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    GO VS Ca Digest

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    Jay Suarez
    1) The petitioner was involved in a shooting incident after a near-collision on a one-way street and fled the scene. He later turned himself in at the police station accompanied by lawyers. 2) The prosecutor filed criminal charges against the petitioner in court without conducting a preliminary investigation, arguing that the petitioner waived this right by posting bail. 3) The Court ruled that the petitioner's warrantless arrest was unlawful as the arresting officers did not personally witness the incident. It also found that the petitioner was not under arrest when he turned himself in. The prosecutor was ordered to conduct a preliminary investigation before proceeding with the trial.

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    GO VS Ca Digest

    Uploaded by

    Jay Suarez
    783 views2 pages
    1) The petitioner was involved in a shooting incident after a near-collision on a one-way street and fled the scene. He later turned himself in at the police station accompanied by lawyers. 2) The prosecutor filed criminal charges against the petitioner in court without conducting a preliminary investigation, arguing that the petitioner waived this right by posting bail. 3) The Court ruled that the petitioner's warrantless arrest was unlawful as the arresting officers did not personally witness the incident. It also found that the petitioner was not under arrest when he turned himself in. The prosecutor was ordered to conduct a preliminary investigation before proceeding with the trial.

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    GO VS ca digest

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    1) The petitioner was involved in a shooting incident after a near-collision on a one-way street and fled the scene. He later turned himself in at the police station accompanied by lawyers. 2) The prosecutor filed criminal charges against the petitioner in court without conducting a preliminary investigation, arguing that the petitioner waived this right by posting bail. 3) The Court ruled that the petitioner's warrantless arrest was unlawful as the arresting officers did not personally witness the incident. It also found that the petitioner was not under arrest when he turned himself in. The prosecutor was ordered to conduct a preliminary investigation before proceeding with the trial.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    783 views2 pages

    GO VS Ca Digest

    Uploaded by

    Jay Suarez
    1) The petitioner was involved in a shooting incident after a near-collision on a one-way street and fled the scene. He later turned himself in at the police station accompanied by lawyers. 2) The prosecutor filed criminal charges against the petitioner in court without conducting a preliminary investigation, arguing that the petitioner waived this right by posting bail. 3) The Court ruled that the petitioner's warrantless arrest was unlawful as the arresting officers did not personally witness the incident. It also found that the petitioner was not under arrest when he turned himself in. The prosecutor was ordered to conduct a preliminary investigation before proceeding with the trial.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    GO VS. COURT OF APPEALS [206 SCRA 138; G.R. NO.

    101837; 11 FEB 1992]


    Wednesday, February 04, 2009 Posted by Coffeeholic Writes
    Labels: Case Digests, Political Law

    Facts:

    Petitioner, while traveling in the wrong direction on a one-way

    street, almost had a collision with another vehicle. Petitioner thereafter


    got out of his car, shot the driver of the other vehicle, and drove off. An
    eyewitness of the incident was able to take down petitioners plate
    number and reported the same to the police, who subsequently ordered a
    manhunt for petitioner. 6 days after the shooting, petitioner presented
    himself in the police station, accompanied by 2 lawyers, the police
    detained him. Subsequently a criminal charge was brought against him.
    Petitioner posted bail, the prosecutor filed the case to the lower court,
    setting

    and

    commencing

    trial

    without

    preliminary

    investigation.

    Prosecutor reasons that the petitioner has waived his right to preliminary
    investigation as bail has been posted and that such situation, that
    petitioner has been arrested without a warrant lawfully, falls under
    Section 5, Rule 113 and Section 7, Rule 112 of The 1985 Rules of Criminal
    Procedure which provides for the rules and procedure pertaining to
    situations of lawful warrantless arrests. Petitioner in his petition for
    certiorari assails such procedure and actions undertaken and files for a
    preliminary

    investigation.

    Issues:
    (1) Whether or Not warrantless arrest of petitioner was lawful.
    (2) Whether or Not petitioner effectively waived his right to preliminary
    investigation.

    Held: Petitioner

    and prosecutor err in relying on Umil v. Ramos,

    wherein the Court upheld the warrantless arrest as valid effected 1 to 14


    days from actual commission of the offenses, which however constituted
    continuing

    crimes,

    i.e.

    subversion,

    membership

    in

    an

    outlawed

    organization, etc. There was no lawful warrantless arrest under Section 5,


    Rule 113. This is because the arresting officers were not actually there
    during the incident, thus they had no personal knowledge and their
    information regarding petitioner were derived from other sources. Further,
    Section

    7,

    Rule

    112,

    does

    not

    apply.

    Petitioner was not arrested at all, as when he walked in the police station,
    he neither expressed surrender nor any statement that he was or was not
    guilty of any crime. When a complaint was filed to the prosecutor,
    preliminary investigation should have been scheduled to determine
    probable cause. Prosecutor made a substantive error, petitioner is entitled
    to preliminary investigation, necessarily in a criminal charge, where the
    same is required appear thereat. Petition granted, prosecutor is ordered
    to conduct preliminary investigation, trial for the criminal case is
    suspended pending result from preliminary investigation, petitioner is
    ordered released upon posting a bail bond.

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