Republic of the Philippines

Province of Leyte
Department of Justice
Office of the Provincial Prosecutor
Bulwagan ng Katarungan, Tacloban City

PO2 Pedro Penduko, I.S. no. 1234

Complainant, For: Homicide

-versus-

Juan de la Cruz,
Respondent.
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INQUEST RESOLUTION

Respondent, Juan de la Cruz, was brought to this office for

inquest investigation after he was arrested by Police Officer Pedro
Penduko for the commission of the offense above captioned in a bar,
some time on January 1, 2018, at around 9:30 in the evening, at Brgy.
1234, Burgos St., Tacloban City.

Submitted in support of the arrest and the complaint against

Juan de la Cruz the following documents, to wit:

1) Affidavit of Police Officer Pedro Penduko;

2) Autopsy Report of Pedro Santos; and
3) Death certificate of Pedro Santos.

STATEMENT OF FACTS

Respondent, when informed waived his right to preliminary

investigation as provided for under Section 7, Rule 112 of the Revised
Rules of Criminal Procedure, thus, undersigned has to resolve the
complaint with dispatch.

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 In the affidavit of Police Officer Pedro Penduko, he averred that
he was on duty on the night January 1, 2018 and was patrolling the
vicinity pf Burgos St. when he saw people rushing out of X bar. He
stopped his police car to check see what was happening. When he
went inside the bar, he saw respondent Juan de la Cruz getting a knife
from his pocket and stabbed Pedro Santos. As such, Police Officer
Pedro Penduko immediately approached the respondent, informed him
of his authority and the reason for the arrest.

ANALYSES, FINDINGS AND RECOMMENDATIONS

The law sets forth instances when an arrest without a warrant

may be properly effected. Rule 113, Section 5 of the Revised Rules of
Criminal Procedure provides:

Section 5. Arrest without warrant; when lawful. — A peace officer or

a private person may, without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has

committed, is actually committing, or is attempting to commit an
offense;

(b) When an offense has just been committed, and he has

probable cause to believe based on personal knowledge of facts
or circumstances that the person to be arrested has committed
it; and

(c) When the person to be arrested is a prisoner who has

escaped from a penal establishment or place where he is serving
final judgment or is temporarily confined while his case is
pending, or has escaped while being transferred from one
confinement to another.

As a rule, when the person making the arrest acts without a

warrant, the person making the arrest acts at his peril since the burden
of proof is with the person the person arresting or causing the arrest
to show that the arrest was lawful. (6A CJS 17 – 18)

Within the meaning of Section 5, Rule 112 of the Revised Rules

of Criminal Procedure, an offense is committed in the presence or
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within the view of the person making the arrest, although at a distance,
or hears the disturbances created thereby and proceeds at once to the
scene thereof; or the offense is continuing, or has been consummated,
at the time the arrest is made. (People vs. Evaristo, 216 SCRA 431)

The facts laid out in the affidavit of Police Officer Pedro Penduko
and taken together with the other evidence herein attached, showed
that the arrest was valid which falls under the first paragraph of Section
5, Rule 112 of the Revised Rules of Criminal Procedure. The crime of
homicide was committed in the presence of a police officer which is a
sufficient ground to lawfully arrest a person without a warrant. The
undersigned found that there is enough evidence to form a well
engendered belief that the respondent committed the offense charged.

WHEREFORE, IN VIEW OF THE FOREGOING, it is most

respectfully recommended that an information for the crime of
Homicide be filed against the respondent Juan de la Cruz.

Tacloban City, Philippines, 1st day of January, 2018

Atty. Maria la del Barrio

Assist. Provincial Prosecutor

Approved by:

Atty. Mario de Boro

Chief Provincial Prosecutor

Copy furnished :
Juan de la Cruz, Brgy. 54321, Tacloban City

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