Ernesto San Agustin v People of the Philippines; G.R. No. 158211; 31 Aug 2004

in Legal Chyme by

Petitioner was invited/subpoenaed by the National Bureau of Investigation to appear before the said office in connection with a complaint against him for serious illegal detention. When he presented himself at the NBI, he was immediately placed under arrest and prevented from going back home.

Whether or not the arrest was valid.

NO. The petitioner only went to the NBI to answer the subpoena which was issued seven days after the supposed serious illegal detention was committed. None of the arresting officers  had any personal knowledge of facts indicating that petitioner was the person to whom the custody of the victim was turned over and who locked up the latter at the barangay jail. The information upon which the arresting officers acted upon had been derived from the statement made by the alleged eyewitnesses to the incident which information did not constitute personal knowledge.

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