U.S. vs. Samonte

The Government (P) vs. Accused (D)
GR 5649, September 6, 1910 (16 Phil. 516)	[T]

Summary: A policeman responded to a call for help and attempted to arrest the assailant in an ongoing quarrel. He did so without a warrant of arrest.

Rule of Law: 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.

Facts: Isaac Samonte (D) 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 (D) 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 (D). Then, a policeman came as Rabe was getting up and attempted to arrest Samonte (D), but was unable to when Samonte (D) 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 (D), but Samonte (D) struck them both with a knife.

Issues: Is the warrantless arrest valid?

Ruling: 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.