Umil vs.

RamosFACTS:
This consolidated case of 8 petitions for habeas corpus assails the validity of
the arrests andsearches made by the military on the petitioners. The arrests relied on the confidential
information thatthe authorities received. Except for one case where inciting to sedition was charged, the rest are
chargedw i t h
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HELD/RATIO:
The arrests were legal. Regarding the subversion cases, the arrests were legal since subversion
isa f o r m o f a c o n t i n u i n g c r i m e
together with rebellion, conspiracy or proposal to co
m m i t rebellion/subversion, and crimes committed in furtherance thereof or in connection
therewith. On theinciting to sedition case, the arrest was legal since an information was filed
prior to his arrest. Lastly,
thea r r e s t s w e r e n o t f i s h i n g e x p e d i t i o n s b u t a r e s u l t o f a n i n depth surveillance of NPA safe housesp
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The right to
preliminary investigation should b e exercised by the offender as soon as
possible.Otherwise, it would be considered as impliedly waived and the filing of information can proceed. This
sortof irregularity is not sufficient to set aside a valid judgment upon a sufficient complaint and
after a trialfreefromerror.
DISSENT:
(Sarmiento, J.) The conf idential inf ormation was nothing but hearsay. The
searches andarrests made were bereft of probable cause and that the petitioners were not
caught in flagrante delictoor in any overt act. Utmost, the authorities was lucky in their fishing
expeditions.