Espiritu vs. Lim, G.R. No.

85727, October 3, 1991

Petition for Habeas Corpus
ART. 141. Conspiracy to commit sedition

Facts:
The petitioner is the General Secretary of the Pinagkaisahang Samahan ng Tsuper at Operators
Nationwide (PISTON), an association of drivers and operators of public service vehicles in the
Philippines, organized for their mutual aid and protection.
In November 23, 1988, while he was sleeping, he was awakened by his sister who told him that
there were group of persons who wanted to hire his jeepney. He went down to talk to them but
then he was immediately arrested. He was bodily lifted and placed him in the owner-type
jeepney. He requested that his sister accompany him but they did not listen to his request and
hurriedly sped away.
He was brought to Police Station No. 8 of the Western Police District at Blumentritt, Manila
where he was interrogated and detained. He was brought before the respondent Lim and, there
and then, the said respondent ordered his arrest and detention.  He was thereafter brought to
the General Assignment Section, Investigation Division of the Western Police District where he
was detained, restrained and deprived of his liberty.
The respondents claim however, that the detention of the petitioner is justified in view of the
Information filed against him before the Regional Trial Court of Manila, docketed therein him
with violation of Art. 142 of the Revised Penal Code (Inciting to Sedition).
The respondents also claim that the petitioner was lawfully arrested without a judicial warrant
of arrest since petitioner when arrested had in fact just committed an offense in that in the
afternoon of 22 November 1988, during a press conference at the National Press Club,

Espiritu spoke at a gathering of drivers and sympathizers, where he said, among other things:

Bukas tuloy ang welga natin . . . hanggang sa magkagulona.

Espiritu was arrested without warrant, not for subversion or any "continuing offense," but for uttering
the above-quoted language which, in the perception of the arresting officers, was inciting to sedition.

Issue:
Whether or not there was a valid arrest in relation to the alleged crime of inciting to sedition
committed by Espiritu. - YES

Ruling:
The arrest of the petitioner without a warrant was in accordance with the provisions of Rule 113,
Sec. 5(b) of the Rules of Court and that the petitioner is detained by virtue of a valid information
filed with the competent court.  
Many persons may differ as to the validity of such perception and regard the language as falling
within free speech guaranteed by the Constitution. But, then, Espiritu had not lost the right to insist,
during the pre-trial or trial on the merits, that he was just exercising his right to free speech
regardless of the charged atmosphere in which it was uttered. But, the authority of the peace officers
to make the arrest, without warrant, at the time the words were uttered, or soon thereafter, is still
another thing. In the balancing of authority and freedom, which obviously becomes difficult at times,
the Court has, in this case, tilted the scale in favor of authority but only for purposes of the arrest (not
conviction).
the Court has ordered the bail for Espiritu's release to be reduced from P60,000.00 to P10,000.00.

DISMISSED - For Espiritu had before arraignment asked the court a quo for re-investigation, the
peace officers did not appear. Because of this development, the defense asked the court a quo at
the resumption of the hearings to dismiss the case.