Umil v.

Ramos 187 SCRA 311

Facts: On 1 February 1988, military agents were dispatched to the St. Agnes Hospital, Roosevelt Avenue,
Quezon City, to verify a confidential information which was received by their office, about a "sparrow
man" (NPA member) who had been admitted to the said hospital with a gunshot wound. That the
wounded man in the said hospital was among the five (5)male "sparrows" who murdered two (2) Capcom
mobile patrols the day before, or on 31 January 1988 at about 12:00 o'clock noon, before a road hump
along Macanining St., Bagong Barrio, Caloocan City. The wounded man's name was listed by the hospital
management as "Ronnie Javellon," twenty-two (22) years old of Block 10, Lot 4, South City Homes,
Biñan, Laguna however it was disclosed later that the true name of the wounded man was Rolando Dural.
In view of this verification, Rolando Dural was transferred to the Regional Medical Services of the
CAPCOM, for security reasons. While confined thereat, he was positively identified by the eyewitnesses
as the one who murdered the 2 CAPCOM mobile patrols.

Issue: Whether or Not Rolando was lawfully arrested.

Held: Yes. Rolando Dural was arrested for being a member of the NPA, an outlawed subversive
organization. Subversion being a continuing offense, the arrest without warrant is justified as it can be
said that he was committing as offense when arrested. The crimes rebellion, subversion, conspiracy or
proposal to commit such crimes, and crimes or offenses committed in furtherance therefore in connection
therewith constitute direct assaults against the state and are in the nature of continuing crimes.