Tuesday, July 16, 2019

in flagrante delicto arrest

An in flagrante delicto arrest requires the concurrence of two (2) elements:
 (a) the person arrested must execute an overt act indicating that he or she has just committed, is actually committing, or is attempting to commit a crime; and 
(b) the overt act was done in the presence or within the view of the arresting officer. 

Meanwhile, for a hot pursuit arrest, there must be an offense that was just committed, and the arresting officer had personal knowledge of facts indicating that the accused committed it.

THIRD DIVISION

[ G.R. No. 233777, March 20, 2019 ]


MARVIN PORTERIA Y MANEBALI, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

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IN THE MATTER OF THE ALLEGATIONS CONTAINED IN THE COLUMNS OF MR. AMADO P. MACASAET PUBLISHED IN MALAYA DATED SEPTEMBER 18, 19, 20 AND 21, 2007. D E C I S I O N

  Republic of the Philippines SUPREME COURT Manila EN BANC A.M. No. 07-09-13-SC             August 8, 2008 IN THE MATTER OF THE ALLEGATIONS ...