the gathering of facts or circumstances should be made immediately after the

The gathering of facts or circumstances should be

This preview shows page 61 - 63 out of 91 pages.

the gathering of facts or circumstances should be made immediately after the commission of the crime in order to comply with the element of immediacy. The arresting officer’s determination of probable cause under Section 5(b), Rule 113 of the Revised Rules of Criminal Procedure is based on his pe rsonal knowledge of facts or circumstances that the p e rs on sou g ht to be arrested has committed the crim e. These facts or circumstances pertain to actual facts or raw evidence, i.e., supported by circumstances sufficiently strong in themselves to create the probable cause of guilt of the person to be arrested. A reasonable suspicion therefore must be founded on probable cause, coupled with good faith on the part of the peace officers making the arrest. The probable cause to justify warrantless arrest ordinarily signifies a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man to believe that the person accused is guilty of the
Image of page 61
offense with which he is charged, or an actual belief or reasonable ground of suspicion, based on actual facts (Joey M. Pestilos v . Moreno Gener oso, G.R. No. 182601, November 10, 2014). XVII The information against Roger Alindogan for the crime of acts of lasciviousness under Article 336 of the Revised Penal Code avers: “That on or about 10:30 o’clock in the evening of February 1, 2010 at Barangay Matalaba; Imus, Cavite and within the jurisdiction of this Honorable Court, the above-named accused, with lewd and unchaste design, through force and intimidation, did then and there, willfully, unlawfully and feloniously commit sexual abuse on his daughter, Rose Domingo, a minor of 11 years old, either by raping her or committing acts of lasciviousness on her, against her will and consent to her damage and prejudice. ACTS CONTRARY TO LAW .” The accused wants to have the case dismissed because he believes that the charge is confusing and the information is defective. What ground or grounds can be raise in moving for the quashal of the information? (Explain. (5%) SUGGESTED ANSWER The accused may move to quash the information based on any of the following grounds: (a) That the facts charged do not constitute an offense; (b) That it does not conform substantially to the prescribed form; and ( c) That more than one offense is charged except when a single punishment for various offenses is prescribed by law (Section 3 Rule 117, Rules of Criminal Procedure). In P eople v . dela Cruz (G.R. Nos. 135554-56, June 21, 2002, 383 SCRA 410); the Supreme Court ruled that the phrase “ either by raping he r or com m itting acts of lasciviousness ” does not constitute an offense since it does not cite which among the numerous sections or subsections of R.A. No. 7610 has been violated by accused-appellant. Moreover, it does not state the acts and omissions constituting the offense, or any special or aggravating circumstances attending the same, as required under the rules of criminal procedure. These are conclusions of law, and not facts. Thus, the information violated accused’s constitutional right to be informed of the nature
Image of page 62
Image of page 63

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture