Crim Pro Digest: ROLITO GO V. CA

Topic: Arrest

ROLITO GO V. CA

Facts:

A witness identified Rolito Go as the person who had shot Eldon Maguan after a near vehicular collision at the corner of Wilson and J. Abad Santos Sts., San Juan, Metro Manila.

Six days after the police launched a manhunt for Go, petitioner, accompanied by two (2) lawyers, presented himself before the San Juan Police Station to verify news reports that he was being hunted by the police. The police detained him then and filed a complaint against him for frustrated homicide, which was later modified to murder, since the victim Maguan died of his gunshot wound.

Issue:

Whether or not a lawful warrantless arrest had been effected by the San Juan Police in respect of petitioner.

Ruling:

NO. There was no lawful warrantless arrest of petitioner within the meaning of Section 5 of Rule 113; in fact, 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. 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.