recovery of said firearm, accused pointed to a stock pile of cogon where the officers recovered: 14 marron notebook 15 pamphlets: Ang Byan, Pahayagan ng Paritdo Komunista ng Pilipinas ets Accused admitted that firearm was issued to him by Nestor Jimines, team leader of sparro unit.

RTC: convicted
Issue: WON warrantless arrest was valid Held: NO Ratio: Not under the conditions provided in rules 1. The officer arresting a person who has just committed, is committing, or is about to commit an offense must have personal knowledge of that fact. 2. The test of reasonable ground applies only to the identity of the perpetrator 3. Under Section 6(b), it is not enough that there is reasonable ground to believe that a person to be arrested has committed a crime; a crime must in fact or actually have been committed first. Issue: WON search was valid Held: NO Ratio: If an arrest without a warrant is unlawful at the moment it is made, generally nothing that happened or is discovered afterwards can make it lawful. 16 There was to waiver to search in case at bar. To constitute waiver, 3 requisites must concur: 1. that the right exists 2. that the person involved had knowledge, actual or constructive, of the existence of such right 3. that said person had an actual intention to relinquish the right Others: 17 denied of right to counsel during custodial interrogation 18 counsel was only called when accused subscribed under oath his statement Masamloks testimony was uncorroborated. He was an interested witness. Wanted trade-off: membership with Civil Home Defense Force. Disposition. JUDGMENT REVERSED AND SET ASIDE. ACQUITTED.