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People Vs Acol

1) Two men staged an armed robbery inside a jeep. A police team was formed to track down the culprits. The victims identified four men, one wearing the stolen jacket. 2) When the police introduced themselves, the four men fled but three, including Tirso Acol, were apprehended with unlicensed firearms. 3) The arrest was valid under an exception for arrests made when an offense was just committed and the police have reason to believe the person arrested did it. Since the arrest was valid, the search finding the firearms was also valid.

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Ven Buenaobra
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209 views1 page

People Vs Acol

1) Two men staged an armed robbery inside a jeep. A police team was formed to track down the culprits. The victims identified four men, one wearing the stolen jacket. 2) When the police introduced themselves, the four men fled but three, including Tirso Acol, were apprehended with unlicensed firearms. 3) The arrest was valid under an exception for arrests made when an offense was just committed and the police have reason to believe the person arrested did it. Since the arrest was valid, the search finding the firearms was also valid.

Uploaded by

Ven Buenaobra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Acol

GR 106288-89 May 17, 1994

FACTS: Two persons staged a hold-up inside a jeep.  A CAPCOM team was then formed to
track down the culprits. Victim Araneta who went with the responding police, upon seeing four
persons, one of whom was wearing his stolen jacket, told the police to accost said persons.
After the CAPCOM officers introduced themselves, the four men scampered to different
directions but three of them, namely, Tirso Acol, Pio Boses, and Albert Blanco, were
apprehended. Tirso Acol and Pio Boses were each found in possession of an unlicensed .38
caliber revolver with bullets. After the arrest, the three men were brought to Fort Bonifacio and
were identified by Percival Tan and the passengers who ganged up on the accused.

ISSUE: WON the warrantless arrest of accused-appellants was valid?

RULING: Yes. The arrest was valid. According to the court, the search falls within the purview
of Section 5(b) of Rule 113 which serves as an exception to the requisite warrant prior to arrest:
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 i

Inasmuch as the police team was formed and dispatched to find the persons responsible for the
crime on account of the information related by Percival Tan and Rene Araneta that they had just
been robbed. And since accused-appellant's arrest was lawful, it follows that the search made
incidental thereto was valid. Moreover, the unlicensed firearms were found when the police
team apprehended the accused for the robbery and not for illegal possession of firearms and
ammunition.

According to Jurisprudence: when, in pursuing an illegal action or in the commission of a


criminal offense, the offending police officers should happen to discover a criminal offense being
committed by any person, they are not precluded from performing their duties as police officers
for the apprehension of the guilty person and the taking of the corpus delicti.

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