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.
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