Myla Ruth N.

Sara

ROLITO GO y TAMBUNTING vs. COURT OF APPEALS

ISSUE/S:
The issues assailed in the case at bar are the following:
1. whether or not the warrantless arrest of herein petitioner was lawful, and
2. whether or not petitioner waived his right to preliminary investigation.

FACTS
An information was filed charging herein petitioner Rolito Go for murder before the Regional Trial Court of Metro Manila. Petitioner
voluntarily presented himself together with his two lawyers to the police upon obtaining knowledge of being hunted by the latter.
However, he was immediately detained and denied his right of a preliminary investigation unless he executes and sings a
waiver of the provisions of Article 125 of the Revised Penal Code. Upon omnibus motion for immediate release on recognizance or
on bail and proper preliminary investigation on the ground that his warrantless arrest was unlawful and no preliminary investigation
was conducted before the information was filed, which is violative of his rights, the same was granted but later on reversed by the
lower court and affirmed by the Court of Appeals.

HELD:
the warrantless arrest of herein petitioner Rolito Go does not fall within the terms of said rule. The police were not present at the
time of the commission of the offense, neither do they have personal knowledge on the crime to be committed or has been
committed not to mention the fact that petitioner was not a prisoner who has escaped from the penal institution. In view of the
above, the allegation of the prosecution that petitioner needs to sign a waiver of the provisions of Article 125 of the Revised Penal
Code before a preliminary investigation may be conducted is baseless. In this connection, petitioner has all the right to ask for a
preliminary investigation to determine whether is probable cause that a crime has been committed and that petitioner is
probably guilty thereof as well as to prevent him from the hassles, anxiety and aggravation brought by a criminal proceeding.