PEOPLE VS.

DEL ROSARIO

Facts: The herein accused, Joselito del Rosario was found guilty as co-principal in the crime of robbery with homicide and sentencing him to death. According to the accused on May 13, 1996 he was hired by on Boy Santos to drive the latter to a cockpit. Despite the earlier agreement, Boy Santos directed Del Rosario to fetch Jun Marquez and Dodong Bisaya. Then, the accused was asked to stop by at the corner of Burgos and Gen. Luna Sts. where Bisaya alighted and accosted and grappled with the victim for the possession of the latters bag. Accused Del Rosario tried to leave but he was prevented to seek help by Boy Santos at the point point of a gun. The accused did not report the incident to the authorities for the fear that the suspects will make true their threats to kill the accuseds family. He was arrested after the occurrence of the incident.

Issue: Whether or not Del Rosario was unlawfully arrested by the authorities as the same was not included within the purview of Section 5, Rule 113 of the Rules of Court (Arrest without warrant, when lawful).

Ruling: The Court believes that Del Rosario was unlawfully arrested. The essence of section 5, Rule 113, requires that the accused be caught in flagrante delicto or caught immediately after the consummation of the act. The arrest of Del Rosario is obviously outside the purview of the aforequoted rule since he was arrested on the day following the commission of robbery with homicide. Section 5, par. (b), Rule 113, necessitates two stringent requisites before a warrantless arrest can be effected: (1) an offense has just been committed, (2) the person making the arrest has personal knowledge of the facts indicating that the person to be arrested had committed it. Hence, there must be a large immediacy between the time of the arrest and the commission of the crime, a warrant of arrest must be secured . It is also mandatory that the person making the arrest must have personal knowledge of the facts indicating that the person to be taken in custody has committed the crime. The arrest of Del Rosario does not comply with these requirements since, as earlier explained, the arrest came a day after the consummation of the crime and not immediately thereafter. Accused is ACQUITTED.