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[AnonyKnows]

Digest People vs. Burgos
Facts:One Cesar Masamlok surrendered to the authorities at the Davao del Sur Constabulary HQ.He testified that Ruben Burgos forcibly recruited him as member of NPA. Burgos threatened him with the use of a firearm.Masamlok attended the seminar where Burgos spoke about his membership with the NPA and the organization¶s desire tooverthrow the government.Pursuant to this information, PC-INP members went to house of accused. Accused was plowing the field when they arrived.Pat. Bioco called accused and asked him about the firearm. Accused denied possession of said firearm but later, his wifepointed to a place below their house where a gun was buried in the ground. After the recovery of said firearm, accused pointed to a stock pile of cogon where the officers recovered:14 marron notebook15 pamphlets: Ang Byan, Pahayagan ng Paritdo Komunista ng Pilipinas ets Accused admitted that firearm was issued to him by Nestor Jimines, team leader of sparro unit.
RTC: convicted
Issue: WON warrantless arrest was validHeld: NORatio:Not under the conditions provided in rules1. The officer arresting a person who has just committed, is committing, or is about to commit an offense must havepersonal knowledge of that fact.2. The test of reasonable ground applies only to the identity of the perpetrator 3. Under Section 6(b), it is not enough that there is reasonable ground to believe that a person to be arrested hascommitted a crime; a crime must in fact or actually have been committed first.Issue: WON search was validHeld: NORatio:If an arrest without a warrant is unlawful at the moment it is made, generally nothing that happened or is discoveredafterwards can make it lawful.16 There was to waiver to search in case at bar.To constitute waiver, 3 requisites must concur:1. that the right exists2. that the person involved had knowledge, actual or constructive, of the existence of such right3. that said person had an actual intention to relinquish the rightOthers:17 denied of right to counsel during custodial interrogation18 counsel was only called when accused subscribed under oath his statementMasamlok¶s testimony was uncorroborated. He was an interested witness. Wanted trade-off: membership with Civil HomeDefense Force.Disposition. JUDGMENT REVERSED AND SET ASIDE. ACQUITTED

 

[dionerray]

Digest People vs. Burgos
Facts:One Cesar Masamlok surrendered to the authorities at the Davao del Sur Constabulary HQ.He testified that Ruben Burgos forcibly recruited him as member of NPA. Burgos threatened him with the use of a firearm.Masamlok attended the seminar where Burgos spoke about his membership with the NPA and the organization¶s desire tooverthrow the government.Pursuant to this information, PC-INP members went to house of accused. Accused was plowing the field when they arrived.Pat. Bioco called accused and asked him about the firearm. Accused denied possession of said firearm but later, his wifepointed to a place below their house where a gun was buried in the ground. After the recovery of said firearm, accused pointed to a stock pile of cogon where the officers recovered:14 marron notebook15 pamphlets: Ang Byan, Pahayagan ng Paritdo Komunista ng Pilipinas ets Accused admitted that firearm was issued to him by Nestor Jimines, team leader of sparro unit.
RTC: convicted
Issue: WON warrantless arrest was validHeld: NORatio:Not under the conditions provided in rules1. The officer arresting a person who has just committed, is committing, or is about to commit an offense must havepersonal knowledge of that fact.2. The test of reasonable ground applies only to the identity of the perpetrator 3. Under Section 6(b), it is not enough that there is reasonable ground to believe that a person to be arrested hascommitted a crime; a crime must in fact or actually have been committed first.Issue: WON search was validHeld: NORatio:If an arrest without a warrant is unlawful at the moment it is made, generally nothing that happened or is discoveredafterwards can make it lawful.16 There was to waiver to search in case at bar.To constitute waiver, 3 requisites must concur:1. that the right exists2. that the person involved had knowledge, actual or constructive, of the existence of such right3. that said person had an actual intention to relinquish the rightOthers:17 denied of right to counsel during custodial interrogation18 counsel was only called when accused subscribed under oath his statementMasamlok¶s testimony was uncorroborated. He was an interested witness. Wanted trade-off: membership with Civil HomeDefense Force.Disposition. JUDGMENT REVERSED AND SET ASIDE. ACQUITTED

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