Anda di halaman 1dari 2

G.R. No.

101837 February 11, 1992


ROLITO GO y TAMBUNTING, petitioner,
vs.
THE COURT OF APPEALS, THE HON. BENJAMIN V. PELAYO, Presiding Judge, Branch
168, Regional Trial Court, NCJR Pasig, M.M., and PEOPLE OF THE
PHILIPPINES, respondents.
Nature of Action: Petition for Review on Certiorari

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 petitioner’s
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.

Ruling:

ACCORDINGLY, the Court resolved to GRANT the Petition for Review on Certiorari. The
Order of the trial court dated 17 July 1991 is hereby SET ASIDE and NULLIFIED, and the
Decision of the Court of Appeals dated 23 September 1991 hereby REVERSED.

The Office of the Provincial Prosecutor is hereby ORDERED to conduct forthwith a


preliminary investigation of the charge of murder against petitioner Go, and to complete such
preliminary investigation within a period of fifteen (15) days from commencement thereof. The
trial on the merits of the criminal case in the Regional Trial Court shall be SUSPENDED to
await the conclusion of the preliminary investigation.
Meantime, petitioner is hereby ORDERED released forthwith upon posting of a cash bail bond
of One Hundred Thousand Pesos (P100,000.00). This release shall be without prejudice to
any lawful order that the trial court may issue, should the Office of the Provincial Prosecutor
move for cancellation of bail at the conclusion of the preliminary investigation.

Ratio Decidendi:

1. The Supreme Court held that the 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.

2. On the second issue, 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.