UMIL VS. RAMOS [187 SCRA 311; G.R. NO.

81567; 3 OCT 1991]

Facts:
-

On 1 February 1988, military agents were dispatched to the St. Agnes

Hospital, Roosevelt Avenue, Quezon City, to verify a confidential
information which was received by their office, about a "sparrow man"
(NPAmember) who had been admitted to the said hospital with
a gunshot wound.
That the wounded man in the said hospital was among the five (5)
male "sparrows" who murdered two (2) Capcom mobile patrols the day
before, or on 31 January 1988 at about 12:00 o'clock noon, before a
road hump along Macanining St., Bagong Barrio, Caloocan City.
The wounded man's name was listed by the hospital management as
"Ronnie Javellon," twenty-two (22) years old of Block 10, Lot 4,
South City Homes, Bian, Laguna however it was disclosed later that
the true name of the wounded man was Rolando Dural.
In view of this verification, Rolando Dural was transferred to the
Regional Medical Services of the CAPCOM, for security reasons.

Issue:
-

Whether or Not Rolando was lawfully arrested.

Held:
-

Rolando Dural was arrested for being a member of the NPA, an

outlawed subversive organization. Subversion being a continuing
offense, the arrest without warrant is justified as it can be said that he
was committing as offense when arrested.
The crimes rebellion, subversion, conspiracy or proposal to commit
such crimes, and crimes or offenses committed in furtherance
therefore in connection therewith constitute directassaults against the
state and are in the nature of continuing crimes.