Case Digest Criminal Law II Group IV
Case Digest Criminal Law II Group IV
Group IV
IN THE MATTER OF PETITION FOR HABEAS CORPUS OF VICKY A. OCAYA and DANNY
RIVERA: VIRGILIO A. OCAYA, petitioners,
vs.
BRIG. GEN. ALEXANDER AGUIRRE, COL. HERUCLES CATALUNA, COL. NESTOR MARIANO,
respondents.
--------------------------------------------------------------------
Facts:
RE: G.R. Nos. 84583-84 Domingo Anonuevo and Ramon Casiple were
arrested without warrant on the evening of 13 August 1998, when they
arrived at the house of Renato Constantine, that when the agents frisked
them, subversive documents, and loaded guns were found on their persons
but failed to show a permit to possess them.
RE: G.R. No. 83162 Vicky Ocaya was arrested without warrant when
she arrived at the premises of one Benito Tiamzon who was believed to be
the head of the CPP/NPA, the said house was subject of a search warrant
duly issued by the court. The PC-Intelligence and Investigation agents
found ammunition and subversive documents in Ocayas car.
Magsaysay Boulevard and Valencia St., Sta. Mesa, Manila, Espiritu spoke
at a gathering of drivers and sympathizers, to wit:
Issues:
I. Whether or not those arrests made without warrant, were meted out
according to the provisions of Section 5 of Rule 113 of the Rules of
Court.
II. Whether or not the decision erred in considering the admission made
by the persons arrested, inasmuch as those confessions do not comply with
the requirements on admissibility of extrajudicial admissions.
III. Whether or not the doctrine laid down in Garcia v. Enrile and Ilagan
v. Enrile be abandoned.
Ruling:
. . . (Emphasis supplied).
These requisites were also complied with in the case of Amelia Roque
and Wilfredo Buenaobra (G.R. Nos. 84581-82), Domingo Anonuevo and Ramon
Casiple (G.R. Nos. 84583-84) and Vicky Ocaya (G.R. No. 83162), wherein
Case Digest Criminal Law II
Group IV
II. No. Although the court indeed took into account the admissions
of he arrested persons of their membership in the CPP/NPA, as well as the
ownership of the unlicensed firearms, ammunitions and subversive
documents in their possession. But it is to be considered that said items
merely bolstered the Courts perception that the grounds upon which the
arresting officers based their arrests without warrant, are supported by
probable cause. To note these admissions is NOT to rule that the persons
arrested are already guilty of the offenses upon which their warrantless
arrests were predicated. That said, determining the guilt of innocence of
persons arrested without warrant is not proper in the petition for habeas
corpus.
-----------------------------------------------------------------------
Footnotes:
1 Republic Act No. 1700 known as the "Anti-Subversion Act" titled "An
Act to outlaw the CPP and similar associations, penalize membership
therein and for other purposes." (1957); and the subsequent related
decrees such as Presidential Decree No. 885, entitled "Outlawing
subversive organizations, penalizing membership therein, and for other
Case Digest Criminal Law II
Group IV