These are eight (8) petitions for habeas corpus filed before the Court, which have been consolidated because of the similarity of issues raised, praying for the issuance of the writ of habeas corpus, ordering the respective respondents to produce the bodies of the persons named therein and to explain why they should not be set at liberty without further delay.

In their respective Returns, the respondents uniformly assert that the privilege of the writ of habeas corpus is not available to the petitioners as they have been legally arrested and are detained by virtue of valid informations filed in court against them.

The petitioners counter that their detention is unlawful as their arrests were made without warrant and, that no preliminary investigation was first conducted, so that the informations filed against them are null and void.

The Court has carefully reviewed the contentions of the parties in their respective pleadings, and it finds that the persons detained have not been illegally arrested nor arbitrarily deprived of their constitutional right to liberty, and that the circumstances attending these cases do not warrant their release on habeas corpus.

The arrest of a person without a warrant of arrest or previous complaint is recognized in law.  The occasions or instances when such an arrest may be effected are clearly spelled out in Section 5, Rule 113 of the Rules of Court, as amended, which provides:

"Sec. 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 in fact just been committed, and he has personal knowledge of facts indicating 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 temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

In cases falling under paragraphs (a) and (b) hereof, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail, and he shall be proceeded against in accordance with Rule 112, Section 7."

An arrest without a warrant of arrest, under Section 5 paragraphs (a) and (b) of Rule 113 of the Rules of Court, as amended, is justified when the person arrested is caught in flagranti delicto, viz., in the act of committing an offense; or when an offense has just been committed and the person making the arrest has personal knowledge of the facts indi­cating that the person arrested has committed it.  The rationale behind lawful arrests, without warrant, was stated by this Court in the case of People vs. Kagui Malasugui^[1] thus,

"To hold that no criminal can, in any case, be arrested and searched for the evidence and tokens of his crime without a warrant, would be to leave society, to a large extent, at the mercy of the shrewdest, the most expert, and the most depraved of criminals, facilitating their escape in many instances."

The record of the instant cases would show that the persons in whose behalf these petitions for habeas corpus have been filed, had freshly committed or were actually committing an offense, when apprehended, so that their arrests without a warrant were clearly justified, and that they are, further, detained by virtue of valid informations filed against them in court.

A brief narration of the facts and events surrounding each of the eight (8) petitions is in order.

I

In G.R. No. 81567 (Umil vs. Ramos), the record shows that, on 1 February 1988, the Regional Intelligence Opera­tions Unit of the Capital Command (RIOU-CAPCOM) received confidential information about a member of the NPA Sparrow Unit (liquidation squad) being treated for a gunshot wound at the St. Agnes Hospital in Roosevelt Avenue, Quezon City.  Upon verification, it was found that the wounded person, who was listed in the hospital records as Ronnie Javelon, is actually Rolando Dural, a member of the NPA liquidation squad, responsible for the killing of two (2) CAPCOM soldiers the day before, or on 31 January 1988, in Macanining Street, Bagong Barrio, Caloocan City.  In view of this verification, Rolando Dural was transferred to the Regional Medical Services of the CAPCOM, for security reasons.  While confined thereat, or on 4 February 1988, Rolando Dural was positively identified by eyewitnesses as the gunman who went on top of the hood of the CAPCOM mobile patrol car, and fired at the two (2) CAPCOM soldiers seated inside the car identified as T/Sgt. Carlos Pabon and CIC Renato Manligot.

As a consequence of this positive identification, Rolando Dural was referred to the Caloocan City Fiscal who conducted an inquest and thereafter filed with the Regional Trial Court of Caloocan City an information charging Rolando Dural alias Ronnie Javelon with the crime of "Double Murder with Assault Upon Agents of Persons in Authority." The case was docketed therein as Criminal Case No. C-30112 and no bail was recommended.  On 15 February 1988, the information was amended to include, as defendant, Bernardo Itucal, Jr. who, at the filing of the original information, was still unidentified.

Meanwhile, on 6 February 1988, a petition for habeas corpus was filed with this Court on behalf of Roberto Umil, Rolando Dural, and Renato Villanueva.  The Court issued the writ of habeas corpus on 9 February 1988 and the respondents filed a Return of the Writ on 12 February 1988.  Thereafter, the parties were heard on 15 February 1988.

