Title
Posadas vs. Ombudsman
Case
G.R. No. 131492
Decision Date
Sep 29, 2000
U.P. fraternity clash led to warrantless arrest attempt; petitioners prevented it, citing illegality. Supreme Court ruled arrest invalid, upheld constitutional rights, dismissed obstruction charges.

Case Digest (G.R. No. 131492)
Expanded Legal Reasoning Model

Facts:

  • Death of Dennis Venturina and request for assistance
    • December 8, 1994: Dennis Venturina, a Sigma Rho member at UP, was killed in a fraternity rumble.
    • December 11, 1994: Chancellor Roger Posadas requested NBI assistance to identify the perpetrators.
  • Attempted warrantless arrest and intervention
    • December 12, 1994: NBI Chief Orlando V. Dizon, relying on two eyewitness identifications, attempted to arrest suspects Francis Carlo Taparan and Raymundo Narag at the UP Police Station without warrants.
    • Petitioners Posadas, Torres-Yu, Lambino, Col. Bentain, and counsel Atty. Villamor objected to the lack of warrants and promised to accompany the suspects to the NBI the next day, preventing their arrest that day.
  • Subsequent criminal and administrative proceedings
    • May 18, 1995: The Special Prosecutor filed an information against petitioners for violating P.D. 1829, Section 1(c), alleging they willfully obstructed the arrest and prosecution, resulting in the escape of the suspects.
    • Special Prosecutor’s Office recommended dismissal; Ombudsman disapproved and ordered prosecution in Sandiganbayan.
    • Petitioners filed a petition for certiorari and prohibition to set aside the Ombudsman’s directive.

Issues:

  • Legality of arrest without warrant
    • Whether the NBI’s attempted warrantless arrest of the student suspects on December 12, 1994, was valid under the Constitution and Rule 113, Section 5 of the Rules of Criminal Procedure.
  • Probable cause for prosecuting petitioners
    • Whether there was probable cause to charge petitioners with obstruction of justice under P.D. No. 1829, Section 1(c).

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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