The People of The Philippines,: Petitioner, Civil Case No. 16-CR-12389

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Republic of the Philippines

Province of Benguet
Department of Justice
Office of the Provincial Prosecutor
Baguio City
THE PEOPLE OF
THE PHILIPPINES,
Petitioner, Civil Case No. 16-CR-12389
(NPS Docket No. 1-06-INV-
- versus - 163-00119)
HEART MARK EVANGEL, For: Violation of Republic Act
Respondent. No. 10951
x--------------------------------------------------x
INQUEST RESOLUTION
Respondent, Ms. HEART MARK EVANGEL, was brought to this

office for inquest investigation after he was arrested by Senior Police
Officer 1 Joe Hand and Police Officer 3 Mark Dee for the commission
of the offense above captioned in a bar, some time on March 28,
2020 at or around 7:00 P.M. at JP Soriano Street, Blueridge, Baguio
City.
Submitted in support of the arrest and the complaint against

Heart Mark Evangel the following documents, to wit:
1) Affidavit of Police Officer 3 Mark Dee dated March 28, 2020;

2) Affidavit of SPO1 Joe H. Hand dated March 28, 2020;
3) Affidavit of Witness;
4) Photograph of Firearm;
5) Picture of Confiscated Evidence and Book Mug Shots;
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6) Photograph of Firearm;
7) Request for Medical Examination;
8) Medical Examination;
9) PNP Arrest and Booking Sheet;
10) Request for Firearm Verification; and
11) Suspects Personal Receipt Form.
STATEMENT OF FACTS
Respondent, when informed waived her 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.
In the affidavit of Senior Police Officer 1 Joe H. Hand and

Police Officer 3 Mark H. Dee, they averred that they were
on duty on the night March 28, 2020 of March 28, 2020
and was patrolling the vicinity of JP Soriano Street,
Blueridge, Baguio City when without apparent reason and
without even saying a word, Ms. Heart Evangel pulled a gun
tucked on her waist and pointed the gun towards them. He
stopped his police car to check see what was happening.
As such, Senior Police Officer 1 Joe H. Hand immediately
called out the respondent and made proper introduction as
to their identity, their authority to arrest 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:
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(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
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 Senior Police Officer 1 Joe
H. Hand and Police Officer 3 Mark H. Dee,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 illegal possession
of firearm was committed in the presence of police officers 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.
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WHEREFORE, IN VIEW OF THE FOREGOING, it is most

respectfully recommended that an information for the crime illegal
possession of firearm be filed against the respondent Heart Mark
Evangel.
Baguio City, Philippines, 29th day of March 2020.
Associate Provincial
Prosecutor
Approved by:
Deputy Provincial Prosecutor
Copy furnished :
Heart Mark Evangel, OD-432, Purok 4, Brgy. Talipapa, Baguio City

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Republic of the Philippines

Petitioner, Civil Case No. 16-CR-12389

(NPS Docket No. 1-06-INV-

HEART MARK EVANGEL, For: Violation of Republic Act

Respondent. No. 10951

Respondent, Ms. HEART MARK EVANGEL, was brought to this

Submitted in support of the arrest and the complaint against

1) Affidavit of Police Officer 3 Mark Dee dated March 28, 2020;

Respondent, when informed waived her right to preliminary

In the affidavit of Senior Police Officer 1 Joe H. Hand and

ANALYSES, FINDINGS AND RECOMMENDATIONS

The law sets forth instances when an arrest without a warrant

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

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

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

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

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

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

WHEREFORE, IN VIEW OF THE FOREGOING, it is most

Baguio City, Philippines, 29th day of March 2020.

Deputy Provincial Prosecutor

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