On 26 February 1988, however, Roberto Umil and Renato Villanueva posted bail before the Regional Trial Court of Pasay City where charges for violation of the Anti-Subver­sion Act had been filed against them, and they were accordingly released.  The petition for habeas corpus, insofar as Umil and Villanueva are concerned, is now moot and academic and is accordingly dismissed, since the writ of habeas corpus does not lie in favor of an accused in a criminal case who has been released on bail.^[2]

As to Rolando Dural, it clearly appears that he was not arrested while in the act of shooting the two (2) CAPCOM soldiers aforementioned.  Nor was he arrested just after the commission of the said offense for his arrest came a day after the said shooting incident.  Seemingly, his arrest without warrant is unjustified.

However, Rolando Dural was arrested for being a member of the New Peoples Army (NPA), an outlawed subversive organi­zation.  Subversion being a continuing offense, the arrest of Rolando Dural without warrant is justified as it can be said that he was committing an offense when arrested.  The crimes of rebellion, subversion, conspiracy or proposal to commit such crimes, and crimes or offenses committed in furtherance thereof or in connection therewith constitute direct assaults against the State and are in the nature of continuing crimes.  As stated by the Court in an earlier case:

"From the facts as above-narrated, the claim of the petitioners that they were initially arrested illegally is, therefore, without basis in law and in fact.  The crimes of insurrection or rebellion, subversion, conspiracy or proposal to commit such crimes, and other crimes and offenses committed in the furtherance, on the occasion thereof, or incident thereto, or in connection therewith under Presidential Proclamation No. 2045, are all in the nature of continuing offenses which set them apart from the common offenses, aside from their essentially involving a massive conspiracy of nationwide magnitude.  Clearly then, the arrest of the herein detainees was well within the bounds of the law and existing jurisprudence in our jurisdiction.

2. The arrest of persons involved in the rebellion whether as its fighting armed elements, or for committing non-violent acts but in furtherance of the rebellion, is more an act of capturing them in the course of an armed conflict, to quell the rebellion, than for the purpose of immediately prosecuting them in court for a statutory offense.  The arrest, therefore, need not follow the usual procedure in the prosecution of offenses which requires the determination by a judge of the existence of probable cause before the issuance of a judicial warrant of arrest and the granting of bail if the offense is bailable.  Obviously, the absence of a judicial warrant is no legal impediment to arresting or capturing persons committing overt acts of violence against government forces, or any other milder acts but equally in pursuance of the rebellious movement.  The arrest or capture is thus impelled by the exigencies of the situation that involves the very survival of society and its government and duly constituted authorities.  If killing and other acts of violence against the rebels find justification in the exigencies of armed hostilities which is of the essence of waging a rebellion or insurrection, most assuredly so in case of invasion, merely seizing their persons and detaining them while any of these contingencies continues cannot be less justified.  x x x"^[3]

The record, moreover, shows that the criminal case filed against Rolando Dural and Bernardo Itucal, Jr. for "Double Murder, etc." was tried in the court below and at the conclusion thereof, or on 17 August 1988, Rolando Dural and Bernardo Itucal, Jr. were found guilty of the charge and sentenced accordingly.  Rolando Dural is now serving the sentence imposed upon him by the trial court.  Thus, the writ of habeas corpus is no longer available to him.  For, as held in the early case of U.S. vs. Wilson:^[4]

"In this case, whatever may be said about the manner of his arrest, the fact remains that the defendant was actually in court in the custody of the law on March 29, when a complaint sufficient in form and substance was read to him.  To this he pleaded not guilty.  The trial followed, in which, and in the judgment of guilty pronounced by the court, we find no error.  Whether, if there were irregularities in bringing him personally before the court, he could have been released on a writ of habeas corpus or now has a civil action for damages against the person who arrested him we need not inquire.  It is enough to say that such irregularities are not sufficient to set aside a valid judgment rendered upon a sufficient complaint and after a trial free from error."

II

In G.R. Nos. 84581-82 (Roque vs. De Villa), the arrest of Amelia Roque and Wilfredo Buenaobra, without warrant, is also justified.  When apprehended at the house of Renato Constantino in Marikina Heights, Marikina, Metro Manila, Wilfredo Buenaobra admitted that he was an NPA courier and he had with him letters to Renato Constantino and other members of the rebel group.  Amelia Roque, upon the other hand, was a member of the National United Front Commission, in charge of finance, and admitted ownership of subversive documents found in the house of her sister in Caloocan City.  She was also in possession of ammunition and a fragmentation grenade for which she had no permit or authority to possess.

The record of these two (2) cases shows that on 27 June 1988, one Rogelio Ramos y Ibanes, a member of the NPA, who had surrendered to the military authorities, told military agents about the operations of the Communist Party of the Philippines (CPP) and the New Peoples Army (NPA) in Metro Manila.  He identified some of his former comrades as "Ka Mong", a staff member of the Communications and Transportation Bureau; "Ka Nelia", a staff member in charge of finance; "Ka Miller", an NPA courier from Sorsogon and Lopez, Quezon; "Ka Ted", and "Ka Totoy".  He also pointed to a certain house occupied by Renato Constantino located in the Villaluz Compound, Molave St., Marikina Heights, Marikina, Metro Manila, which is used as a safehouse of the National United Front Commission (NUFC) of the CPP-NPA.

