UMIL VS. RAMOS
Facts:
On 1 February 1988, military agents were dispatched to the St. Agnes
Hospital, Roosevelt Avenue, Quezon City, to verify a confidential information
which was received by their office, about a "sparrow man" (NPA
member) who had been admitted to the said hospital with a gunshot wound. That
the wounded man in the said hospital was among the five (5) male
"sparrows" who murdered two (2) Capcom mobile patrols the day before,
or on 31 January 1988 at about 12:00 o'clock noon, before a road hump along
Macanining St., Bagong Barrio, Caloocan City. The wounded man's name was listed
by the hospital management as "Ronnie Javellon," twenty-two (22)
years old of Block 10, Lot 4, South City
Homes, Binan, Laguna however it was disclosed later that the true name of the
wounded man was Rolando Dural. In view of this verification, Rolando Dural was
transferred to the Regional Medical Servicesof the CAPCOM, for security reasons.
While confined thereat, he was positively identified by the eyewitnesses as the
one who murdered the 2 CAPCOM mobile patrols.
Issue: Whether or Not Rolando was lawfully arrested.
Held:
Rolando Dural was arrested for being a member of the NPA, an outlawed
subversive organization. Subversion
being a continuing offense, the arrest without warrant is justified as it can
be said that he was committing as offense when arrested. The crimes
rebellion, subversion, conspiracy or proposal to commit such crimes, and crimes
or offenses committed in furtherance therefore in connection therewith
constitute direct assaults against the state and are in the nature of
continuing crimes.