ILOILO City – The City Prosecutor’s Office dismissed the illegal possession of firearms and explosive charges filed against the two De los Reyes brothers who served as security aides of Councilor Plaridel Nava.
In a resolution dated March 8, 2019 Associate Prosecution Attorney II Ma. Monica Leticia Espinosa found no probable cause to charge Roy and Rey Julius De los Reyes with violation of Republic Act 10591 (Comprehensive Firearms and Ammunition Regulation Act) and Republic Act 9516 (illegal possession of firearms).
The prosecutor also ruled that the warrantless arrest against the respondents on Jan. 7, 2019 was invalid.
“The arrest…did not comply with the requirements…(T)hey were arrested only three days after the commission of the crime and not immediately thereafter,” the resolution stated.
The crime referred to was the shooting to death of Mercedes Nava, cousin of Councilor Nava, and a companion on Jan. 4, 2019 in Mandurriao district.
“Moreover, the arresting officers were not present and were not actual eyewitnesses to the crime. Hence, they had no personal knowledge of facts indicating that the person to be arrested had committed the offense,” the resolution further read.
During the brothers’ arrest at the councilor’s office, police recovered from Rey Julius two .45 pistols with bullets, a hand grenade, P12,000 cash and a black holster.
Roy, on the other hand, yielded a .45 pistol with bullets and P1,770 cash.
The arresting police officers insisted on the validity of their arrest; they claimed it was a “hot pursuit” operation thus no arrest warrant was needed.
The city prosecutor, however, cited Rule 113 Section 5 of the Revised Rules of Criminal Procedure which provides that a peace officer or a private person may, without a warrant, arrest a person when an offense has just been committed and he has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed it.
Furthermore, Rule 113, Section 5 (b) of the Rules of Court connotes “immediacy of time,” stressed the city prosecutor.
In the arrest of the De los Reyes brothers, the prosecution said it could not be said that the officers had personal knowledge of facts or circumstances that the respondents committed the crime. There was a lapse of time between the arrest and the commission of the crime.
It added that there was no showing of immediacy for an arrest.
“The police officers had ample opportunity to apply for a warrant. However, they proceeded to a conduct a ‘hot pursuit’ operation, making the warrantless arrest invalid. Since the warrantless arrest was invalid, the incidental search on Roy and Rey Julius’ body was likewise invalid. Hence, the confiscated items are inadmissible…” the resolution further read.
On the other hand, in another resolution, the City Prosecutor’s Office found probable cause to hold the respondents for the crime of murder under the Article 242 of the Revised Penal Code./PN
