Criminal Case No. 19-05204 (Gilbert Salao y Rivera v.

Alvin Vitangcol y
Arcega John Doe) []
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I. CASE INFORMATION

Date filed with this Office: November 5,2019

Investigating Prosecutor: SAPP Renato T. Santiago

Action/s Taken: Respondent was charged with

Murder

Date filed with the Court:

I. FACTUAL ANTECEDENTS

Two witnesses claimed that on the 4th day of November, at 6;05 am,
they saw a black Mio motorcycle parked at the side of the road. While the
driver was sitting on the motorcycle and wearing black jacket and black
helmet, the companion was in the process of changing clothes while
suspiciously looking around. After wearing his clothes, they saw a black gun
tucked on his waist before boarding the motorcycle and leaving the place.
heading towards Brgy. Calawitan, San Ildefonso, Bulacan.

During their journey, they saw a commotion in Brgy. Lapnit and they
learned that the barangay chairman was shot dead and the perpetrator headed
towards Brgy. Calawitan. They identified the person seen changing clothes
as respondent Alvin Y Arcega single and resident of Brgy. Malipampang.
They added that they were neighbors, the same reason they managed to
identify him.

Respondent denied the allegations against him contending that despite

that he and witnesses are neighbors, they gave a wrong middle name of
Arcega instead of Ararao. He further impugned the same allegation as he
was identified as single where in fact he is a married man. And when the
killing happened he was in Bataan, and it was also contrary to human
experience that a gunman would change his shirt just alongside the road
which is just approximately 500 meters away for the crime scene. He
pointed out the impossibility of staying at the place just 500 meters away for
15 minutes after the shooting incident.

II. RESOLUTION OF THE INVESTIGATING PROSECUTOR

The dismissal is proper based on the facts presented the witnesses

does not have personal knowledge of the said incident. Personal knowledge
is a firsthand observation meaning the facts or circumstances that the person
to be arrested has committed it based on Rule 113 section 5 of the Rules of
Court.

In the case present, the witnesses only saw the alleged accused who
was changing clothes while suspiciously looking around with a black gun
tucked on his waist and thereafter board his motorcycle leaving the place. It
is clear that the witnesses does not established proof that the alleged accused
was the one who killed Brgy. Chairman Rosteo Salao Y Mercado. It was
only during the arrival of the witnesses at Brgy Lapnit when they discovered
that Brgy. Chairman Rosteo Salao Y Mercado was gunned down.

IV. Discussion

In warrantless arrest, personal knowledge of facts must be based on

probable cause, which means an actual belief or reasonable grounds of
suspicion. The grounds are reasonable when the suspicion that the person to
be arrested is probably guilty of committing the offense is bases

V. Recommendation