In view of these revelations, the Constantino house was placed under military surveillance and on 12 August 1988, pursuant to a search warrant issued by Judge Eutropio Migrino of the Regional Trial Court of Pasig, a search of the house was conducted at about 5:00 o'clock in the after­noon, by a combined team of the Criminal Investigation Service, National Capital District (CIS-NCD) and the Constabulary Security Group (CSG).  In the course of the search, the following articles were found and taken under proper receipt:

a)  One (1) Colt M16A1 long rifle with defaced serial number;

b)  One (1) Cal. .380 ACT/9mm Model PPK/8 SN: 260577 & 2605778

c)  Two (2) fragmentation hand grenades;

d)  Fifty-six (56) live ammunition for Cal. 5.56mm;

e)  Five (5) live ammunition for Cal. .380;

f)   One (1) ICOM VHF FM Radio Transciever SN: 14903

g)  One (1) Regulated power supply 220V AC;

h)  One (1) Antennae (adjustable);

i)   One (1) Speaker with cord ALEXAR;

j)   Voluminous Subversive documents.

When confronted, Renato Constantino could not produce any permit or authority to possess the firearms, ammunition, radio and other communications equipment.  Hence, he was brought to the CIS Headquarters for investigation.  When questioned, he refused to give a written statement, although he admitted that he was a staff member of the executive committee of the NUFC and a ranking member of the Interna­tional Department of the Communist Party of the Philippines (CPP).

At about 8:00 o'clock in the evening of the same day (12 August 1988), Wilfredo Buenaobra arrived at the house of Renato Constantino in the Villaluz Compound.  When accosted, he readily admitted to the military agents that he is a regular member of the CPP/NPA and that he went to the place to deliver letters to "Ka Mong", referring to Renato Constantino, and other members of the rebel group.  On further questioning, he also admitted that he is known as "Ka Miller" and that he was from Barangay San Pedro, Lopez, Quezon.  Among the items taken from him were the following:

(1)  Handwritten letter addressed to "Ka Bing & Co. from A & Co." dated August 11, 1988;

(2)  Handwritten letter addressed to "ROD from VIC (Schell datre)" dated August 11, 1988;

(3)  Handwritten letter addressed to "Suzie" from "Vic", dated August 11, 1988.

Also found in Buenaobra's possession was a piece of paper containing a written but jumbled telephone number of Florida M. Roque, sister of Amelia Roque alias "Ka Nelia", at 69 Geronimo St., Caloocan City.  Acting on the lead provided as to the whereabouts of Amelia Roque, the military agents went to the given address the next day (13 August 1988).  They arrived at the place at about 11:00 o'clock in the morning.  After identifying themselves as military agents and after seeking permission to search the place, which was granted, the military agents conducted a search in the presence of the occupants of the house and the barangay captain of the place, one Jesus De Olba.

The military agents found the place to be another safehouse of the NUFC/CPP.  They found ledgers, journals, vouchers, bank deposit books, folders, computer diskettes, and subversive documents as well as live ammunition for a .38 SPL Winchester, 11 rounds of live ammunition for a cal. .45, 19 rounds of live ammunition for an M16 Rifle, and a fragmentation grenade.  As a result, Amelia Roque and the other occupants of the house were brought to the PC-CIS Head­quarters at Camp Crame, Quezon City, for investigation.  Amelia Roque admitted to the investigators that the voluminous documents belonged to her and that the other occupants of the house had no knowledge of them.  As a result, the said other occupants of the house were released from custody.

On 15 August 1988, Amelia Roque was brought to the Caloocan City Fiscal for inquest after which an information charging her with violation of PD 1866 was filed with the Regional Trial Court of Caloocan City.  The case is docketed therein as Criminal Case No. C-1196.  Another information for violation of the Anti-Subversion Act was filed against Amelia Roque before the Metropolitan Trial Court of Caloocan City, which is docketed therein as Criminal Case No. C-150458.

An information for violation of the Anti-Subversion Act was filed against Wilfredo Buenaobra before the Metropolitan Trial Court of Marikina, Metro Manila.  The case is docketed therein as Criminal Case No. 23715.  Bail was set at P4,000.00.

