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    People Vs Alvario Digest

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    Trick San Antonio
    The Supreme Court of the Philippines ruled on the validity of the warrantless arrest of Armando Alvario. Merlyn informed police that her sister Esterlina was being held captive and raped by a man at an address in Makati. Police immediately arrested Alvario at the site without a warrant based on the information from the victim. The Court found the warrantless arrest to be valid under the rules of criminal procedure as the police had personal knowledge of the crime from the victim at the time of arrest. However, the Court ultimately acquitted Alvario of rape charges due to conflicting stories and evidence that suggested a relationship between Alvario and the victim.

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    People Vs Alvario Digest

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    Trick San Antonio
    399 views1 page
    The Supreme Court of the Philippines ruled on the validity of the warrantless arrest of Armando Alvario. Merlyn informed police that her sister Esterlina was being held captive and raped by a man at an address in Makati. Police immediately arrested Alvario at the site without a warrant based on the information from the victim. The Court found the warrantless arrest to be valid under the rules of criminal procedure as the police had personal knowledge of the crime from the victim at the time of arrest. However, the Court ultimately acquitted Alvario of rape charges due to conflicting stories and evidence that suggested a relationship between Alvario and the victim.

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    The Supreme Court of the Philippines ruled on the validity of the warrantless arrest of Armando Alvario. Merlyn informed police that her sister Esterlina was being held captive and raped by a man at an address in Makati. Police immediately arrested Alvario at the site without a warrant based on the information from the victim. The Court found the warrantless arrest to be valid under the rules of criminal procedure as the police had personal knowledge of the crime from the victim at the time of arrest. However, the Court ultimately acquitted Alvario of rape charges due to conflicting stories and evidence that suggested a relationship between Alvario and the victim.

    Copyright:

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

    People Vs Alvario Digest

    Uploaded by

    Trick San Antonio
    The Supreme Court of the Philippines ruled on the validity of the warrantless arrest of Armando Alvario. Merlyn informed police that her sister Esterlina was being held captive and raped by a man at an address in Makati. Police immediately arrested Alvario at the site without a warrant based on the information from the victim. The Court found the warrantless arrest to be valid under the rules of criminal procedure as the police had personal knowledge of the crime from the victim at the time of arrest. However, the Court ultimately acquitted Alvario of rape charges due to conflicting stories and evidence that suggested a relationship between Alvario and the victim.

    Copyright:

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

    3. THE PEOPLE OF THE PHILIPPINES vs.

    ARMANDO ALVARIO
    G.R. Nos. 120437-41. July 16, 1997
    Second Division, Romero J:

    Doctrine:
    A warrantless arrest may be made by police officers based on their personal knowledge culled
    from the information supplied by the victim herself who pointed to the suspect as the man who
    raped her at the time of his arrest

    Facts:
    Merlyn informed the Makati Police that her sister Esterlina was being held captive at No. 6
    Hercules St., Bel-Air, Makati by a man who supposedly raped her. Alvario was arrested right then
    and there without a warrant of arrest by the police, and was later charged with five counts of rape
    allegedly committed five times.

    Makati Regional Trial Court, rendered judgment finding Alvario guilty of five counts of rape

    Issue: Whether or not the warrantless arrest by the police is valid

    Held:
    The Court notes that during the trial, Alvario consistently protested his warrantless arrest. Suffice
    it to say that his arrest falls within the purview of Rule 113, Section 5(b) of the 1985 Rules on
    Criminal Procedure, viz.: “Sec. 5. Arrest without warrant; when lawful.—A peace officer or a
    private person may, without a warrant, arrest a person: x x x (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; x x x.” (Italics supplied) The personal knowledge of the arresting
    officers in the case at bar was culled from the information supplied by the victim herself who
    pointed to Alvario as the man who raped her at the time of his arrest.

    Armando is acquitted due to significant circumstances which, when taken together with the
    conflicting narration of facts of the protagonists, would greatly erode the credibility of the victim.
    Also, although the Court finds this theory intrinsically weak, there may be instances where the
    same is applicable, such as if there is a strong possibility that the accused and the victim may,
    indeed, be intimately related, except that such relationship may have been strained due to
    extraneous circumstances, for instance, loss of trust and threat of criminal prosecution, as in the
    case at bar. Alvario’s claim of innocence is further buttressed by his submission of proofs of
    affection or “understanding” between him and Esterlina in the form of her undergarment
    embroidered with the words “ESTER LOVE ARMAN” and handkerchief bearing the name of
    “ESTER.”

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