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    RAYNALDO Carnnaping IMMEDIATE RELEASE

    Uploaded by

    Han Nah
    This document is a request from the Public Attorney's Office of Sarangani Province to the Provincial Prosecutor's Office for the immediate release of Reynaldo Flores Balarao. The request notes that the alleged crime occurred 4 months ago in December 2018, so a warrant of arrest should have been filed due to the lapse in time. It also explains that a warrantless arrest is only valid under conditions of hot pursuit, a recent offense, or if the person is an escaped prisoner, none of which apply in this case. Therefore, the document concludes that Balarao should be released immediately.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    RAYNALDO Carnnaping IMMEDIATE RELEASE

    Uploaded by

    Han Nah
    58 views2 pages
    This document is a request from the Public Attorney's Office of Sarangani Province to the Provincial Prosecutor's Office for the immediate release of Reynaldo Flores Balarao. The request notes that the alleged crime occurred 4 months ago in December 2018, so a warrant of arrest should have been filed due to the lapse in time. It also explains that a warrantless arrest is only valid under conditions of hot pursuit, a recent offense, or if the person is an escaped prisoner, none of which apply in this case. Therefore, the document concludes that Balarao should be released immediately.

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    RAYNALDO carnnaping IMMEDIATE RELEASE.docx

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    This document is a request from the Public Attorney's Office of Sarangani Province to the Provincial Prosecutor's Office for the immediate release of Reynaldo Flores Balarao. The request notes that the alleged crime occurred 4 months ago in December 2018, so a warrant of arrest should have been filed due to the lapse in time. It also explains that a warrantless arrest is only valid under conditions of hot pursuit, a recent offense, or if the person is an escaped prisoner, none of which apply in this case. Therefore, the document concludes that Balarao should be released immediately.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    58 views2 pages

    RAYNALDO Carnnaping IMMEDIATE RELEASE

    Uploaded by

    Han Nah
    This document is a request from the Public Attorney's Office of Sarangani Province to the Provincial Prosecutor's Office for the immediate release of Reynaldo Flores Balarao. The request notes that the alleged crime occurred 4 months ago in December 2018, so a warrant of arrest should have been filed due to the lapse in time. It also explains that a warrantless arrest is only valid under conditions of hot pursuit, a recent offense, or if the person is an escaped prisoner, none of which apply in this case. Therefore, the document concludes that Balarao should be released immediately.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Republic of the Philippines

    PUBLIC ATTORNEY’S OFFICE


    Sarangani District Office
    Hall of Justice Bldg., Capitol Compound
    Alabel, Sarangani Province
    Email address: [email protected]

    29 April 2019

    NPS Doc. No. ______________________________

    RE: INQUEST FOR : VIOLATION OF R.A. 10883 aka New Anti-


    Carnapping Law of the Philippines

    Name of Respondents : REYNALDO FLORES BALARAO

    To: THE HONORABLE PROSECUTOR


    Office of the Provincial Prosecutor
    Sarangani Province

    REQUEST FOR IMMEDIATE RELEASE

    Dear Sir/Ma’am:

    It can be gleaned in the Sinumpaang Salaysay of the complainant, Elias


    Medina Mayonggue, Jr. and to the Investigation Data Form that the alleged
    crime was committed four (4) months ago or December 23, 2018 and
    December 07, 2018. Thus, a warrant of arrest should have been filed
    considering the lapse of time.

    Moreover, warrant of arrest could be dispensed of if the instances for a


    valid warrantless arrest are present, to wit;

    a. Hot pursuit;
    b. When an offense had just been committed and there is probable
    cause to believe, based on his personal knowledge of facts or of

    Page 1 of 2
    other circumstances, that the person to be arrested had committed
    the offense; and

    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.
    (Rule 113, Section 5, Rules of Criminal Procedure)

    In Posadas vs Ombudsman, G.R. No. 131492, September 29, 2000, the


    Supreme Court ruled that,

    “When the attempted arrest does not fall under any of the cases
    provided in Rule 113, Section 5, Rules of Criminal Procedure (for
    warrantless arrests), the NBI agents could not, regardless of their
    suspicion, authorize the arrest of the students without a warrant,
    or even effect the arrest themselves, because only the courts could
    decide the question of probable cause.”

    Thus, considering that the instant case does not fall in the instances to
    warrant a valid warrantless arrest, the respondent, Reynaldo Flores
    Balarao, should be released immediately.

    Respectfully Submitted.

    BAI ALEFHA HANNAH M. MUSA-ABUBACAR


    Public Attorney I
    Public Attorney’s Office
    Sarangani Province

    Page 2 of 2

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