Professional Documents
Culture Documents
Pestilos, Dwight Macapanas, Miguel Gaces, Jerry Fernandez arresting officer has probable cause to believe based on personal knowledge
and Ronald Muoz v. People of the Philippines of facts or circumstances that the person to be arrested has committed it.
G.R. No. 182601, November 10, 2014
Brion, J.: The Court's appreciation of the elements that "the offense has just been
committed" and ''personal knowledge of facts and circumstances that the
FACTS: person to be arrested committed it" depended on the particular circumstances
The petitioners were indicted for attempted murder. Petitioners filed an Urgent of the case. The element of ''personal knowledge of facts or circumstances",
Motion for Regular Preliminary Investigation on the ground that there no valid however, under Section 5(b), Rule 113 of the Revised Rules of Criminal
warrantless took place. The RTC denied the motion and the CA affirmed the Procedure requires clarification. Circumstances may pertain to events or
denial. actions within the actual perception, personal evaluation or observation of the
police officer at the scene of the crime. Thus, even though the police officer
Records show that an altercation ensued between the petitioners and Atty. has not seen someone actually fleeing, he could still make a warrantless
Moreno Generoso. The latter called the Central Police District to report the arrest if, based on his personal evaluation of the circumstances at the scene
incident and acting on this report, SPO1 Monsalve dispatched SPO2 Javier to of the crime, he could determine the existence of probable cause that the
go to the scene of the crime and render assistance. SPO2, together with person sought to be arrested has committed the crime.
augmentation personnel arrived at the scene of the crime less than one hour
after the alleged altercation and saw Atty. Generoso badly beaten. However, the determination of probable cause and the gathering of facts or
circumstances should be made immediately after the commission of the crime
Atty. Generoso then pointed the petitioners as those who mauled him which in order to comply with the element of immediacy. In other words, the clincher
prompted the police officers to invite the petitioners to go to the police station in the element of ''personal knowledge of facts or circumstances" is the
for investigation. At the inquest proceeding, the City Prosecutor found that the required element of immediacy within which these facts or circumstances
petitioners stabbed Atty. Generoso with a bladed weapon who fortunately should be gathered.
survived the attack.
With the facts and circumstances of the case at bar that the police officers
Petitioners aver that they were not validly arrested without a warrant. gathered and which they have personally observed less than one hour from
the time that they have arrived at the scene of the crime, it is reasonable to
ISSUE: conclude that the police officers had personal knowledge of the facts and
Are the petitioners validly arrested without warrant when the police officers did circumstances justifying the petitioners warrantless arrests.
not witness the crime and arrived only less than an hour after the alleged
altercation? Hence, the petitioners were validly arrested and the subsequent inquest
proceeding was likewise appropriate.
HELD:
YES, the petitioners were validly arrested without warrant. Section 5(b), Rule
113 of the Revised Rules of Criminal Procedure provides that:
When an offense has just been committed, and he has probable cause to
believe based on personal knowledge of facts or circumstances that the
person to be arrested has committed it.
The elements under Section 5(b), Rule 113 of the Revised Rules of Criminal
Procedure are: first, an offense has just been committed; and second, the
GERLIE M. Uy vs JUDGE ERWIN B. Javellana
A.M. No. MTJ-07-1666
Facts: This administrative case arose from a verified complaint for
"gross ignorance of the law and
procedures, gross incompetence, neglect of duty, conduct improper
and unbecoming of a judge, grave
misconduct and others," filed by Public Attorneys Gerlie M. Uy (Uy)
and Ma. Consolacion T. Bascug
(Bascug) of the (PAO), La Carlotta District, against Presiding Judge
Javellana of the MeTC, La Castellana,
Negros Occidental.
Public Attorneys Uy and Bascug alleged the following in their
complaint: