Republic of the Philippines

PUBLIC ATTORNEY’S OFFICE

Sarangani District Office
Hall of Justice Bldg., Capitol Compound
Alabel, Sarangani Province
Email address: paosarangani@gmail.com

29 April 2019

NPS Doc. No. ______________________________

RE: INQUEST FOR : VIOLATION OF R.A. 10883 aka New Anti-

Carnapping Law of the Philippines

Name of Respondents : REYNALDO FLORES BALARAO

To: THE HONORABLE PROSECUTOR

Office of the Provincial Prosecutor
Sarangani Province

REQUEST FOR IMMEDIATE RELEASE

Dear Sir/Ma’am:

It can be gleaned in the Sinumpaang Salaysay of the complainant, Elias

Medina Mayonggue, Jr. and to the Investigation Data Form that the alleged
crime was committed four (4) months ago or December 23, 2018 and
December 07, 2018. Thus, a warrant of arrest should have been filed
considering the lapse of time.

Moreover, warrant of arrest could be dispensed of if the instances for a

valid warrantless arrest are present, to wit;

a. Hot pursuit;
b. When an offense had just been committed and there is probable
cause to believe, based on his personal knowledge of facts or of

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 other circumstances, that the person to be arrested had committed
the offense; 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.
(Rule 113, Section 5, Rules of Criminal Procedure)

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.

BAI ALEFHA HANNAH M. MUSA-ABUBACAR

Public Attorney I
Public Attorney’s Office
Sarangani Province

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