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    People VS Galvez

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    anna
    Manny was arrested by a Barangay Tanod based solely on what the victim's brother Rey told him, not because he witnessed the crime. There was no warrant issued for Manny's arrest. While Manny's arrest was illegal, by entering a plea of not guilty at trial he waived his right to object to the illegality of the arrest. The eyewitnesses positively identified Manny as the assailant, and the court found them to be credible witnesses. So despite the illegal arrest, the facts supported finding Manny culpable.

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    People VS Galvez

    Uploaded by

    anna
    797 views2 pages
    Manny was arrested by a Barangay Tanod based solely on what the victim's brother Rey told him, not because he witnessed the crime. There was no warrant issued for Manny's arrest. While Manny's arrest was illegal, by entering a plea of not guilty at trial he waived his right to object to the illegality of the arrest. The eyewitnesses positively identified Manny as the assailant, and the court found them to be credible witnesses. So despite the illegal arrest, the facts supported finding Manny culpable.

    Original Title

    PEOPLE VS GALVEZ

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    Manny was arrested by a Barangay Tanod based solely on what the victim's brother Rey told him, not because he witnessed the crime. There was no warrant issued for Manny's arrest. While Manny's arrest was illegal, by entering a plea of not guilty at trial he waived his right to object to the illegality of the arrest. The eyewitnesses positively identified Manny as the assailant, and the court found them to be credible witnesses. So despite the illegal arrest, the facts supported finding Manny culpable.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    797 views2 pages

    People VS Galvez

    Uploaded by

    anna
    Manny was arrested by a Barangay Tanod based solely on what the victim's brother Rey told him, not because he witnessed the crime. There was no warrant issued for Manny's arrest. While Manny's arrest was illegal, by entering a plea of not guilty at trial he waived his right to object to the illegality of the arrest. The eyewitnesses positively identified Manny as the assailant, and the court found them to be credible witnesses. So despite the illegal arrest, the facts supported finding Manny culpable.

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    PEOPLE VS GALVEZ

    GR. NO. 136790 MARCH 26, 2001

    Facts: The incident happened one evening at a local fair which was illuminated
    by fluorescent lights. Playing games at that time in one of the stalls throwing
    25 centavo coins were Larry, Romy and Al while their companion Danny was
    about three meters away playing bingo. After a while five men arrived. Two of
    them approached Romy while the two others served as the lookout. Then the
    fifth man went directly to Romy and stabbed him at the back with a knife.
    Afterwards the assailant threw the knife away and then fled with his
    companions. Larry saw Romy fall to the ground seriously wounded. Al was
    around three arms length away and saw the entire incident. Larry and Danny
    brought Romy to the hospital where he was declared dead on arrival. Then they
    informed Romy’s relatives of his death.
    Initial police investigation showed that there were six suspects but they
    could not be found in their respective residences. Inside the bus terminal
    bystanders informed SPO1 Lazaro, the police investigator, that Manny stabbed
    the victim. So the policeman fetched Manny and told him to go to the house of
    the victim. But when they arrived people just looked at manny and did not
    point to him as the assailant. In fact the victims brother Rey told the police
    that Manny was not the one who stabbed his brother and should be released.
    So the police released Manny.
    But as soon as they had left, the people inside the house particularly
    Danny, Larry and Al told Rey that it was Manny who stabbed his brother as
    they were him and saw the entire incident. So at the instance of Rey, the
    Barangay Tanod apprehended Manny and took the latter to the police
    headquarters. The tanod had no warrant of arrest when he took Manny into
    custody.
    At the police station, the statements of the witnesses were prepared
    pointing to Manny as the assailant. Manny was charged with murder and was
    denied bail. At the trial, after pleading not guilty, the eyewitnesses pointed to
    Manny as the culprit. So Manny was found guilty as charged and sentence to
    reclusion perpetua despite his alibi and despite the fact that the knife was not
    found.
    On appeal, among the points raised by Manny was the legality of his
    arrest. He alleged that he was arrested not because of the positive identification
    of the eyewitnesses but on the basis of the hearsay testimony of Rey. Besides,
    he was arrested without warrant.

    Issue: Was Manny’s arrest legal?

    Held: NO. Manny’s arrest was illegal. The Barangay Tanod arrested Manny on
    the basis solely of what Rey told him and not because he saw Manny commit
    the crime charged against him. Indeed there was no warrant issued against
    Manny when the latter was taken into custody by the tanod. Considering that
    Manny was not committing a crime at the time he was arrested nor did the
    arresting officer have any personal knowledge of facts indicating that Manny
    committed a crime, his arrest without a warrant cannot be justified.
    By entering a plea of not guilty and participating at the trial however,
    Manny waived his right to raise the issue of the illegality of arrest. Objection to
    a warrant of arrest or the procedure by which the court acquires jurisdiction
    over the person of an accused must be made before he enters a plea, otherwise
    the objection is deemed waived. The fact that the arrest was illegal does not
    render the subsequent proceedings void and derive the State of its right to
    convict the guilty when all the facts point to culpability of the accused.
    And in the case all the facts point to the culpability of Manny. He was
    positively identified as the assailant by the eyewitnesses who were found by the
    court to be credible. The failure to present as evidence of the murder weapon is
    not fatal because the positive identification of the eyewitnesses is sufficient to
    prove the culpability of Manny

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