Court denies RJ Bautista's motion to dismiss murder raps
MANILA, Philippines - Ramon Joseph Bautista, principal suspect in the murder of his brother Ram Revilla, will spend his first Christmas in jail after the court denied his motion to dismiss the murder and frustrated murder charges filed against him.
In a five-page decision, Judge Fortunito Madrona of Parañaque Regional Trial Court Branch 274 upheld the legality of Bautista’s arrest on Oct. 30, two days after the murder of his brother Ramgen Revilla.
“This court takes the presumption that official duty has been regularly performed,” Madrona’s decision, issued on Dec. 16, said.
Bautista had questioned the court’s jurisdiction over him, saying he was arrested without warrant.
He added that the arresting officers do not have personal knowledge of the crime, as required by Section 5 of Rule 113 of the Rules of Criminal Procedure.
Police arrested Bautista based on the affidavit issued by witness Ruel Puzon, who claimed that he was hired to kill Revilla.
Puzon also pointed to Bautista as the “contact person” in the Bautista family residence in BF Homes Parañaque.
But Madrona said the court “agrees” with the prosecution that Bautista’s arrest was a result of a hot pursuit operation.
The court said warrantless arrest is lawful when there is “probable cause to believe based on personal knowledge of facts or circumstances” that person to be arrested has committed an offense.
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