Abdula vs. Guiani G.R. No.: 118821, February 18, 2000, 326 SCRA 1 FACTS: The case involves a petition for certiorari and prohibition to set aside the warrant of arrest issued by Judge Japal M. Guiani of Branch 14 of the Regional Trial Court of Cotabato City. The petitioners, Mayor Bai Unggie D. Abdula and Odin Abdula, were charged with murder in Criminal Case No. 2376. The murder complaint alleged that the petitioners paid six other individuals for the death of a certain Abdul Dimalen, the former COMELEC Registrar of Kabuntalan, Maguindanao. Initially, the Provincial Prosecutor of Maguindanao dismissed the murder charges against the petitioners and five other respondents due to lack of prima facie evidence. However, a separate information for murder was filed against one of the respondents, Kasan Mama. Subsequently, the case was ordered to be returned to the Provincial Prosecutor for further investigation. After additional evidence was presented, the Provincial Prosecutor found a prima
People vs. Gerente
GR No. 95847-48, March 10 1993
FACTS:
Edna Edwina Reyes testified that Gabriel Gerente, together with Fredo Echigoren and Totoy Echigoren, started drinking liquor and smoking marijuana in the house of the appellant
She overheard the three men talking about their intention to kill Clarito Blace.
Fredo, Totoy Echigoren and Gerente carried out their plan to kill Clarito Blace.
Reyes, testified that she witnessed the killing as follows: Fredo Echigoren struck the first blow against Clarito Blace, followed by Totoy Echigoren and Gabriel Gerente who hit him twice with a piece of wood in the head and when he fell, Totoy Echigoren dropped a hollow block on the victim's head.
Thereafter, the three men dragged Blace to a place behind the house of Gerente.
Patrolman Jaime Urrutia of the Valenzuela Police Station received a report from the Palo Police Detachment about a mauling incident.
He went to the Valenzuela District Hospital where the victim was brought.
He was informed by the hospital officials that the victim died on arrival.
The cause of death was massive fracture of the skull caused by a hard and heavy object.
Right away, Patrolman Urrutia, proceeded to Paseo de Blas where the mauling incident took place.
There they found a piece of wood with blood stains, a hollow block and two roaches of marijuana.
They were informed by Reyes, that she saw the killing and she pointed to Gabriel Gerente as one of the three men who killed Clarito.
The policemen proceeded to the house of the appellant who was then sleeping.
Read: People vs. Sucro
They told him to come out of the house and they introduced themselves as policemen.
Patrolman Urrutia frisked appellant and found a coin purse in his pocket which contained dried leaves wrapped in cigarette foil.
Only the appellant, Gabriel Gerente, was apprehended by the police.
The other suspects, Fredo and Totoy Echigoren, are still at large.
Two separate informations were filed by Assistant Provincial Prosecutor Benjamin Caraig against him for Violation of Section 8, Article II, of Republic Act No. 6425, and for Murder.
The trial court convicted him of Violation of Section 8 of R.A. 6425 and of Murder.
ISSUES:
The appealed decision was affirmed.
ARREST
The policemen arrested Gerente only some three (3) hours after Gerente and his companions had killed Blace.
They saw Blace dead in the hospital and when they inspected the scene of the crime, they found the instruments of death: a piece of wood and a concrete hollow block which the killers had used to bludgeon him to death.
The eye-witness, Edna Edwina Reyes, reported the happening to the policemen and pinpointed her neighbor, Gerente, as one of the killers.
Under those circumstances, since the policemen had personal knowledge of the violent death of Blace and of facts indicating that Gerente and two others had killed him, they could lawfully arrest Gerente without a warrant.
If they had postponed his arrest until they could obtain a warrant, he would have fled the law as his two companions did.
SEARCH and SEIZURE
The search conducted on Gerente's person was likewise lawful because it was made as an incident to a valid arrest.
This is in accordance with Section 12, Rule 126 of the Revised Rules of Court which provides:
Read: People vs. Acol
See Adams vs. Williams, 47 U.S. 143:
When there is a conspiracy to commit a crime, the act of one conspirator is the act of all.
The conspiracy was proven by the eyewitness-testimony of Edna Edwina Reyes, that she overheard the appellant and his companions conspire to kill Blace, that acting in concert, they attacked their victim with a piece of wood and a hollow block and caused his death.
