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Rule 113: Guerrero's Warrantless Arrest?

The Supreme Court ruled that the accused, Devincio Guerrero, could not object to the irregularity of his warrantless arrest. While Guerrero's arrest was initially irregular, he waived any objection to the defect by participating fully in his trial and failing to raise the issue before his arraignment. By actively participating in his trial without objection, Guerrero submitted to the jurisdiction of the trial court and could not later challenge the legality of his arrest.

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69 views1 page

Rule 113: Guerrero's Warrantless Arrest?

The Supreme Court ruled that the accused, Devincio Guerrero, could not object to the irregularity of his warrantless arrest. While Guerrero's arrest was initially irregular, he waived any objection to the defect by participating fully in his trial and failing to raise the issue before his arraignment. By actively participating in his trial without objection, Guerrero submitted to the jurisdiction of the trial court and could not later challenge the legality of his arrest.

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analyn
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Rule 113

PEOPLE OF THE PHILIPPINES,
 vs.
 VICENTE LUGNASIN and DEVINCIO


GUERRERO. G.R. No. 208404, February 24, 2016.

Issue: Whether or not there is an illegality of Accused-appellant Devincio


Guerrero’s warrantless arrest?

Ruling:

At the outset, it is apparent that petitioner raised no objection to the irregularity of


his arrest before his arraignment. Considering this and his active participation in
the trial of the case, jurisprudence dictates that petitioner is deemed to have
submitted to the jurisdiction of the trial court, thereby curing any defect in his
arrest. An accused is estopped from assailing any irregularity of his arrest if he
fails to raise this issue or to move for the quashal of the information against him
on this ground before arraignment. Any objection involving a warrant of arrest or
the procedure by which the court acquired jurisdiction over the person of the
accused must be made before he enters his plea; otherwise, the objection is
deemed waived.

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