People v.

Burgos
Module 2 Facts: By virtue of intelligent information obtained by the Constabulary and INP units stationed at Digos, Davao del Sur, one Cesar Masamlok personally and voluntarily surrendered to the authorities saying he as for!ibly re!ruited by the a!!used "uben Burgos as member of the NP#, threatening him to se of firearm against his life, if he refused$ %ith the help of the brother of the a!!used, the team as able to lo!ate a!!used, ho as then plo ing his field$ &rom the house of the a!!used ere re!overed the firearm Caliber $'( revolver and subversive do!uments$ )he authorities !laimed that the a!!used admitted to the o nership of the gun and do!uments$ )he defendant for his side avers that he as *ust tortured into admission of the o nership of the eviden!es found in his possession$ )hus, they !ould not be used against him in the !ase$ Issue: %hether or not the arrest of "uben Burgos and the sear!h of his house and the subse+uent !onfis!ation of a firearm and do!uments allegedly found therein !ondu!ted in a la ful and valid manner Held/Ratio: )he re!ords of the !ase dis!lose that hen the poli!e authorities ent o the house of the a!!used for the purpose of arresting him upon the information given by Cesar Masamlok that the a!!used allegedly re!ruited him to *oin the Ne People,s #rmy, they did not have any arrant of arrest or sear!h arrant ith them$ )he trial !ourt *ustified the arrest as falling under one of the instan!es hen arrests may be validly made ithout a arrant -"ule ..' Se! / 0%hen the person to be arrested has !ommitted, or is a!tually !ommitting, or is about to !ommit and offense in his presen!e12$ )hus the !on!lusion rea!hed by the trial !ourt is erroneous$ 3nder Se!tion /-a2 of "ule ..', the offi!er arresting a person ho had *ust !ommitted, is !ommitting, or is about to !ommit an offense must have personal kno ledge of the fa!t$ )here is no personal kno ledge in this !ase$ %hatever kno ledge as possessed by the arresting offi!ers, it !ame in its entirety from the information furnished by Cesar Masamlok$ #t the time of the appellant,s arrest, he as not in a!tual possession of any firearm or subversive do!ument$ Neither as he !ommitting any a!t hi!h !ould be des!ribed as subversive$ 4e as, in fa!t, plo ing his field at the time f arrest$ %e fail to see hy they failed to first go through the pro!ess of obtaining a arrant of arrest, if indeed they had reasonable ground to believe that there as a real apprehension that the a!!used as on the verge of flight or es!ape$ Mary #nn Duran7 Criminal 5a 2 5ike ise, there is no sho ing that the hereabouts of the a!!used ere unkno n$ )he sub*e!t firearm involved in this !ase and the alleged subversive do!uments are ordered disposed of in a!!ordan!e ith the la $ Notes: Atty. Padilla (discussion in class) &armer arrested ithout a arrant6 "easonable suspi!ion )he offi!er arresting a person ho had *ust !ommitted, is !ommitting, or is about to !ommit an offense must have personal knowledge of the fa!t$ he!e is no "e!sonal knowledge in this case.