Umil v Ramos; G.R. No. 81567; 09 Jul 1990; 187 SCRA 311

FACTS:
The Regional Intelligence Operations Unit of the Capital Command (RIOU-CAPCOM) received confidential information about a member of the NPA Sparrow Unit being treated for a gunshot wound at a hospital. Upon verification, it was found that the wounded person who was listed in the hospital records as Ronnie Javelon is actually petitioner Rolando Dural, a member of the NPA liquidation squad responsible for the killing of two CAPCOM soldiers the day before. He was positively identified by eyewitnesses as the gunman who went on top of the hood of the CAPCOM mobile patrol car and fired at the two CAPCOM soldiers seated inside.

ISSUE(S):
Whether or not petitioner’s arrest was lawful.

RULING:
YES. Petitioner Dural was arrested for being a member of the New Peoples Army (NPA), an outlawed subversive organization. Subversion being a continuing offense, the arrest of Rolando Dural without a 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 in furtherance thereof or in connection therewith constitute direct assaults against the State and are in the nature of continuing crime.

Petitions are DISMISSED.

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Category: Legal Chyme

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