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In G.R. No.

85727, Espiritu was arrested without warrant, on Regala, one of the suspects in the said killing, was arrested and
the basis of the attestation of certain witnesses: Espiritu spoke he pointed to Narciso Nazareno as one of his companions; that
at a gathering of drivers and sympathizers, where he said, at 7:20 of the same morning (28 December 1988), the police
among other things: agents arrested Nazareno, without warrant, for investigation.

Bukas tuloy ang welga natin . . . hanggang sa magkagulona. Although the killing of Bunye II occurred on 14 December 1988,
while Nazareno's arrest without warrant was made only on 28
The police authorities were present during the press December 1988, or 14 days later, the arrest fans under Section
conference held at the National Press Club (NPC) on 22 5(b) of Rule 113, since it was only on 28 December 1988 that
November 1988 where Espiritu called for a nationwide strike the police authorities came to know that Nazareno was
(of jeepney and bus drivers). Espiritu was arrested without probably one of those guilty in the killing of Bunye II and the
warrant, not for subversion or any "continuing offense," but for arrest had to be made promptly, even without warrant, (after
uttering the above-quoted language which, in the perception the police were alerted) and despite the lapse of fourteen (14)
of the arresting officers, was inciting to sedition. days to prevent possible flight.

Many persons may differ as to the validity of such perception


and regard the language as falling within free speech DOCTRINE:
guaranteed by the Constitution. But, then, Espiritu had not lost
the right to insist, during the pre-trial or trial on the merits, SC held that mere suspicion of being a Communist Party
that he was just exercising his right to free speech regardless member or a subversive is absolutely not a ground for the
of the charged atmosphere in which it was uttered. In the arrest without warrant of the suspect. The Court predicated the
balancing of authority and freedom, which obviously becomes validity of the questioned arrests without warrant on
difficult at times, the Court has, in this case, tilted the scale in compliance with the conditions set forth in Section 5, Rule 113,
favor of authority but only for purposes of the arrest (not Rules of Court and which, for stress, are:
conviction). 1. probable cause;
2. good faith of the arresting peace officers;
3. the actual facts and circumstances supporting the
In G.R. No. 86332 (Nazareno), the records show that in the arrests.
morning of 14 December 1988, Romulo Bunye II was killed by a
group of men in Alabang, Muntinlupa, Metro Manila; that at
about 5:00 o'clock in the morning of 28 December 1988, Ramil

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