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 latter’s
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 People’s
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.