Download GR. No. 182601 Pestilos vs Generoso.docx PDF

TitleGR. No. 182601 Pestilos vs Generoso.docx
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Table of Contents
                            I. WHETHER OR NOT THE PETITIONERS WERE VALIDLY ARRESTED WITHOUT A WARRANT.
II. WHETHER OR NOT THE PETITIONERS WERE LAWFULLY ARRESTED WHEN THEY WERE MERELY INVITED TO THE POLICE PRECINCT.
III. WHETHER OR NOT THE ORDER DENYING THE MOTION FOR PRELIMINARY INVESTIGATION IS VOID FOR FAILURE TO STATE THE FACTS AND THE LAW UPON WHICH IT WAS BASED.
Ruling:
We find the petition unmeritorious and thus uphold the RTC Order.
First Issue:
From a review of the records, we conclude that the police officers had personal knowledge of facts or circumstances upon which they had properly determined probable cause in effecting a warrantless arrest against the petitioners.
The arresting officers went to the scene of the crime upon the complaint of Atty. Generoso of his alleged mauling; the police officers responded to the scene of the crime less than one (1) hour after the alleged mauling; the alleged crime transpired in a community where Atty. Generoso and the petitioners reside; Atty. Generoso positively identified the petitioners as those responsible for his mauling and, notably, the petitioners and Atty. Generoso lived almost in the same neighborhood; more importantly, when the petitioners were confronted by the arresting officers, they did not deny their participation in the incident with Atty. Generoso, although they narrated a different version of what transpired.
Personal knowledge of a crime just committed under the terms of the above-cited provision, does not require actual presence at the scene while a crime was being committed; it is enough that evidence of the recent commission of the crime is patent (as in this case) and the police officer has probable cause to believe based on personal knowledge of facts or circumstances, that the person to be arrested has recently committed the crime.
Second Issue:
The term “invited” in the Affidavit of Arrest is construed to mean as an authoritative command.
                        

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