Legal Chyme - page 26

FACTS: A checkpoint was put up and all vehicles that went through it were stopped and checked. The officers flagged down the car driven by the accused and asked permission to inspect the vehicle to which he acceded. When they peered into the rear of the vehicle, they saw a travelling bag which was partially covered by the rim of a spare tire under the passenger seat on the right side of the vehicle. The officers again asked permission to see the contents of the bag. appellant consented to the request. Inside, the officers found forty-one plastic packets of different…

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FACTS: The police promptly arrested appellant seven months after he stabbed two people, one of whom died from his wounds. He was charged with and convicted of murder. ISSUE(S): Whether or not appellant may still question is warrantless arrest. HELD: NO. When accused-appellant was arrested and a case was filed against him, he pleaded not guilty upon arraignment, participated in the trial and presented his evidence. Appellant is thus estopped from questioning the legality of his arrest. It is well-settled that any objection involving a warrant of arrest or procedure in the acquisition by the court of jurisdiction over the…

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FACTS: Equipped with search warrants, combined Philippine Constabulary/Integrated National Police elements searched several houses on the basis of intelligence reports about the presence of armed men who were suspected to have pulled an ambush. No firearm was found but 10 suspects were picked up and later presented in a police lineup to witnesses who positively identified them. All were prosecuted for three counts of murder and one count of frustrated murder, but only appellant was found guilty. ISSUE(S): Whether or not appellant may assail the validity of his arrest without a warrant. HELD: NO. It bears emphasis that accused-appellant, together…

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FACTS: For the fatal stabbing of Charlie Fernandez, the Regional Trial Court of Manila, meted accused David Salvatierra for the crime of Murder the penalty of reclusion perpetua and payment of the amount of P30,183.00 as actual damages and P50,000.00 as indemnity to the heirs of the victims. Consequently, thereto, herein accused appealed his case to the Supreme Court assailing that the lower court erred in not finding that the arrest, investigation and detention of the accused-appellant for the offense charged in the instant case violate of his constitutional rights and for giving weight and credence to the vague and…

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FACTS: Two witnesses came forward to give their statement regarding a shooting incident. They were brought to a hospital where they saw appellant Dural who shot the two victims. The appellants were taken to Capcom’s Bicutan headquarters for questioning. ISSUE(S): Whether or not the arrest was legal. HELD: YES. It is too late for the appellant to question the illegality of their arrests. The irregularity, if any, was cured when they submitted themselves to the jurisdiction of the trial court by filing a petition for bail, entering a plea of not guilty and actively participating at the pre-trial and trial.…

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FACTS: Petitioner was arrested without a warrant on February 28, 1982 by the Philippine Constabulary and has been detained at Camp Alagar, Cagayan de Oro City since then. City Fiscal of Cagayan de Oro filed an information for murder against petitioner with the Municipal Trial Court of Cagayan de Oro. The information was accompanied by affidavits not subscribed before respondent Judge, who failed to ask affiants to ratify their oaths nor asked searching questions. City Fiscal did not conduct preliminary investigation before respondent Judge issued the warrant of arrest. ISSUE(S): Whether or not petitioner may assail the validity of his…

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FACTS: The City Fiscal has shown intent to prosecute petitioner for charges of grave oral defamation. After conducting his preliminary examination and after acquiring jurisdiction over the petitioner, respondent Court referred the criminal complaints to the City Fiscal. Arraignment and hearing of the cases were postponed because the City Fiscal was investigating them. At the proceedings, the City Fiscal entered his appearance for the government and manifested his readiness for trial. ISSUE(S): Whether or not warrants of arrest issued were valid. HELD: YES. Posting the required bail to obtain her provisional liberty renders the issuance of the warrants valid. Posting…

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FACTS: The Valenzuela Police Station received a report about a mauling incident. Upon learning at the hospital that the victim died on arrival and being informed of the cause of death, the policemen proceeded to the crime scene where they found a piece of wood with blood stains, a hollow block and two roaches of marijuana. After being told by the eyewitness the identity of one of the three assailants, the policemen went to appellant’s house where they introduced themselves, and apprehended him and confiscated dried marijuana leaves. ISSUE(S): Whether or not the search of appellant’s person and the seizure…

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FACTS: Petitioner, in a case of road rage, shot the victim and fled the scene. After establishing that that petitioner was probably the assailant, the police launched a manhunt. Six days after the shooting, petitioner presented himself before the police to verify news reports that he was being hunted by the police. He was immediately detained. ISSUE(S): Whether or not petitioner’s warrantless arrest was valid. HELD: NO. Petitioner’s “arrest” took place six (6) days after the shooting of Maguan. The arresting officers obviously were not present, within the meaning of Section 5(a), at the time petitioner had allegedly shot Maguan.…

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FACTS: A buy-bust team was dispatched to entrap appellant Rogelio Abugatal, a plan made on the strength of a tip given by a police informer. After witnessing the exchange, two policemen approached appellant and placed him under arrest, at the same time confiscating the wrapped object he gave the poseur-buyer. Upon prodding, appellant Abugatal led the police to the house of his co-accused Enrile where he identified the latter as the source of the marijuana. Appellant Enrile was frisked and the marked money was found inside his front pocket. ISSUE(S): Whether or not appellant Enrile’s warrantless arrest and search was…

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