Case Digest: Go vs. CA, G.R. No. 101837, February 11, 1992

   Unreasonable Search and Seizures | Constitutional Law


Facts:

On July 2, 1991, the petitioner Rolito Go entered a one-way street in the opposite direction and nearly bumped into Eldon Maguan's car. The petitioner then got out of his car, shot Maguan inside his car, and fled the scene. A security guard recorded the petitioner's car plate number, and the police found an empty shell and a live round of ammunition at the scene. The police launched a manhunt for petitioner.

On July 8, petitioner presented himself before the San Juan Police Station accompanied by two lawyers. He was detained after an eyewitness positively identified him as the gunman who shot Eldon Maguan. The police filed a complaint for frustrated homicide against him that same day. The prosecutor informed petitioner that he had the right to a preliminary investigation but must first sign a waiver of the provisions of Article 125 of the Revised Penal Code, which he refused to do so.

On 9 July, Eldon Maguan died of his gunshot wound(s), thus, an information for murder was filed. Petitioner's counsel filed an omnibus motion for immediate release and proper preliminary investigation, alleging that the warrantless arrest was unlawful and that no preliminary investigation had been conducted. 


Issue:

WoN a lawful warrantless arrest had been effected by the San Juan Police in respect of petitioner Go.


Held:

Petitioner's "arrest" took place six (6) days after the shooting of Maguan. The "arresting" officers obviously were not present, within the meaning of Section 5(a), at the time petitioner had allegedly shot Maguan. Neither could the "arrest" effected six (6) days after the shooting be reasonably regarded as effected "when [the shooting had] in fact just been committed" within the meaning of Section 5(b). Moreover, none of the "arresting" officers had any "personal knowledge" of facts indicating that petitioner was the gunman who had shot Maguan. The information upon which the police acted had been derived from statements made by alleged eyewitnesses to the shooting — one stated that petitioner was the gunman; another was able to take down the alleged gunman's car's plate number which turned out to be registered in petitioner's wife's name. That information did not, however, constitute "personal knowledge." 

It is thus clear to the Court that there was no lawful warrantless arrest of petitioner within the meaning of Section 5 of Rule 113. 

Petitioner was not arrested at all. When he walked into San Juan Police Station, accompanied by two lawyers, he in fact placed himself at the disposal of the police authorities. He did not state that he was "surrendering" himself, in all probability to avoid the implication he was admitting that he had slain Eldon Maguan or that he was otherwise guilty of a crime. When the police filed a complaint for frustrated homicide with the Prosecutor, the latter should have immediately scheduled a preliminary investigation to determine whether there was probable cause for charging petitioner in court for the killing of Eldon Maguan.

Instead, as noted earlier, the Prosecutor proceed under the erroneous supposition that Section 7 of Rule 112 was applicable and required petitioner to waive the provisions of Article 125 of the Revised Penal Code as a condition for carrying out a preliminary investigation. This was substantive error, for petitioner was entitled to a preliminary investigation and that right should have been accorded him without any conditions. Moreover, since petitioner had not been arrested, with or without a warrant, he was also entitled to be released forthwith subject only to his appearing at the preliminary investigation.



Recit Version:

Facts:

In 1991, Rolito Go drove the wrong way down a one-way street and almost hit Eldon Maguan's car. Go then shot Maguan while he was inside his car and fled the scene. The police found an empty shell and a live round of ammunition at the crime scene. Go was identified by an eyewitness and was detained, but he refused to sign a waiver of the provisions of Article 125 of the Revised Penal Code, which was necessary for a preliminary investigation. The next day, Maguan died, and Go was charged with murder. Go's lawyer filed a motion for his immediate release and proper preliminary investigation, claiming that his warrantless arrest was illegal and that no preliminary investigation had been conducted.

Issue:

WoN a lawful warrantless arrest had been effected by the San Juan Police in respect of petitioner Go.

Held:

There was no lawful warrantless arrest of the petitioner. When he presented himself at the San Juan Police Station with his lawyers, he did not surrender himself, but rather placed himself at the disposal of the police authorities. 

The prosecutor should have conducted a preliminary investigation to determine probable cause for charging the petitioner with the killing of Eldon Maguan. Instead, the prosecutor erroneously required the petitioner to waive the provisions of Article 125 of the Revised Penal Code as a condition for carrying out a preliminary investigation, which was a substantive error. 

As the petitioner was not arrested, he was entitled to be released immediately, subject only to his appearance at the preliminary investigation.



Popular posts from this blog

Election Laws: Requirements Before Election

REQUIREMENTS BEFORE ELECTION A. Registration Registration of Voters The right of a citizen to vote is necessarily conditioned upon certain procedural requirements he must undergo, among others, the process of registration. Registration regulates the exercise of the right of suffrage .  It is not a qualification for such right.  R.A. No. 8189, the Voter's Registration Act of 1996 (approved June 11, 1996) : Sec. 2. Declaration of Policy. It is the policy of the State to systematize the present method of registration in order to establish a clean, complete, permanent and updated list of voters. Sec. 3. Definition of Terms. – As used in this Act: Registration refers to the act of accomplishing and filing of a sworn application for registration by a qualified voter before the election officer of the city or municipality wherein he resides and including the same in the book of registered voters upon approval by the Election Registration Board; Registration Record refers to an ...
Read more

Case Digest: Manila Prince Hotel v. GSIS, GR. No. 122156, February 3, 1997

Political Law Review | Self-executing Provisions, Doctrine of Constitutional Supremacy The GSIS decided to privatize the Manila Hotel by selling 51% of its shares to a qualified bidder through public bidding. In the bidding, the Manila Prince Hotel Corporation (MPHC) offered ₱41.58 per share, which was ₱0.58 higher than the ₱41.00 per share offered by a Malaysian firm, Renong Berhad. Despite MPHC being a Filipino-owned corporation and having a higher bid, the GSIS awarded the sale to the Malaysian firm, citing that MPHC failed to match the terms of payment required. MPHC filed a petition, invoking Section 10, second paragraph, Article XII of the 1987 Constitution, which states: “ In the grant of rights, privileges, and concessions covering the national economy and patrimony, the State shall give preference to qualified Filipinos .” MPHC argued that the provision is self-executing and GSIS was bound to apply it without need for an enabling law. Whether Section 10, Article XII of the 19...
Read more

Equality and Human Rights: The United Nations and Human Rights System (September 16, 2023)

Sovereign Equality of States/Principle of sovereign equality UN Charter of 1945 All states are equal before international law no matter the size of their territory, population, economy or military. All states have equal rights and duties under international law, and that no state has the right to interfere in the internal affairs of another state. Positive Consequences: All states have a voice in international affairs .   All states have the opportunity to participate in international organizations and to negotiate and conclude treaties. This helps to ensure that the interests of all states are represented in the development of international law and policy. No state has the right to interfere in the internal affairs of another state.  This helps to protect the sovereignty of all states and to prevent the use of force or coercion to achieve political objectives. States have the right to develop their own political, economic, and social systems without interference from othe...
Read more