On 24 August 1988, a petition for habeas corpus was filed before this Court on behalf of Amelia Roque and Wilfredo Buenaobra.  At the hearing of the case, however, Wilfredo Buenaobra manifested his desire to stay in the PC-INP Stockade at Camp Crame, Quezon City.  Accordingly, the petition for habeas corpus filed on his behalf is now moot and academic.  Only the petition of Amelia Roque remains for resolution.

The contention of respondents that petitioners Roque and Buenaobra are officers and/or members of the National United Front Commission (NUFC) of the CPP was not controverted or traversed by said petitioners.  The contention must be deemed admitted.^[5] As officers and/or members of the NUFC­-CPP, their arrest, without warrant, was justified for the same reasons earlier stated vis-a-vis Rolando Dural.  The arrest without warrant of Roque was additionally justified as she was, at the time of apprehension, in possession of ammunitions without license to possess them.

III

In G.R. Nos. 84583-84 (Anonuevo vs. Ramos), the arrest of Domingo Anonuevo and Ramon Casiple, without warrant, is also justified under the rules.  Both are admittedly members of the standing committee of the NUFC and, when apprehended in the house of Renato Constantino, they had a bag contain­ing subversive materials, and both carried firearms and ammunition for which they had no license to possess or carry.

The record of these two (2) cases shows that at about 7:30 o'clock in the evening of 13 August 1988, Domingo T. Anonuevo and Ramon Casiple arrived at the house of Renato Constantino at Marikina Heights, Marikina, which was still under surveillance by military agents.  The military agents noticed bulging objects on their waist lines.  When frisked, the agents found them to be loaded guns.  Anonuevo and Casiple were asked to show their permit or license to possess or carry firearms and ammunition, but they could not produce any.  Hence, they were brought to PC Headquarters for investigation.  Found in their possession were the following articles:

a)  Voluminous subversive documents

b)  One (1) Cal. 7.65 MOD 83 2C Pistol SN:  001412 with one (1) magazine for Cal. 7.65 containing ten (10) live ammunition of same caliber;

c)  One (1) Cal. 7.65 Pietro Barreta SN:  A18868 last digit tampered with one (1) magazine containing five (5) live ammunition of same caliber.

At the PC Stockade, Domingo Anonuevo was identified as "Ka Ted", and Ramon Casiple as "Ka Totoy" of the CPP, by their comrades who had previously surrendered to the military.

On 15 August 1988, the record of the investigation and other documentary evidence were forwarded to the Provincial Fiscal at Pasig, Metro Manila, who conducted an inquest, after which Domingo Anonuevo and Ramon Casiple were charged with violation of Presidential Decree No. 1866 before the Regional Trial Court of Pasig, Metro Manila.  The cases are docketed therein as Criminal Cases Nos. 74386 and 74387, respectively.  No bail was recommended.

On 24 August 1988, a petition for habeas corpus was filed with this Court on behalf of Domingo Anonuevo and Ramon Casiple, alleging that the said Anonuevo and Casiple were unlawfully arrested without a warrant and that the informations filed against them are null and void for having been filed without prior hearing and preliminary investi­gation.  On 30 August 1988, the Court issued the writ of habeas corpus, and after the respondents had filed a Return of the Writ, the parties were heard.

The petitioners' (Anonuevo and Casiple) claim that they were unlawfully arrested because there was no previous warrant of arrest, is without merit.  The record shows that Domingo Anonuevo and Ramon Casiple were carrying unlicensed firearms and ammunition in their person when they were apprehended.

There is also no merit in the contention that the informations filed against them are null and void for want of a preliminary investigation.  The filing of an information, without a preliminary investigation having been first conducted, is sanctioned by the Rules.  Sec. 7, Rule 112 of the Rules of Court, as amended, reads:

"Sec. 7.  When accused lawfully arrested without a warrant.  - When a person is lawfully arrested without a warrant for an offense cognizable by the Regional Trial Court the complaint or information may be filed by the offended party, peace officer or fiscal without a preliminary investigation having been first conducted, on the basis of the affidavit of the offended party or arresting officer or person.

However, before the filing of such complaint or information, the person arrested may ask for a preliminary investigation by a proper officer in accordance with this Rule, but he must sign a waiver of the provisions of Article 125 of the Revised Penal Code, as amended, with the assistance of a lawyer and in case of non-availability of a lawyer, a responsible person of his choice.  Notwithstanding such waiver, he may apply for bail as provided in the corresponding rule and the investigation must be terminated within fifteen (15) days from its inception.

If the case has been filed in court without a preliminary investigation having been first conducted, the accused may within five (5) days from the time he learns of the filing of the information, ask for a preliminary investigation with the same right to adduce evidence in his favor in the manner prescribed in this Rule."

