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  • Umil Vs Ramos

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    Umil vs Ramos

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    17 views1 page

    Umil Vs Ramos

    Uploaded by

    Juancho Lising
    Digest

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    UMIL vs.

    RAMOS
    GR NO 81567

    CONTENTION OF THE STATE


    The Regional Intelligence Operations Unit of the Capital Command (RIOU-CAPCOM) received
    information about a member of the NPA Sparrow Unit (liquidation squad) being treated for a
    gunshot wound in Quezon City. It was found that the wounded person is Rolando Dural, a
    member of the NPA liquidation squad, responsible for the killing of two CAPCOM soldiers in
    Caloocan City.

    Rolando Dural was charged with the crime of "Double Murder with Assault upon Agents of
    Persons in Authority." Feb 1988, a petition for habeas corpus was filed with this Court on behalf
    of Roberto Umil, Rolando Dural, and Renato Villanueva. The Court issued the writ.

    DEFENSE OF THE ACCUSED:


    The petitioner’s counter that their detention is unlawful as their arrests were
    made without warrant and, that no preliminary investigation was first conducted, so that
    the information filed against them are null and void.

    Rolando Dural, it clearly appears that he was not arrested while in the act of shooting the two
    CAPCOM soldiers. Nor was he arrested just after the commission of the said offense for his
    arrest came a day after the said shooting incident. Seemingly, his arrest without warrant is
    unjustified.

    RESOLUTION:

    Rolando Dural was arrested for being a member of the New Peoples Army (NPA), the
    arrest without warrant is justified as it can be said that he was committing an offense when
    arrested. The crimes of rebellion, subversion, conspiracy or proposal to commit such crimes,
    and crimes or offenses committed or in connection constitute direct assaults against the State
    and are in the nature of continuing crimes.

    The arrest of persons involved in the rebellion whether as its fighting armed elements, or for
    committing non-violent acts but in furtherance of the rebellion, is more an act of capturing them
    in the course of an armed conflict, to quell the rebellion, than for the purpose of
    immediately prosecuting them in court for a statutory offense. The arrest need not follow the
    usual procedure in the prosecution of offenses which requires the determination by a judge of
    the existence of probable cause before the issuance of a judicial warrant of arrest and the
    granting of bail if the offense is bailable.

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