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    47 People vs. Mengote

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    Justine Salcedo
    The police received a tip about suspicious men at a street corner. When they arrived, they saw two men, including Mengote, looking around nervously. One was clutching his stomach. When the police identified themselves, the men tried to run. The police subdued and frisked them, finding a gun on Mengote and a knife on his companion. Mengote argued the evidence should be suppressed because the arrest was illegal. The Supreme Court agreed, finding Mengote's acts of looking around and holding his stomach did not constitute a reasonable basis for a warrantless arrest, as no offense was observed or attempted.

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    47 People vs. Mengote

    Uploaded by

    Justine Salcedo
    613 views1 page
    The police received a tip about suspicious men at a street corner. When they arrived, they saw two men, including Mengote, looking around nervously. One was clutching his stomach. When the police identified themselves, the men tried to run. The police subdued and frisked them, finding a gun on Mengote and a knife on his companion. Mengote argued the evidence should be suppressed because the arrest was illegal. The Supreme Court agreed, finding Mengote's acts of looking around and holding his stomach did not constitute a reasonable basis for a warrantless arrest, as no offense was observed or attempted.

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    people vs mengote case digest

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    The police received a tip about suspicious men at a street corner. When they arrived, they saw two men, including Mengote, looking around nervously. One was clutching his stomach. When the police identified themselves, the men tried to run. The police subdued and frisked them, finding a gun on Mengote and a knife on his companion. Mengote argued the evidence should be suppressed because the arrest was illegal. The Supreme Court agreed, finding Mengote's acts of looking around and holding his stomach did not constitute a reasonable basis for a warrantless arrest, as no offense was observed or attempted.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    613 views1 page

    47 People vs. Mengote

    Uploaded by

    Justine Salcedo
    The police received a tip about suspicious men at a street corner. When they arrived, they saw two men, including Mengote, looking around nervously. One was clutching his stomach. When the police identified themselves, the men tried to run. The police subdued and frisked them, finding a gun on Mengote and a knife on his companion. Mengote argued the evidence should be suppressed because the arrest was illegal. The Supreme Court agreed, finding Mengote's acts of looking around and holding his stomach did not constitute a reasonable basis for a warrantless arrest, as no offense was observed or attempted.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    G.R. No.

    87059 June 22, 1992


    THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
    vs.
    ROGELIO MENGOTE y TEJAS, accused-appellant.
    CRUZ, J.:

    Facts: Before noon of August 08, 1987, an informant, by a telephone call, tipped the police officers that suspicious
    looking men were at the street corner in Tondo, Manila. The Police Officers dispatched to the place and saw two
    men looking from side to side, one of them, who was clutching his abdomen, turned-out to be Mengote. The officers
    approched them and introduced themselves as policemen. The two men tried to run away but was subdued by the
    officers, they were frisked and there found in possession of Mengote a 38 caliber revolver with six live bullets in the
    chamber and a fan knife in the possession of his companion Morellos. They were arrested and the weapons were
    taken from them. The revolver seized was used as evidence against Mengote but he contends that the revolver
    should not be admitted as evidence because the seizure was the product of an illegal search which is not incident to a
    lawful arrest.

    Issue : Whether or Not the arrest of Mengote is legal??

    Held : No. the Supreme Court held that the accused acts of merely looking from side to side and holding his
    abdomen, do not constitute enough basis to implement a warrantless arrest. There was apparently no offense that
    had just been committed or was being actually committed or at least being attempted by the accused in the presence
    of the arresting officers.In this case, the Solicitor General argued that the actual existence of an offense was not
    necessary as long as Mengotes acts created a reasonable suspicion on the part of the arresting officers and induced
    in them the belief that an offense had been committed and that the accused-appellant had committed it. The Court
    shot down this argument stating that no offense could possibly have been suggested by a person looking from side
    to side and holding his abdomen and in a place not exactly forsaken.

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