Posadas vs. Ombudsman

ROGER POSADAS, ROSARIO TORRES-YU, and MARICHU LAMBINO,
petitioners,
vs.
THE HON. OMBUDSMAN, THE SPECIAL PROSECUTOR, and ORLANDO V.
DIZON, respondents.
G.R. No. 131492
September 29, 2000
ISSUE: Whether the attempted arrest of the student suspects by the NBI
could be validly made without a warrant.
HELD: NO
MENDOZA, J.:
FACTS:
Dennis Venturina, a member of Sigma Rho at the University of the

Philippines, was killed in a rumble between his fraternity and another
fraternity on December 8, 1994. Petitioner Posadas, then Chancellor
of U.P. Diliman, asked the Director of the NBI for assistance in
determining the persons responsible for the crime. With that,
respondent Dizon, Chief of the Special Operations Group of the NBI,
and his men went to U.P. and, on the basis of the supposed positive
identification of two alleged eyewitnesses, they attempted to arrest
Francis Carlo Taparan and Raymundo Narag, officers/members of the
Scintilla Juris Fraternity, as suspects in the killing of Venturina. It
appears that the two suspects had come that day to the U.P. Police
Station for a peace talk between their fraternity and the Sigma Rho
Fraternity.
Petitioners Posadas, Lambino, and Torres-Yu, also of U.P., and a
certain Atty. Villamor, counsel for the suspects, objected on the
ground that the NBI did not have warrants of arrest with them. As a
result of their intervention, Taparan and Narag were not arrested by
the NBI agents on that day. However, criminal charges were filed
later against the two student suspects.
Dizon then filed a complaint in the Office of the Special Prosecutor,
charging petitioners Posadas, Torres-Yu, Lambino, Col. Eduardo
Bentain, Chief of the Security Force of the U.P. Police, and Atty.
Villamor with violation of P.D. 1829, which makes it unlawful for
anyone to obstruct the apprehension and prosecution of criminal
offenders.
On motion of petitioners, the Special Prosecutor's Office

recommended the dismissal of the case. But such was disapproved.
The Office of the Ombudsman directed the Special Prosecutor to
proceed with the prosecution of petitioners in the Sandiganbayan.
Hence this petition for certiorari and prohibition to set aside the
resolution of the Ombudsman's office ordering the prosecution of
petitioners.
Zenaida Resuma Razon

Sec.5 Arrest Without Warrant
Rule 113, Criminal Procedure
In view of Art. III, Sec. 2 of the Constitution, the rule is that no

arrest may be made except by virtue of a warrant issued by a judge
after examining the complainant and the witnesses he may produce
and after finding probable cause to believe that the person to be
arrested has committed the crime. The exceptions when an arrest
may be made even without a warrant are provided in Rule 113, Sec.
5 of the Rules of Criminal Procedure which reads:
(a) When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
(b) When an offense has in fact just been committed, and he has personal
knowledge of the facts indicating that the person to be arrested has committed it;
(c) When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement to another.
There is no question that this case does not fall under

paragraphs (a) and (c). The arresting officers in this case did not
witness the crime being committed. Neither are the students fugitives
from justice nor prisoners who had escaped from confinement. The
question is whether paragraph (b) applies because it is the contention
of the respondents that the NBI agents had personal knowledge of
facts gathered by them in the course of their investigation indicating
that the students sought to be arrested were the perpetrators of the
crime. But the Court ruled in negative.
"Personal knowledge" of facts in arrests without a warrant under
Section 5 (b) of Rule 113 must be based upon "probable cause"
which means an "actual belief or reasonable grounds of
suspicion." The grounds of suspicion are reasonable when, in the
absence of actual belief of the arresting officers, the suspicion that
the person to be arrested is probably guilty of committing the offense
is based on actual facts.
At the time Dennis Venturina was killed, these agents were nowhere
near the scene of the crime. When respondent Dizon and his men
attempted to arrest Taparan and Narag, the latter were not
committing a crime nor were they doing anything that would create
the suspicion that they were doing anything illegal.

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ROGER POSADAS, ROSARIO TORRES-YU, and MARICHU LAMBINO,

September 29, 2000

Dennis Venturina, a member of Sigma Rho at the University of the

On motion of petitioners, the Special Prosecutor's Office

Zenaida Resuma Razon

In view of Art. III, Sec. 2 of the Constitution, the rule is that no

There is no question that this case does not fall under

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