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PEOPLE v. SAMUEL MAHUSAY Y FLORES

This case has been cited 2 times or more.

2001-07-10
MENDOZA, J.
Under ยง5(b), two conditions must concur for a warrantless arrest to be valid: first, the offender has just committed an offense and, second, the arresting peace officer or private person has personal knowledge of facts indicating that the person to be arrested has committed it. It has been held that "`personal knowledge of facts' in arrests without a warrant must be based upon probable cause, which means an actual belief or reasonable grounds of suspicion."[32]
2000-02-08
BELLOSILLO, J.
Anent the first issue, we have consistently ruled that any objection to the warrant of arrest or the procedure in the acquisition by the court of jurisdiction over the person of the accused must be made before he enters his plea, otherwise the objection is deemed waived.[30] Thus, if he fails to move for the quashing of the information against him before his arraignment he may be estopped from assailing the illegality of his arrest.[31] Records show that accused-appellant was arraigned on 31 January 1996 where he entered a plea of not guilty.[32] Prior to such date he did not file any motion to quash the Information. Hence, it is now too late for him to question the legality of his arrest.