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Warrantless Arrest Validity in Samonte Case

1) Isaac Samonte was charged with criminal attempt against authorities after quarreling in the streets and striking a policeman with a knife who attempted to arrest him. 2) The issue was whether Samonte's warrantless arrest was valid. 3) The Supreme Court held that the arrest was valid because any officer charged with preserving public peace may arrest without a warrant anyone committing or having committed a breach of peace in the officer's presence, which included offenses the officer sees or hears disturbances of and proceeds to the scene.

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123 views1 page

Warrantless Arrest Validity in Samonte Case

1) Isaac Samonte was charged with criminal attempt against authorities after quarreling in the streets and striking a policeman with a knife who attempted to arrest him. 2) The issue was whether Samonte's warrantless arrest was valid. 3) The Supreme Court held that the arrest was valid because any officer charged with preserving public peace may arrest without a warrant anyone committing or having committed a breach of peace in the officer's presence, which included offenses the officer sees or hears disturbances of and proceeds to the scene.

Uploaded by

jobelle barcellano
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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US VS.

SAMONTE, 16 PHIL 515


Topic: Arbitrary Detention- Legal grounds for a public officer to detain a person

Facts: Isaac Samonte was charged with criminal attempt against an agent of the authorities in
the Province of Tayabas, and appealed to the Supreme Court. At about 8 o'clock pm, Samonte
and Basilio Rabe were together in the house of Barrio Councilman Demetrio Pandenio and met in
the streets afterwards, where they quarreled. Rabe shouted for the police while being
maltreated by Samonte. Then, a policeman came as Rabe was getting up and attempted to
arrest Samonte, but was unable to when Samonte struck him with a knife. Because of this, the
policemen went to Councilman Pandenio. Together with and upon Pandenio's order, the policeman
again attempted to arrest Samonte, but Samonte struck them both with a knife.

Issue: Is the warrantless arrest valid?

Held: Yes. Any officer in charged with the preservation of the public peace may arrest, without
a warrant, any person who is committing, or has committed, a breach of the peace in his
presence. An offense is committed in the presence or within the view of an officer, within the
meaning of the rule authorizing an arrest without a warrant, when the officer sees the offense,
although at a distance, or hears the disturbances created thereby and proceeds at once to the
scene thereof; of the offense is continuing, or has not been consummated, at the time the
arrest is made.

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