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Friday, October 22, 2004
Arrested or not? Favila status prods debate
By Grecar Nilles & Giovanni A. Nilles
Sun.Star Staff Reporters
AUTHORITIES are baffled whether Michel Favila Sr. is under arrest or just under protective custody, since no warrant was issued for the alleged gunman of lawyer Arbet Sta. Ana-Yongco.
A noted criminal lawyer also wants a law that will clarify the duration of the police’s “hot pursuit” operation.
Former Lapu-Lapu City prosecutor Celso Espinosa said there is no law that specifies until when the police can arrest a person after a crime has been committed.
In practice, the police can still arrest suspects within three days after a crime.
Favila showed up at the National Bureau of Investigation (NBI) office in Puerto Princesa, Palawan seven days after the Yongco murder last Oct. 11 in Zapatera, Cebu City. He said he meant to clear his name.
“But there is no clear law until when they can arrest a person charged of committing a crime even without a warrant of arrest. But I don’t think they can still effect a valid warrantless arrest on Favila right now,” Espinosa said.
But while Favila said he voluntary showed up to clear his name, Criminal Investigation and Detection Group policemen already told Favila his constitutional rights as an arrested person.
Is Favila a detained prisoner or is his status simply that of a “voluntarily appeared” suspect?
This was the question private prosecutor Gloria Lastimosa-Dalawampu and defense counsels Orlando Salatandre Jr. and Sam Fuentes argued about during yesterday morning’s conference at the Cebu City Prosecutor’s Office.
The question is important because it determines the manner of investigation that the office will conduct on Favila.
Not in the act
Salatandre insisted that Favila does not have an “arrested” or detained status because he was not caught in flagrante delicto, the arresting officers have no personal knowledge of the incident and Favila was not an escapee of any penitentiary.
Dalawampu, however, argued that from the time the NBI turned Favila over to the Criminal Investigation and Detection Group, the status was that of an “arrested” person.
“Can he go out to buy a cigarette? Can he get out to get some snacks? He can’t. And what is that? It means he’s detained,” she reasoned.
Although Cebu City Prosecutor Cezar Tajanlangit said a happy compromise was reached between the two groups yesterday, he thinks that the elements of voluntary surrender were there.
Tagged
Three witnesses identified Favila as the one who shot and killed Yongco in her office last Oct. 11. A murder complaint has been filed against him before the Cebu City Prosecutor’s Office.
At the Office of the Cebu City Prosecutor yesterday, Homicide Section Chief Mario Monilar said Favila is considered under detention and that they have already informed him of his rights as a detained person.
But Espinosa said that placing Favila under arrest without a warrant at this time is already invalid.
“Because his case does not fall within the three stipulations that allows a warrantless arrest.
There is no basis for his arrest,” Espinosa said.
He said that one interesting amendment in the rules is the fact that police can effect a warrantless arrest even on “probable cause based on personal knowledge of facts or circumstance.”
Free to go?
Unlike before, the second provision of the warrantless arrest only stipulates “personal knowledge” by the arresting officers, which limit the police from arresting anyone without personal knowledge of the crime allegedly committed.
Dalawampu objected to the subpoena the prosecutor’s office issued, which identified Favila as being “at large.”
It was crucial for her because if the suspect is considered at large and not arrested, Favila could simply walk in and out of the detention cell.
But Salatandre said the possibility of Favila escaping is very remote, as he even surrendered himself.
He made it clear, though, that he won’t be representing Favila further as he has a commitment to the Yongco family to help in the prosecution of the case.
(October 22, 2004 issue)
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