The petitioners Domingo Anonuevo and Ramon Casiple, however, refused to sign a waiver of the provisions of Article 125 of the Revised Penal Code, as amended.  In the informations filed against them, the prosecutor made identical certifications, as follows:

"This is to certify that the accused has been charged in accordance with Sec. 7, Rule 112 of the 1985 Rules on Criminal Procedure, that no preliminary investigation was conducted because the accused has not made and signed a waiver of the provisions of Art. 125 of the Revised Penal Code, as amended; that based on the evidence presented, there is reasonable ground to believe that the crime has been committed, and that the accused is probably guilty thereof."

Nor did petitioners ask for a preliminary investigation after the informations had been filed against them in court.  Petitioners cannot now claim that they have been deprived of their constitutional right to due process.

IV

In G.R. No. 83162 (Ocaya vs. Aguirre), the arrest without warrant, of Vicky Ocaya is justified under the Rules, since she had with her unlicensed ammunition when she was arrested.  The record of this case shows that on 12 May 1988, agents of the PC Intelligence and Investigation of the Rizal PC-INP Command, armed with a search warrant issued by Judge Eutropio Migrino of the Regional Trial Court of Pasig, Metro Manila, conducted a search of a house located at Block 19, Phase II, Marikina Green Heights, Marikina, Metro Manila, believed to be occupied by Benito Tiamson, head of the CPP-NPA.  In the course of the search, Vicky Ocaya arrived in a car driven by Danny Rivera.  Subversive documents and several rounds of ammunition for a .45 cal. pistol were found in the car of Vicky Ocaya.  As a result, Vicky Ocaya and Danny Rivera were brought to the PC Headquarters for investigation.  When Vicky Ocaya could not produce any permit or authorization to possess the ammunition, an information charging her with violation of PD 1866 was filed with the Regional Trial Court of Pasig, Metro Manila.  The case is docketed therein as Criminal Case No. 73447.  Danny Rivera, on the other hand, was released from custody.

On 17 May 1988, a petition for habeas corpus was filed, with this Court on behalf of Vicky Ocaya and Danny Rivera.  It was alleged therein that Vicky Ocaya was illegally arrested and detained, and denied the right to a preliminary investigation.

It would appear, however, that Vicky Ocaya was arrested in flagranti delicto so that her arrest without a warrant is justified.  No preliminary investigation was conducted because she was arrested without a warrant and she refused to waive the provisions of Article 125 of the Revised Penal Code, pursuant to Sec. 7, Rule 112 of the Rules of Court, as amended.

V

The petitioners Vicky Ocaya, Domingo Anonuevo, Ramon Casiple, and Amelia Roque claim that the firearms, ammu­nition and subversive documents alleged to have been found in their possession when they were arrested, did not belong to them, but were "planted" by the military agents to justify their illegal arrest.

The petitioners, however, have not introduced any evidence to support their aforesaid claim.  On the other hand, no evil motive or ill-will on the part of the arresting officers that would cause the said arresting officers in these cases to accuse the petitioners falsely, has been shown.  Besides, the arresting officers in these cases do not appear to be seekers of glory and bounty hunters for, as counsel for the petitioners Anonuevo and Casiple say, "there is absolutely nothing in the evidence submitted during the inquest that petitioners are on the 'AFP Order of Battle with a reward of P150,000.00 each on their heads.' "^[6] On the other hand, as pointed out by the Solicitor General, the arrest of the petitioners is not a product of a witch hunt or a fishing expedition, but the result of an in-depth surveillance of NPA safehouses pointed to by no less than former comrades of the petitioners in the rebel movement.

The Solicitor General, in his Consolidated Memorandum, aptly observes:

"x x x.  To reiterate, the focal point in the case of petitioners Roque, Buenaobra, Anonuevo and Casiple, was the lawful search and seizure con­ducted by the military at the residence of Renato Constantino at Villaluz Compound, Molave St., Mari­kina Heights, Marikina, Metro Manila.  The raid at Constantino's residence, was not a witch hunting or fishing expedition on the part of the military.  It was a result of an in-depth military surveillance coupled with the leads provided by former members of the underground subversive organizations.  That raid produced positive results.  To date, nobody has disputed the fact that the residence of Constantino when raided yielded communication equipment, firearms and ammunitions, as well as subversive documents.

The military agents working on the information provided by Constantino that other members of his group were coming to his place, reasonably conducted a 'stake-out' operation whereby some members of the raiding team were left behind the place.  True enough, barely two hours after the raid and Constantino's arrest, petitioner Buenaobra arrived at Constantino's residence.  He acted suspiciously and when frisked and searched by the military authorities, found in his person were letters.  They are no ordinary letters, as even a cursory reading would show.  Not only that, Buenaobra admitted that he is a NPA courier and was there to deliver the letters to Constantino.