See People vs. Belibet, 199 SCRA 587, 588:
GR No. 95847-48, March 10 1993
FACTS:
Edna Edwina Reyes testified that Gabriel Gerente, together with Fredo Echigoren and Totoy Echigoren, started drinking liquor and smoking marijuana in the house of the appellant
She overheard the three men talking about their intention to kill Clarito Blace.
Fredo, Totoy Echigoren and Gerente carried out their plan to kill Clarito Blace.
Reyes, testified that she witnessed the killing as follows: Fredo Echigoren struck the first blow against Clarito Blace, followed by Totoy Echigoren and Gabriel Gerente who hit him twice with a piece of wood in the head and when he fell, Totoy Echigoren dropped a hollow block on the victim's head.
Thereafter, the three men dragged Blace to a place behind the house of Gerente.
Patrolman Jaime Urrutia of the Valenzuela Police Station received a report from the Palo Police Detachment about a mauling incident.
He went to the Valenzuela District Hospital where the victim was brought.
He was informed by the hospital officials that the victim died on arrival.
The cause of death was massive fracture of the skull caused by a hard and heavy object.
Right away, Patrolman Urrutia, proceeded to Paseo de Blas where the mauling incident took place.
There they found a piece of wood with blood stains, a hollow block and two roaches of marijuana.
They were informed by Reyes, that she saw the killing and she pointed to Gabriel Gerente as one of the three men who killed Clarito.
The policemen proceeded to the house of the appellant who was then sleeping.
Read: People vs. Sucro
They told him to come out of the house and they introduced themselves as policemen.
Patrolman Urrutia frisked appellant and found a coin purse in his pocket which contained dried leaves wrapped in cigarette foil.
Only the appellant, Gabriel Gerente, was apprehended by the police.
The other suspects, Fredo and Totoy Echigoren, are still at large.
Two separate informations were filed by Assistant Provincial Prosecutor Benjamin Caraig against him for Violation of Section 8, Article II, of Republic Act No. 6425, and for Murder.
The trial court convicted him of Violation of Section 8 of R.A. 6425 and of Murder.
ISSUES:
- Was there a lawful arrest in the absence of a valid warrant?
- Was there a lawful search in the absence of a valid warrant?
- Was there a conspiracy to commit a crime?
The appealed decision was affirmed.
ARREST
The policemen arrested Gerente only some three (3) hours after Gerente and his companions had killed Blace.
They saw Blace dead in the hospital and when they inspected the scene of the crime, they found the instruments of death: a piece of wood and a concrete hollow block which the killers had used to bludgeon him to death.
The eye-witness, Edna Edwina Reyes, reported the happening to the policemen and pinpointed her neighbor, Gerente, as one of the killers.
Under those circumstances, since the policemen had personal knowledge of the violent death of Blace and of facts indicating that Gerente and two others had killed him, they could lawfully arrest Gerente without a warrant.
If they had postponed his arrest until they could obtain a warrant, he would have fled the law as his two companions did.
SEARCH and SEIZURE
The search conducted on Gerente's person was likewise lawful because it was made as an incident to a valid arrest.
This is in accordance with Section 12, Rule 126 of the Revised Rules of Court which provides:
SECTION 12. Search incident to lawful arrest. — A person lawfully arrested may be searched for dangerous weapons or anything which may be used as proof of the commission of an offense, without a search warrant.The frisk and search of appellant's person upon his arrest was a permissible precautionary measure of arresting officers to protect themselves, for the person who is about to be arrested may be armed and might attack them unless he is first disarmed.
Read: People vs. Acol
See Adams vs. Williams, 47 U.S. 143:
...the individual being arrested may be frisked for concealed weapons that may be used against the arresting officer and all unlawful articles found his person, or within his immediate control may be seized.CONSPIRACY
When there is a conspiracy to commit a crime, the act of one conspirator is the act of all.
The conspiracy was proven by the eyewitness-testimony of Edna Edwina Reyes, that she overheard the appellant and his companions conspire to kill Blace, that acting in concert, they attacked their victim with a piece of wood and a hollow block and caused his death.
See People vs. Belibet, 199 SCRA 587, 588:
When there is no evidence indicating that the principal witness for the prosecution was moved by improper motive, the presumption is that he was not so moved and his testimony is entitled to full faith and credit.