Facts:

• Dennis Venturina, a member of the Sigma Rho fraternity, was killed during a rumble on December 8, 1994.
• Chancellor Roger Posadas of U.P. Diliman requested NBI assistance to identify those responsible for Venturina's death.
• On December 12, 1994, NBI agents attempted to arrest Francis Carlo Taparan and Raymundo Narag, members of the Scintilla Juris fraternity, based on eyewitness identifications.
• The suspects were at the U.P. Police Station for a peace talk at the time of the attempted arrest.
• Posadas and others intervened, arguing the NBI lacked arrest warrants, and assured the suspects would be presented to the NBI the next day.
• Criminal charges were later filed against the suspects, and Dizon lodged a complaint against Posadas and others for violating P.D. No. 1829.
• The Ombudsman ordered prosecution despite a recommendation for dismissal from the Special Prosecutor's Office.

Issue:

• (Unlock)

Ruling:

• The Supreme Court ruled negatively on both issues.
• The attempted arrest by the NBI was deemed illegal due to the absence of a warrant.
• There was no probab...(Unlock)

Ratio:

• Article III, Section 2 of the 1987 Philippine Constitution mandates that no arrest can occur without a warrant issued by a judge after establishing probable cause.
• The exceptions for warrantless arrests, as per Rule 113, Section 5 of the Rules of Criminal Procedure, did not apply in this case.
• The NBI's attempt to arrest the suspects occurred four days post-crime without personal knowledge of facts indicating guilt.
• The Court distinguished this case from People v. Tonog, Jr., where immediate circumstances justified the arrest.
• Eyewitness identification ...continue reading