People v Tirso Acol (1994, GR Nos. 106288-89)

 

People v Tirso Acol

G.R. Nos. 106288-89, May 17, 1994

 

Facts:

            Pio Boses and Tirso Acol were apprehended after they allegedly staged a hold-up inside a jeep in September 1990, but they were charged for possession of two unlicensed firearms and bullets. 

 

            After the hold-up, the passengers of the jeep went to report the incident to the police, who searched Fort Bonifacio, saw four men, two of whom were Boses and Acol. They found guns in their possession and a jacket owned by one of the victims. They were apprehended but Acol escaped during trial. 

 

Issue: W/N the arrest was valid despite the lack of warrant of arrest. 

 

Held: The arrest is a valid warrantless arrest under Section 5(b) of Rule 113.

 

Inasmuch as the police team was formed and dispatched to look for the persons responsible for the crime on account of the information relayed by the victims.

 

Since Acol's arrest was lawful, it follows that the search made incidental thereto was valid. Moreover, the unlicensed firearms were found when the police team apprehended the accused for the robbery and not for illegal possession of firearms and ammunition.