ROLITO GO V.

CA
Facts:

A witness identified Rolito Go as the person who had shot Eldon

Maguan after a near vehicular collision at the corner of Wilson
and J. Abad Santos Sts., San Juan, Metro Manila.
Six days after the police launched a manhunt for Go, petitioner,
accompanied by two (2) lawyers, presented himself before the
San Juan Police Station to verify news reports that he was being
hunted by the police. The police detained him then and filed a
complaint against him for frustrated homicide, which was later
modified to murder, since the victim Maguan died of his gunshot
wound.

Issue:

Whether or not a lawful warrantless arrest had been effected by

the San Juan Police in respect of petitioner.

Ruling:

NO. There was no lawful warrantless arrest of petitioner within

the meaning of Section 5 of Rule 113; in fact, petitioner was not
arrested at all. When he walked into San Juan Police Station,
accompanied by two lawyers, he in fact placed himself at the
disposal of the police authorities. He did not state that he was
"surrendering" himself, in all probability to avoid the implication
he was admitting that he had slain Eldon Maguan or that he was
otherwise guilty of a crime. When the police filed a complaint for
frustrated homicide with the Prosecutor, the latter should have
immediately scheduled a preliminary investigation to determine
whether there was probable cause for charging petitioner in court
for the killing of Eldon Maguan. Moreover, since petitioner had
not been arrested, with or without a warrant, he was also entitled
to be released forthwith subject only to his appearing at the
preliminary investigation.