Case Digest (G.R. No. 101837) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
On July 2, 1991, Eldon Maguan was driving his vehicle on Wilson Street, San Juan, Metro Manila, when Rolito Go y Tambunting entered the same one‐way street in the opposite direction. Their cars nearly collided at the corner of Wilson and Juan Abad Santos Streets, after which Go alighted from his car and shot Maguan inside his vehicle. Go then fled the scene. A security guard recorded Go’s car plate number, and the police later recovered a 9mm empty shell and live ammunition. The Land Transportation Office revealed that the car was registered to Elsa Ang Go. Witnesses identified Go from a police photo and credit card impression obtained at Cravings Bake Shop where Go had dined. On July 8, 1991, Go, accompanied by two lawyers, voluntarily presented himself at the San Juan Police Station and was detained without warrant. An eyewitness positively identified him as the shooter. That same day, a frustrated homicide complaint was filed against him with the Rizal Provincial Prosecutor, Case Digest (G.R. No. 101837) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Shooting Incident
- On 2 July 1991, Eldon Maguan was driving along one-way Wilson St., San Juan, when Rolito Go y Tambunting entered the street in the opposite direction.
- At the corner of Wilson and J. Abad Santos Sts., their cars nearly collided. Go alighted from his vehicle, approached Maguan’s car, and shot him. He then fled; a bystander recorded his license plate number.
- Police Investigation and Identification
- Police recovered an empty shell and live round (9 mm); the plate was traced to petitioner’s wife.
- Next day, investigators learned Go had dined at a nearby bake shop; they secured a credit-card impression and elicited a positive identification from a security guard.
- Detention, Charge Change, and Pretrial Motions
- On 8 July 1991, petitioner, accompanied by two lawyers, presented himself at San Juan Police Station and was detained; an eyewitness identified him as the shooter. A frustrated homicide complaint was filed that day.
- Victim Maguan died on 9 July. On 11 July, without preliminary investigation, the Prosecutor filed an information for murder (no bail recommended). Petitioner filed an omnibus motion for release and preliminary investigation; Provincial Prosecutor recommended P100,000 bail. On 12 July, the trial court approved bail and ordered release, but on 17 July recalled that order and cancelled leave to investigate.
- Petitioner filed certiorari, prohibition and mandamus, and habeas corpus petitions in the Supreme Court and Court of Appeals. He was arraigned on 23 August 1991 (plea of not guilty entered by court), and trial of the criminal case commenced in September.
Issues:
- Lawful Arrest
- Whether petitioner’s detention at the police station constituted a lawful warrantless arrest under Rule 113, Section 5.
- Whether the exception in Rule 112, Section 7 (allowing information without preliminary investigation after lawful warrantless arrest with waiver) applies.
- Waiver of Preliminary Investigation
- Whether petitioner effectively waived his statutory right to preliminary investigation by refusing to sign a waiver of Article 125 and by posting bail.
- Whether participation in arraignment and trial proceedings constitutes waiver of the right to preliminary investigation.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)