Dear PAO,
I am a young engineer in the energy sector and met my girlfriend on the internet about six months ago. Unfortunately, I received an information that my girlfriend was arrested by the police without a warrant.
She had recently dropped out of university and joined the New People’s Army (NPA) as one of its armed social media managers. Apparently, this was enough for the police to arrest her at an NPA camp in the province. They had no arrest warrant, yet they still took her and charged her with rebellion. In my humble opinion, the arrest of my girlfriend is definitely illegal. Please advise me on my girlfriend’s situation.
Xamson
Dear Xamson,
Unfortunately, there may be legal bases for your girlfriend’s arrest even though the police officers who arrested her did not have a warrant of arrest. Rebellion is considered a continuing crime, which may justify a warrantless arrest. When she was arrested, it may legally be considered an arrest during the commission of a crime.
Indeed, the Supreme Court, in its per curiam Resolution in the case of In the Matter of the Petition for Habeas Corpus of Roberto Umil, et al. vs. Fidel V. Ramos, et al. (G.R. No. 81567 October 3, 1991), stated that the warrantless arrest of a person committing the crime of rebellion is perfectly legal in the following:
“The Court's decision of 9 July 1990 rules that the arrest Rolando Dural (G.R. No. 81567) without warrant is justified it can be said that, within the contemplation of Section 5 Rule 113, he (Dural) was committing an offense, when arrested because Dural was arrested for being a member of the New People's Army, an outlawed organization, where membership penalized, and for subversion which, like rebellion is, under the doctrine of Garcia vs. Enrile, a continuing offense, thus:
The crimes of insurrection or rebellion, subversion, conspiracy or proposal to commit such crimes, and other crimes and offenses committed in the furtherance (sic) on the occasion thereof, or incident thereto, or in connection therewith under Presidential Proclamation No. 2045, are all in the nature of continuing offenses which set them apart from the common offenses, aside from their essentially involving a massive conspiracy of nationwide magnitude… xxx
Viewed from another but related perspective, it may also be said, under the facts of the Umil case, that the arrest of Dural falls under Section 5, paragraph (b), Rule 113 of the Rules of Court, which requires two (2) conditions for a valid arrest without warrant: first, that the person to be arrested has just committed an offense, and second, that the arresting peace officer or private person has personal knowledge of facts indicating that the person to be arrested is the one who committed the offense. Section 5(b), Rule 113, it will be noted, refers to arrests without warrant, based on “personal knowledge of facts” acquired by the arresting officer or private person.”
Here, you admitted that your girlfriend joined the NPA, which is an outlawed organization. She was even at an NPA camp when she was arrested. As explained above, the crime of rebellion is considered a continuing crime. As such, your girlfriend is deemed to be constantly committing the crime of rebellion. Her arrest, therefore, does not need any warrant so long as the law enforcement officers who effected the arrest can prove that they have personal knowledge of facts concerning her membership and participation in the activities of the NPA.
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
