2F & 2G CRIMINAL PROCEDURE Arrest without warrant; when lawful

DIGEST BY: Ragaza, Maria Isabella Katrina M.

G.R. NO. 182601
30. PESTILOS V GENEROSO DATE: November 10, 2014
PONENTE: Brion, J.
DOCTRINE When an offense has just been committed, and he has probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has committed
it (Section 5[b], Rule 113 of the Revised Rules of Criminal Procedure.

FACTS
In 2005, Attorney Moreno Generoso had an altercation with petitioners Pestilos, Macapanas, Gaces and
Fernadez. Generoso called the Central Police district wherein SP02 Dominador Javier, together with
augmentation personnel from the Airforce, A2C Alano Sayson and Airman Ruel Galvez responded to render
assistance. Upon arriving they discovered that the petitioners have assaulted and stabbed Attorney Moreno
Generoso.

They invited the petitioners to the Batasan Hills police station for investigation. Genoroso survived the attacks.
A case for attempted murder was filed against the petitioners. The petitioners filed an Urgent Motion for
Regular Preliminary Investigation on the ground that they had not been lawfully arrested. They alleged that no
valid warrantless arrest took place since the police officers had no personal knowledge that they were the
perpetrators of the crime. More so, They also claimed that they were just "invited" to the police station.

ISSUE/S

Whether the petitioners were validly arrested without a warrant. YES.

RULING
The petitioners in this case were validly arrested without warrant of arrest.

Pursuant to Section5(B), Rule 113 of the Revised Rules of Criminal Procedure provides that when an offense
has been committed, and he has probable cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested has committed it.

The elements of a valid warrantless arrest are as follows, first, an offense has just been committed; and second,
the arresting officer has probable cause to believe based on personal knowledge of facts or circumstances that
the person to be arrested has committed it.
All the elements provided are present in this case as the arresting officers went to the scene of the crime upon
complaint of Atty. Generoso of his alleged mauling; the police officers responded to the scene of the crime less
than an hour after the alleged mauling; that the alleged crime transpired in a community where the respondent
and the petitioners reside; that Atty. Generoso positively identified the petitioner and that they lived in the same
neighborhood; and that when the petitioners were confronted by the arresting officers, they did not deny their
participation in the incident.
[A.Y. 2021-2022]