Umil v.

Ramos, 202 SCRA 251 (1991)

Facts:

Separate motions before the Court, seeking reconsideration.

In the Umil case, the arresting officers had good reason to believe that an
NPA member (Rolando Dural, although using a fictitious name) was indeed
being treated at St. Agnes Hospital, QC for gunshot wounds. The information
was from the attending doctor and hospital management, and therefore came
from reliable sources.
In the case of Wilfredo Buenaobra, the same admitted that he was an NPA
courier.
In the case of Amelia Roque, subversive documents and live ammunition
were found at the time of her arrest, and she admitted to owning such
documents.
As regards Domingo Anonuevo & Ramon Casiple, agents frisked them and
found subversive documents & loaded guns without permits.
With regard to Vicky Ocaya, she arrived at a house subject to a search
warrant. Ammunition & subversive documents were found in her car.
In the Nazareno case, Narciso Nazareno was identified by Ramil Regala as the
latters companion in killing Romulo Bunye II.

Issue:

Whether or not Rolando Dural (and other petitioners in the other consolidated
cases) was lawfully arrested

Ruling:

Dural and the other petitioners were lawfully arrested for being members
of the New Peoples Army (mere membership is penalized), and for
subversion (a continuing offense).
Subversion and rebellion are anchored on an ideological base which compels
the repetition of the same acts of lawlessness & violence until the objective of
overthrowing organized government is attained.
Likewise, the arresting officers had personal knowledge of facts indicating
that the person to be arrested is the one who committed the offense (based
on actual facts), coupled with good faith in making the arrest.
The Court reiterates that mere suspicion of being a Communist Party member
or a subversive is absolutely not a ground for the arrest without warrant of
the suspect. The Court predicated the validity of the arrests on the

compliance with the requirements of a long existing law; probable cause and
good faith of the arresting peace officers; and that the arrest be on the basis
of actual facts and circumstances.