Subsequently, less than twenty four hours after the arrest of Constantino and Buenaobra, petitioners Anonuevo and Casiple arrived at Constantino's place.  Would it be unreasonable for the military agents to believe that petitioners Anonuevo and Casiple are among those expected to visit Constantino's residence considering that Constantino's information was true, in that Buena­obra did come to that place?  Was it unreasonable under the circumstances, on the part of the military agents, not to frisk and search anyone who should visit the residence of Constantino, such as petitioners Anonuevo and Casiple?  Must this Honorable Court yield to Anonuevo and Casiple's flimsy and bare assertion that they went to visit Constantino, who was to leave for Saudi Arabia on the day they were arrested thereat?

As to petitioner Roque, was it unreasonable for the military authorities to effect her arrest without warrant considering that it was Buenobra who provided the leads on her identity?  It cannot be denied that Buenaobra had connection with Roque.  Because the former has the phone number of the latter.  Why the necessity of jumbling Roque's telephone number as written on a piece of paper taken from Buenaobra's possession?  Petitioners Roque and Buenaobra have not offered any plausible reason so far.

In all the above incidents, respondents maintain that they acted reasonably, under the time, place and circumstances of the events in question, especially considering that at the time of petitioners' arrest, incriminatory evidence, i.e., firearms, ammunitions and/or subversive documents were found in their possession.

Petitioners, when arrested, were neither taking their snacks nor innocently visiting a camp, but were arrested in such time, place and circums­tances, from which one can reasonably conclude that they were up to a sinister plot, involving utmost secrecy and comprehensive conspiracy."

VI

In G.R. No. 85727 (Espiritu vs. Lim), the release on habeas corpus of the petitioner Deogracias Espiritu, who is detained by virtue of an Information for Violation of Article 142 of the Revised Penal Code (Inciting to Sedition) filed with the Regional Trial Court of Manila, is similarly not warranted.

The record of the case shows that the said petitioner is the General Secretary of the Pinagkaisahang Samahan ng Tsuper at Operators Nationwide (PISTON), an association of drivers and operators of public service vehicles in the Philippines, organized for their mutual aid and protection.

Petitioner claims that at about 5:00 o'clock in the morning of 23 November 1988, while he was sleeping in his home located at 363 Valencia St., Sta. Mesa, Manila, he was awakened by his sister Maria Paz Lalic who told him that a group of persons wanted to hire his jeepney.  When he went down to talk to them, he was immediately put under arrest.  When he asked for the warrant of arrest, the men, headed by Col. Ricardo Reyes, bodily lifted him and placed him in their owner-type jeepney.  He demanded that his sister, Maria Paz Lalic, be allowed to accompany him, but the men did not accede to his request and hurriedly sped away.

He was brought to Police Station No. 8 of the Western Police District at Blumentritt, Manila where he was interrogated and detained.  Then, at about 9:00 o'clock of the same morning, he was brought before the respondent Lim and, there and then, the said respondent ordered his arrest and detention.  He was thereafter brought to the General Assignment Section, Investigation Division of the Western Police District under Police Capt. Cresenciano A. Cabasal where he was detained, restrained and deprived of his liberty.^[7]

The respondents claim however, that the detention of the petitioner is justified in view of the Information filed against him before the Regional Trial Court of Manila, docketed therein as Criminal Case No. 88-683-85, charging him with violation of Art. 142 of the Revised Penal Code (Inciting to Sedition).

The respondents also claim that the petitioner was lawfully arrested without a judicial warrant of arrest since petitioner when arrested had in fact just committed an offense in that in the afternoon of 22 November 1988, during a press conference at the National Press Club,

"Deogracias Espiritu through tri-media was heard urguing all drivers and operators to go on nationwide strike on November 23, 1988, to force the government to give in to their demands to lower the prices of spare parts, commodities, water and the immediate release from detention of the president of the PISTON (Pinag-isang Samahan ng Tsuper Operators Nationwide).  Further, we heard Deogracias Espiritu taking the place of PISTON president Medardo Roda and also announced the formation of the Alliance Drivers Association to go on nationwide strike on November 23, 1988."^[8]

Policemen waited for petitioner outside the National Press Club in order to investigate him, but he gave the lawmen the slip.^[9] He was next seen at about 5:00 o'clock that afternoon at a gathering of drivers and symphatizers at the corner of Magsaysay Blvd. and Valencia Street, Sta. Mesa, Manila where he was heard to say:

