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Republic of the Philippines

PUBLIC ATTORNEY’S OFFICE


Sarangani District Office
Hall of Justice Bldg., Capitol Compound
Alabel, Sarangani Province
Email address: paosarangani@gmail.com

February 14, 2019

NPS Doc. No. ______________________________

RE: INQUEST FOR : ADULTERY

Name of Respondents : MARICHU B. CAPALOC


JOENAIRE G. BAGAN

To: THE HONORABLE PROSECUTOR


Office of the Provincial Prosecutor
Sarangani Province

REQUEST FOR IMMEDIATE RELEASED OF THE RESPONDENTS

Dear Sir/Ma’am:

After an interview with the respondents MARICHU B. CAPALOC and


JOENAIRE G. BAGAN they manifested that on 13 February 2019 around 3
o’clock in the afternoon, the respondents with Bagan’s parents were on their
way to Barangay Hall of J.P Laurel, Malungon, Sarangani Province for a
possible conciliation/mediation with the complainant. During the above-
mentioned date, there were no pending complaint filed against the
respondents more so a warrant for their arrest.

It is clear that the incident is not within the scope of a valid warrantless
arrest. It should be noted that the person to be arrested must (a) execute an
overt act indicating he has just committed, is actually committing, or is
attempting to commit a crime; and (b) such overt act is done in the presence

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or within the view of the arresting officer (Valdez vs. People, G.R. No.
170180, 23 November 2007).

In this instant, there was no overt act indicating that the respondents has just
committed, is actually committing, or is attempting to commit a crime of
adultery. Going to Barangay Hall of J.P Laurel, Malungon, Sarangani
Province for a conciliation/mediation is, clearly, not an overt act for a crime
of adultery.

With this manifestation, the undersigned respectfully requests that the


respondents be immediately released.

Respectfully Submitted.

BAI ALEFHA HANNAH M. MUSA-ABUBACAR


Public Attorney I
Public Attorney’s Office
Sarangani Province

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