G.R. No. L-23048. July 31, 1964
JESUS LAVA, PETITIONER, VS. LT. COL. OSCAR C. GONZALES, CHIEF INTELLIGENCE OFFICER OF THE PHILIPPINE CONSTABULARY, RESPONDENT.
PAREDES, J.:
Injunction prayed for should be, as it is hereby DENIED. Without Costs.
The Warrant of Arrest issued by the Manila Court of First Instance
in Criminal Case No. 19166 is Valid and Effective. The offense
described in said Warrant of Arrest was “Rebellion Complex”, but the
information was amended and the petitioner can still be held guilty for
simple rebellion (People vs. Gceonimo, 160 Phil., 90; People vs. Romagona, 103 Phil., 20; People vs.
Santos, 104 Phil., 551). A new preliminary investigation is not
necessary after the amendment of the information, for the reason that
there had been no change in the nature of the crime charged, which is
rebellion, and moreover, the accused petitioner who was already in
custody when the amended information was filed should have asked, but
did not, for a re-investigation of said case, within the period of five
(5) days from the time he learned of the amended information (sec. 15,
Rule 112, Rev. Rules). Granting arguendo, that the warrant of
arrest in question is defective, still petitioner’s arrest is legal,
because an offender can be taken into custody, by any officer of the
law, or by any private individual even without any warrant of arrest,
when an offense has in fact been committed and the arresting officer
or individual, has reasonable ground to believe that the person to be
arrested has committed it (Sec. 6-b, Rule 113, Rev. Rules), and
forthwith deliver the arrested person to the judicial authorities, as
was done in this case (Sec. 17, ibid). Normally, a writ of preliminary injunction should not issue to restrain the prosecution of criminal offenses (Kwong Sing vs. City of Manila, 41 Phil., 103; Gorospe vs.
Peñaflorida, 101 Phil., 886). In view hereof, it is deemed unnecessary
to pass upon the issues raised, in connection with the warrants of
arrest in Criminal Case Nos. 2043 and 2044 of the Bulacan Court of
First Instance.
Bengzon, C. J., Padilla, Bautista Angelo, Regala and Makalintal, JJ., concur.
Concepcion and Reyes, J.B.L., JJ., concur in the result.