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  • 3 2 Umil-Vs-Ramos

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    Ateneo Economics Association
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    This case summary involves Rolando Dural who was admitted to the hospital with a gunshot wound. Military agents received information that Dural was a member of the NPA who had murdered two patrolmen the previous day. Dural was then transferred for security reasons to a military hospital where eyewitnesses positively identified him as the murderer. The majority held that Dural's arrest without a warrant was justified because subversion is a continuing offense, so he could be considered committing an offense at the time of arrest. However, the dissenting justice argued that the "confidential information" was just hearsay and the authorities lacked probable cause, since Dural was not caught in the act of any crime.

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    This case summary involves Rolando Dural who was admitted to the hospital with a gunshot wound. Military agents received information that Dural was a member of the NPA who had murdered two patrolmen the previous day. Dural was then transferred for security reasons to a military hospital where eyewitnesses positively identified him as the murderer. The majority held that Dural's arrest without a warrant was justified because subversion is a continuing offense, so he could be considered committing an offense at the time of arrest. However, the dissenting justice argued that the "confidential information" was just hearsay and the authorities lacked probable cause, since Dural was not caught in the act of any crime.

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    7 просмотров1 страница

    3 2 Umil-Vs-Ramos

    Загружено:

    Ateneo Economics Association
    This case summary involves Rolando Dural who was admitted to the hospital with a gunshot wound. Military agents received information that Dural was a member of the NPA who had murdered two patrolmen the previous day. Dural was then transferred for security reasons to a military hospital where eyewitnesses positively identified him as the murderer. The majority held that Dural's arrest without a warrant was justified because subversion is a continuing offense, so he could be considered committing an offense at the time of arrest. However, the dissenting justice argued that the "confidential information" was just hearsay and the authorities lacked probable cause, since Dural was not caught in the act of any crime.

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    из 1

    Umil vs.

    Ramos
    G.R. No. 81567

    Facts:
    On 1 February 1988, military agents were dispatched to the St. Agnes Hospital, Roosevelt Avenue,
    Quezon City, to verify a confidential information which was received by their office, about a
    "sparrow man" (NPA member) who had been admitted to the said hospital with a gunshot wound.
    That the wounded man in the said hospital was among the five (5) male "sparrows" who murdered
    two (2) Capcom mobile patrols the day before, or on 31 January 1988 at about 12:00 o'clock noon,
    before a road hump along Macanining St., Bagong Barrio, Caloocan City. The wounded man's
    name was listed by the hospital management as "Ronnie Javellon," twenty-two (22) years old of
    Block 10, Lot 4, South City Homes, Bian, Laguna however it was disclosed later that the true
    name of the wounded man was Rolando Dural. In view of this verification, Rolando Dural was
    transferred to the Regional Medical Services of the CAPCOM, for security reasons. While
    confined thereat, he was positively identified by the eyewitnesses as the one who murdered the 2
    CAPCOM mobile patrols.

    Issue: Whether or Not Rolando was lawfully arrested.

    Held: Rolando Dural was arrested for being a member of the NPA, an outlawed subversive
    organization. Subversion being a continuing offense, the arrest without warrant is justified as it
    can be said that he was committing as offense when arrested. The crimes rebellion, subversion,
    conspiracy or proposal to commit such crimes, and crimes or offenses committed in furtherance
    therefore in connection therewith constitute direct assaults against the state and are in the nature
    of continuing crimes.

    Dissent: (Sarmiento, J.) The confidential information was nothing but hearsay. The searches and
    arrests made were bereft of probable cause and that the petitioners were not caught inflagrante
    delicto or in any overt act. Utmost, the authorities was lucky in their fishing expeditions.

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