UMIL VS.

RAMOS
GR. NO 21567 09 July 1990;

FACTS:
The Regional Intelligence Operations Unit of the Capital Command (RIOU
CAPCOM) received confidential information about a member of the NPA
Sparrow Unit being treated for a gunshot wound at a hospital. Upon verification, it
was found that the wounded person who was listed in the hospital records as
Ronnie Javelon is actually petitioner Rolando Dural, a member of the NPA
liquidation squad responsible for the killing of two CAPCOM soldiers the day
before. He was positively identified eyewitnesses as the gunman who went on top
of the hood of the CAPCOM mobile patrol car and fired at the two CAPCOM
soldiers seated inside.

ISSUE:
Whether or not petitioner’s arrest was lawful.

HELD:
Yes. Petitioner Dural was arrested for being a member of the New People’s
Army, an outlawed subversive organization. Subversion being a continuing
offense, the arrest of Rolando Dural without warrant is justified as it can be said
that he was committing an offense when arrested. The crimes of rebellion,
subversion, conspiracy or proposal to commit such crimes, and crimes or offenses
committed in furtherance thereof or in connection therewith constitute direct
assault against the State and are in the nature of continuing crime. The Petitions
are DISMISSED.

Dela Torre, Julie Ann