Professional Documents
Culture Documents
factual situations obtaining in the several The writ of habeas corpus exists as a
the Rules of Court. 3
petitions. Among these laws are th outlawing speedy and effective remedy to relieve
the Communist Party of the Philippines (CPP) persons from unlawful restraint. Therefore, 4
released.
no longer reflect the thinking or sentiment of
the people, it is Congress as the elected
representative of the people — not the Court
— that should repeal, change or modify them.
In the petitions at bar, to ascertain whether the detention petitioners was illegal
or not, the Court before rendering decision dated 9 July 1990, looked into
In their separate motions for reconsideration, whether their questioned arrests without warrant were made in accordance with
petitioners, in sum, maintain: law. For, if the arrests were made in accordance with law, would follow that the
detention resulting from such arrests also in accordance with law.
1. That the assailed decision, in
upholding the validity of the
questioned arrests made without
warrant, and in relying on the There can be no dispute that, as a general rule, no peace officer or person has the power or authority to arrest anyo
The crimes of insurrection or rebellion, Viewed from another but related perspective,
subversion, conspiracy or proposal to it may also be said, under the facts of the Umil
commit such crimes, and other crimes case, that the arrest of Dural falls
and offenses committed in the under Section 5, paragraph (b), Rule 113 of
furtherance (sic) on the occasion the Rules of Court, which requires two (2)
thereof, or incident thereto, or in conditions for a valid arrestt without
connection therewith under warrant: first, that the person to be arrested
Presidential Proclamation No. 2045, has just committed an offense, and second,
are all in the nature of continuing that the arresting peace officer or private
offenses which set them apart from person has personal knowledge of facts
the common offenses, aside from their indicating that the person to be arrested is the
essentially involving a massive one who committed the offense. Section 5(b),
conspiracy of nationwide Rule 113, it will be noted, refers to arrests
magnitude. . . . without warrant, based on "personal
knowledge of facts" acquired by the arresting
Given the ideological content of membership officer or private person.
in the CPP/NPA which includes armed
struggle for the overthrow of organized It has been ruled that "personal knowledge of
government, Dural did not cease to be, or facts," in arrests without warrant must be
became less of a subversive, FOR based upon probable cause, which means an
PURPOSES OF ARREST, simply because he actual belief or reasonable grounds of
was, at the time of arrest, confined in the St. suspicion 9
without warrant, at the St. Agnes Hospital, had circumstances sufficiently strong in themselves to create the probable cause of guilt of the person to be
shot two (2) CAPCOM policemen in their A reasonable suspicion therefore must
arrested. 10
patrol car. That Dural had shot the two (2) be founded on probable cause, coupled with
policemen in Caloocan City as part of his good faith on the part of the peace officers
mission as a "sparrow" (NPA member) did not making the arrest. 11
to the whereabouts of Roque; 17 that, at the time of her arrest, the action against the peace officers involved.
For, one of the duties of law enforcers is to arrest lawbreakers in order to place them in the hands of executive and
4. As regards Domingo Anonuevo and Ramon Casiple they were
judicial authorities upon whom devolves the duty to investigate the acts constituting the alleged violation of law and to
arrested without warrant on 13 August 1988, when they arrived at the
said house of Renato Constantine in the evening of said date; that
An arrest is therefore in
prosecute and secure the punishment therefor. 21
Tiamzon) were being used by the CPP/NPA for their operations, with information
The courts should not expect of law-enforcers more than what the law requires of them. Under the conditions set forth in
as to their exact location and the names of Renato Constantine and Benito Section 5, Rule 113, particularly paragraph (b) thereof, even if the arrested persons are later found to be innocent and
and that the police authorities were present during the press conference held at the National Press Club (NPC) on 22
November 1988 where Espiritu called for a nationwide strike (of jeepney and bus drivers) on 23 November
for subversion or any "continuing offense," but Although the killing of Bunye II occurred on 14 December 1988, while
for uttering the above-quoted language which, Nazareno's arrest without warrant was made only on 28 December 1988, or 14
in the perception of the arresting officers, days later, the arrest fans under Section 5(b) of Rule 113, since it was only on
was inciting to sedition. 28 December 1988 that the police authorities came to know that Nazareno was
probably one of those guilty in the killing of Bunye II and the arrest had to be
made promptly, even without warrant, (after the police were alerted) and despite
Many persons may differ as to the validity of
the lapse of fourteen (14) days to prevent possible flight.
such perception and regard the language as
falling within free speech guaranteed by the
Constitution. But, then, Espiritu had not lost As shown in the decision under consideration, this Court, in upholding the arrest
the right to insist, during the pre-trial or trial on without warrant of Nazareno noted several facts and events surrounding his
the merits, that he was just exercising his right arrest and detention, as follows:
authority of the peace officers to make the warrant), an information charging Narciso Nazareno, Ramil Regala
arrest, without warrant, at the time the words and two (2) others, with the killing of Romulo Bunye II was filed wit
were uttered, or soon thereafter, is still the Regional Trial Court of Makati, Metro Manila. The case is dock
another thing. In the balancing of authority eted therein as Criminal Case No. 731.