"Bukas tuloy ang welga natin, sumagot na ang Cebu at Bicol na kasali sila, at hindi tayo titigil hanggang hindi binibigay ng gobyerno ni Cory ang gusto nating pagbaba ng halaga ng spare parts, bilihin at ang pagpapalaya sa ating pinuno na si Ka Roda hanggang sa magkagulo na."^[10] (emphasis supplied)

The police finally caught up with the petitioner on 23 November 1988.  He was invited for questioning and brought to police headquarters after which an Information for violation of Art. 142 of the Revised Penal Code was filed against him before the Regional Trial Court of Manila.^[11]

Since the arrest of the petitioner without a warrant was in accordance with the provisions of Rule 113, Sec. 5(b) of the Rules of Court and that the petitioner is detained by virtue of a valid information filed with the competent court, he may not be released on habeas corpus.  He may, how­ever be released upon posting bail as recommended.  However, we find the amount of the recommended bail (P60,000.00) excessive and we reduce it to P10,000.00 only.

VII

In G.R. No. 86332 (Nazareno vs. Station Commander), we also find no merit in the submission of Narciso Nazareno that he was illegally arrested and is unlawfully detained.  The record of this case shows that at about 8:30 o'clock in the morning of 14 December 1988, one Romulo Bunye II was killed by a group of men near the corner of T. Molina and Mendiola Streets in Alabang, Muntinglupa, Metro Manila.  One of the suspects in the killing was Ramil Regala who was arrested by the police on 28 December 1988.  Upon questioning, Regala pointed to Narciso Nazareno as one of his companions in the killing of the said Romulo Bunye II.  In view thereof, the police officers, without warrant, picked up Narciso Nazareno and brought him to the police head­quarters for questioning.  Obviously, the evidence of petitioner's guilt is strong because on 3 January 1989, an information charging Narciso Nazareno, Ramil Regala, and two (2) others, with the killing of Romulo Bunye II was filed with the Regional Trial Court of Makati, Metro Manila.  The case is docketed therein as Criminal Case No. 731.

On 7 January 1989, Narciso Nazareno filed a motion to post bail, but the motion was denied by the trial court in an order dated 10 January 1989, even as the motion to post bail, earlier filed by his co-accused, Manuel Laureaga, was granted by the same trial court.

On 13 January 1989, a petition for habeas corpus was filed with this Court on behalf of Narciso Nazareno and on 13 January 1989, the Court issued the writ of habeas corpus, returnable to the Presiding Judge of the Regional Trial Court of Binan, Laguna, Branch 24, ordering said court to hear the case on 30 January 1989 and thereafter resolve the petition.

At the conclusion of the hearing, or on 1 February 1989, the Presiding Judge of the Regional Trial Court of Binan, Laguna issued a resolution denying the petition for habeas corpus, it appearing that the said Narciso Nazareno is in the custody of the respondents by reason of an infor­mation filed against him with the Regional Trial Court of Makati, Metro Manila which had taken cognizance of said case and had, in fact, denied the motion for bail filed by said Narciso Nazareno (presumably because of the strength of the evidence against him).

The findings of the Presiding Judge of the Regional Trial Court of Binan, Laguna are based upon the facts and the law.  Consequently, we will not disturb the same.  Evidently, the arrest of Nazareno was effected by the police without warrant pursuant to Sec. 5 (b), Rule 113, Rules of Court after he was positively implicated by his co-accused Ramil Regala in the killing of Romulo Bunye II; and after investigation by the police authorities.  As held in People vs. Ancheta:^[12]

"The obligation of an agent of authority to make an arrest by reason of a crime, does not presuppose as a necessary requisite for the fulfillment thereof, the indubitable existence of a crime.  For the detention to be perfectly legal, it is sufficient that the agent or person in authority making the arrest has reasonably sufficient grounds to believe the existence of an act having the characteristics of a crime and that the same grounds exist to believe that the person sought to be detained participated therein."

