G.R. No. 182601 - Pestilos vs. Generoso

On February 20, 2005 at ca. 3:15 AM, petitioners Joey M. Pestilos, Dwight Macapanas, Miguel Gaces, Jerry Fernandez, and Ronald Muñoz had an altercation with Atty. Moreno Generoso on Kasiyahan Street, Barangay Holy Spirit, Quezon City.
Atty. Generoso called the Batasan Hills Police Station; SPO1 Monsalve dispatched SPO2 Javier with augmentation personnel (A2C Sayson, Airman Galvez).
The officers arrived in under an hour, found Generoso badly beaten, and Generoso pointed to the petitioners as his assailants.
The officers “invited” the petitioners to accompany them to the station; all petitioners went with the police.

At inquest, the City Prosecutor found probable cause that petitioners stabbed Generoso; an Information dated February 22, 2005 charged them with attempted murder with evident premeditation, treachery, and taking advantage of superior strength.
On March 7, 2005, petitioners filed an Urgent Motion for Regular Preliminary Investigation, contending there was no lawful warrantless arrest (they were merely “invited”) and inquest was improper under Rule 112.
The Regional Trial Court (Branch 96, Quezon City) denied the motion (March 16, 2005) and denied reconsideration.
Petitioners filed a Rule 65 certiorari petition with the Court of Appeals, which dismissed it for lack of merit (January 21, 2008) and denied reconsideration (April 17, 2008).
Petitioners sought review on certiorari under Rule 45 before the Supreme Court.

Whether the petitioners were validly arrested without a warrant under Rule 113, Section 5.
Whether the police “invitation” to accompany them to the station constitutes a lawful arrest.
Whether the RTC Order denying preliminary investigation is void for failing to state clearly the facts and law on which it is based.