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29 April 2019
Dear Sir/Ma’am:
a. Hot pursuit;
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b. When an offense had just been committed and there is probable
cause to believe, based on his personal knowledge of facts or of
other circumstances, that the person to be arrested had committed
the offense; and
In Posadas vs Ombudsman, G.R. No. 131492, September 29, 2000, the Supreme
Court ruled that,
“When the attempted arrest does not fall under any of the cases
provided in Rule 113, Section 5, Rules of Criminal Procedure (for
warrantless arrests), the NBI agents could not, regardless of their
suspicion, authorize the arrest of the students without a warrant, or
even effect the arrest themselves, because only the courts could decide
the question of probable cause.”
Thus, considering that the instant case does not fall in the instances to
warrant a valid warrantless arrest, the respondent, Reynaldo Flores
Balarao, should be released immediately.
Respectfully Submitted.
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