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    Salonga V Holland 76 Phil 412

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    Lord Jester Aguirre
    The Supreme Court ruled that the warrantless arrest of Nicasio Salonga y Rodriguez was valid. Nicasio had escaped from prison where he was serving a six month sentence for firing a firearm. He was arrested on the street by a police officer and returned to prison to continue serving his sentence. The Court found that as an escaped prisoner, Nicasio could be arrested without a warrant in order to return him to custody to finish his original sentence.

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    Salonga V Holland 76 Phil 412

    Uploaded by

    Lord Jester Aguirre
    49 views2 pages
    The Supreme Court ruled that the warrantless arrest of Nicasio Salonga y Rodriguez was valid. Nicasio had escaped from prison where he was serving a six month sentence for firing a firearm. He was arrested on the street by a police officer and returned to prison to continue serving his sentence. The Court found that as an escaped prisoner, Nicasio could be arrested without a warrant in order to return him to custody to finish his original sentence.

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    Case digest of Salonga v Holland 76 Phil 412

    Original Title

    Salonga v Holland 76 Phil 412

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    The Supreme Court ruled that the warrantless arrest of Nicasio Salonga y Rodriguez was valid. Nicasio had escaped from prison where he was serving a six month sentence for firing a firearm. He was arrested on the street by a police officer and returned to prison to continue serving his sentence. The Court found that as an escaped prisoner, Nicasio could be arrested without a warrant in order to return him to custody to finish his original sentence.

    Copyright:

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

    Salonga V Holland 76 Phil 412

    Uploaded by

    Lord Jester Aguirre
    The Supreme Court ruled that the warrantless arrest of Nicasio Salonga y Rodriguez was valid. Nicasio had escaped from prison where he was serving a six month sentence for firing a firearm. He was arrested on the street by a police officer and returned to prison to continue serving his sentence. The Court found that as an escaped prisoner, Nicasio could be arrested without a warrant in order to return him to custody to finish his original sentence.

    Copyright:

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

    Salonga v Holland

    76 Phil 412
    PAUL, J .

    Facts:

     Fidela Fernandez de Salonga filed a petition for habeas corpus on behalf of her husband Nicasio
    Salonga y Rodriguez
     Nicasio Salonga y Rodriguez was arrested without warrant and without having charge of any
    crime and requested the issuance of a writ of habeas corpus ordering the respondent, Colonel
    Holland to produce the person of the detainee before the Court of First Instance of Manila
     Judge Ocampo issued the requested writ of habeas corpus
     Colonel Holland presented his answer:
    o Nicasio Salonga was arrested and the following day he was handed over to Director of
    Prisons in Muntinglupa, Rizal
    o The detainee is no longer in his power and he requested the denial of the request.
     The appellant’s attorneys filed an amended application including the director of prisons as one of
    the respondents.
     The court ordered the appearance of the Director of Prisons with the person of the detainee on
    January 18, at 9 in the morning.

    The following Facts appeared:

     Nicaso Salonga y Rodríguez was sent to the Director of Prisons for having sentence in Criminal
    Case No. 94947 wherein he committed the crim of firing a firearms and was sentence prison
    correctional (six months and one day).
     Nicasio Salonga y Rodriguez was confined in the Bilibid jail in Muntinglupa and transferred to
    Camp Nichols, Rizal
     Under the custody of the guards of Camp Nichols he ran away

     Nicasio Salonga y Rodriguez was arrested on Juan Luna Street, Manila, by a Manila City
    policeman and was handed over the next day to the Director of Prisons in the Bilibid jail in
    Muntinglupa, Rizal, to serve the rest of the sentence not yet suffered.

     From May 11, 1944, when he began to suffer his sentence until June 3 of the same year in which
    he escaped, 23 days have elapsed. To serve his sentence, he must remain in the Bilibid prison in
    Muntingpula, well, about five more months.

    Issue:

     Whether or not the warrantless arrest is valid

    Rulings:

    The appellant is nothing more than a simple fugitive from the law and has no right to demand that the
    arrester be armed with an arrest warrant: a prisoner who evades the fulfillment of his sentence, escaping
    from the surveillance of a police officer or a penal institution can be arrested, without an arrest warrant,
    not only by an agent of authority but also by an individual (article 6, Rule 109, Regulations of the
    Courts).

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