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    People v. Gerente, 219 SCRA 756

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    Jemson Ivan Walcien
    The Supreme Court ruled that the arrest of Gabriel Gerente without a warrant was lawful. According to eyewitness testimony and evidence found at the scene, Gerente and two others bludgeoned Clarito Blace to death with a piece of wood and concrete block. The police arrested Gerente just three hours later based on their personal knowledge of the crime and identification of Gerente as a killer by the eyewitness. Requiring a warrant would have allowed Gerente to flee like his accomplices and leave society unprotected from violent criminals.

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    People v. Gerente, 219 SCRA 756

    Uploaded by

    Jemson Ivan Walcien
    1K views1 page
    The Supreme Court ruled that the arrest of Gabriel Gerente without a warrant was lawful. According to eyewitness testimony and evidence found at the scene, Gerente and two others bludgeoned Clarito Blace to death with a piece of wood and concrete block. The police arrested Gerente just three hours later based on their personal knowledge of the crime and identification of Gerente as a killer by the eyewitness. Requiring a warrant would have allowed Gerente to flee like his accomplices and leave society unprotected from violent criminals.

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    CrimPro Case Digest

    Original Title

    14. People v. Gerente, 219 SCRA 756

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    The Supreme Court ruled that the arrest of Gabriel Gerente without a warrant was lawful. According to eyewitness testimony and evidence found at the scene, Gerente and two others bludgeoned Clarito Blace to death with a piece of wood and concrete block. The police arrested Gerente just three hours later based on their personal knowledge of the crime and identification of Gerente as a killer by the eyewitness. Requiring a warrant would have allowed Gerente to flee like his accomplices and leave society unprotected from violent criminals.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    1K views1 page

    People v. Gerente, 219 SCRA 756

    Uploaded by

    Jemson Ivan Walcien
    The Supreme Court ruled that the arrest of Gabriel Gerente without a warrant was lawful. According to eyewitness testimony and evidence found at the scene, Gerente and two others bludgeoned Clarito Blace to death with a piece of wood and concrete block. The police arrested Gerente just three hours later based on their personal knowledge of the crime and identification of Gerente as a killer by the eyewitness. Requiring a warrant would have allowed Gerente to flee like his accomplices and leave society unprotected from violent criminals.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    People v.

    Gerente, 219 SCRA 756

    FACTS:
    At about 4:00 p.m. of April 30, 1990, Patrolman Urrutia of the Valenzuela Police Station received
    a report from the Palo Police Detachment about a mauling incident. He went to the Valenzuela
    District Hospital where the victim, Clarito Blace was brought. He was informed by the hospital
    officials that the victim died on arrival. The cause of death was massive fracture of the skull caused
    by a hard and heavy object. Right away, Patrolman Urrutia, together with Police Corporal Lima
    and Patrolman Umali, proceeded to Paseo de Blas where the mauling incident took place. There
    they found a piece of wood with blood stains, a hollow block and two roaches of marijuana. They
    were informed by Edna Edwina Reyes that she saw the killing and she pointed to Gabriel Gerente
    as one of the three men who killed Clarito.

    The policemen proceeded to the house of the appellant who was then sleeping. They told him to
    come out of the house and they introduced themselves as policemen. Patrolman Urrutia frisked
    appellant and found a coin purse in his pocket which contained dried leaves wrapped in cigarette
    foil. The dried leaves were sent to the National Bureau of Investigation for examination. The
    Forensic Chemist found them to be marijuana.

    ISSUE:
    Is the arrest of Gerente without a warrant lawful?

    RULING:
    Yes. Paragraphs (a) and (b), Section 5, Rule 113 of the Revised Rules of Court provide:
    SECTION 5. Arrest without warrant; when lawful. A peace officer or a private person may,
    without a warrant, arrest a person: (a) When, in his presence, the person to be arrested has
    committed, is actually committing, or is attempting to commit an offense; and (b) When an offense
    has in fact just been committed, and he has personal knowledge of facts indicating that the person
    to be arrested has committed it.

    The policemen arrested Gerente only some three (3) hours after Gerente and his companions
    had killed Blace. They saw Blace dead in the hospital and when they inspected the scene of the
    crime, they found the instruments of death: a piece of wood and a concrete hollow block which
    the killers had used to bludgeon him to death. The eye-witness, Edna Edwina Reyes, reported
    the happening to the policemen and pinpointed her neighbor, Gerente, as one of the killers. Under
    those circumstances, since the policemen had personal knowledge of the violent death of Blace
    and of facts indicating that Gerente and two others had killed him, they could lawfully arrest
    Gerente without a warrant. If they had postponed his arrest until they could obtain a warrant, he
    would have fled the law as his two companions did.

    To hold that no criminal can, in any case, be arrested and searched for the evidence and tokens
    of his crime without a warrant, would be to leave society, to a large extent, at the mercy of the
    shrewdest, the most expert, and the most depraved of criminals, facilitating their escape in many
    instances.

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