VIII

It is to be noted that, in all the petitions here considered, criminal charges have been filed in the proper courts against the petitioners.  The rule is, that if a person alleged to be restrained of his liberty is in the custody of an officer under process issued by a court or judge, and that the court or judge had jurisdiction to issue the process or make the order, or if such person is charged before any court, the writ of habeas corpus will not be allowed.  Section 4, Rule 102, Rules of Court, as amended is quite explicit in providing that:

"Sec. 4.  When writ is not allowed or discharge authorized.  - If it appears that the person alleged to be restrained of his liberty is in the custody of an officer under process issued by a court or judge or by virtue of a judgment or order of a court of record, and that the court or judge had jurisdiction to issue the process, render the judgment, or make the order, the writ shall not be allowed; or if the jurisdiction appears after the writ is allowed, the person shall not be discharged by reason of any informality or defect in the process, judgment, or order.  Nor shall anything in this rule be held to authorize the discharge of a person charged with or convicted of an offense in the Philippines or of a person suffering imprisonment under lawful judgment." (emphasis supplied)

At this point, we refer to petitioners' plea for the Court to re-examine and, thereafter, abandon its pronounce­ment in Ilagan vs. Enrile,^[13] that a writ of habeas corpus is no longer available after an information is filed against the person detained and a warrant of arrest or an order of commitment is issued by the court where said information has been filed.^[14] The petitioners claim that the said ruling, which was handed down during the past dictatorial regime to enforce and strengthen said regime, has no place under the present democratic dispensation and collides with the basic, fundamental, and constitutional rights of the people.  Petitioners point out that the said doctrine makes possible the arrest and detention of innocent persons despite lack of evidence against them, and, most often, it is only after a petition for habeas corpus is filed before the court that the military authorities file the criminal information in the courts of law to be able to hide behind the protective mantle of the said doctrine.  This, petitioners assert, stands as an obstacle to the freedom and liberty of the people and permits lawless and arbitrary State action.

We find, however, no compelling reason to abandon the said doctrine.  It is based upon express provision of the Rules of Court and the exigencies served by the law.  The fears expressed by the petitioners are not really unremediable.  As the Court sees it, re-examination or re­appraisal, with a view to its abandonment, of the Ilagan case doctrine is not the answer.  The answer and the better practice would be, not to limit the function of habeas corpus to a mere inquiry as to whether or not the court which issued the process, judgment or order of commitment or before whom the detained person is charged, had jurisdiction or not to issue the process, judgment or order or to take cognizance of the case, but rather, as the Court itself states in Morales, Jr. vs. Enrile,^[15] "in all petitions for habeas corpus the court must inquire into every phase and aspect of petitioner's detention - from the moment petitioner was taken into custody up to the moment the court passes upon the merits of the petition;" and "only after such a scrutiny can the court satisfy itself that the due process clause of our Constitution has in fact been satisfied." This is exactly what the Court has done in the petitions at bar.  This is what should henceforth be done in all future cases of habeas corpus.  In short, all cases involving deprivation of individual liberty should be promptly brought to the courts for their immediate scrutiny and disposition.

WHEREFORE, the petitions are hereby DISMISSED, except that in G.R. No. 85727 (Espiritu vs. Lim), the bail bond for petitioner's provisional liberty is hereby ordered reduced from P60,000.00 to P10,000.00.  No costs.

SO ORDERED.

Fernan, C.J., Narvasa, Melencio-Herrera, Gutierrez, Jr., Paras, Gancayco, Padilla, Bidin, Griño-Aquino, Medialdea, and Regalado, JJ., concur.
Cruz, J., See separate opinion.
Feliciano, J., See separate concurring statement.
Sarmiento, J., I dissent. See dissenting opinion.
Cortes, J., I join Mr. Justice Feliciano in his separate concurring statement.

---

^[1] 63 Phil. 221

^[2] Zacarias vs. Cruz, G.R. No. L-25899, November 29, 1969, 30 SCRA 728

^[3] Garcia-Padilla vs. Enrile, G.R. No. 61388, April 20, 1983, 121 SCRA 472, 488-489

^[4] 4 Phil. 317, 325

^[5] Lorenzo vs. Mc Coy, 15 Phil. 559

^[6] Rollo of G.R. Nos. 84583-84, p. 105

^[7] Petition, Nos. 4 to 8, inclusive

^[8] Return of Writ

^[9] Exhibit 2

^[10] Exhibit 1

^[11] Exhibit 4

^[12] 68 Phil. 415

^[13] G.R. No. 70748, Oct. 21, 1985, 139 SCRA 349

^[14] Actually, the requirement in the Ilagan case doctrine that a warrant of arrest or order of commitment should be issued even after the information has been filed against the detained person, would seem superfluous.  As aptly stated in the early case of U.S. vs. Wilson, 4 Phil. 381, "where a person who has been legally arrested without a warrant was actually before a court, that court had a right to proceed against him without in the first place issuing a warrant for his detention."

^[15] G.R. Nos. 61016 and 61107, April 26, 1983, 121 SCRA 538, 563

---

Normal Clean 6 pt 6 pt 0 3 MicrosoftInternetExplorer4 style-->

---

Normal Clean Clean 6 pt 6 pt 0 3 MicrosoftInternetExplorer4 style-->