Posadas v. Ombudsman
Posadas v. Ombudsman
Posadas v. Ombudsman
1 Rule 113, 5 of the Rules of Criminal Procedure:(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 in fact just been committed, and he has personal knowledge of the
facts indicating that the person to be arrested has committed it;
(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 temporarily confined while his
case is pending, or has escaped while being transferred from one confinement to another.
2. NO,
In order for a person to be liable for violation of PD 1829 there must be either a warrant of arrest
or there is a valid warrantless arrest. The absence of an arrest warrant, the absence of knowledge
or reasonable ground on the part of Posadas to believe that the students had committed a crime,
the absence of any law punishing refusal to attend an investigation at the NBI, all show that there
is no sufficient ground to charge the accused with Obstruction of Justice.
That Posadas had a right to prevent the arrest of Taparan and Narag because their attempted
arrest was illegal.
NOTE:
Office of the Ombudsman claims that Posadas liable since due to his intervention, Taparan and
Narag was able to escape.
SEC. 1. The-penalty of prision correccional in its maximum period, or a fine ranging from 1,000
to 6,000 pesos, or both, shall be imposed upon any person who knowingly or wilfully obstructs,
impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution
of criminal cases by committing any of the following acts:
(c)harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable
ground to believe or suspect, has committed any offense under existing penal laws in order to
prevent his arrest, prosecution and conviction;
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