PNP: Suspects in Dacera case can't just be arrested without warrant

The Philippine National Police (PNP) on Wednesday said they cannot just arrest the suspects in the Christine Dacera case without a warrant even if they would not turn themselves in within the 72-hour period set by PNP chief Police General Debold Sinas.

PNP spokesperson Brigadier General Ildebrandi Usana said they will wait for the results of inquest proceedings, where the suspects face complaints for rape with homicide. Three out of the 11 suspects have already been arrested.

"Inasmuch na nandun po sila, kasama po doon sa mga kinasuhan at ito naman ay uusad pa rin po sa korte. Hindi naman po ito yung agad-agaran na sila ay aarestuhin kasi wala naman po kaming warrant pa," Usana said in a radio interview.

The Department of Justice has not announced any resolution yet. In inquests, prosecutors decide whether to file charges in court against an arrested person, release them for further investigation, or dismiss the complaint altogether.

Courts, when a case reaches them, have the authority to issue an arrest warrant.

Warrantless arrests are allowed only when a person is caught in the act of committing a crime, when the arresting officer has personal knowledge that the person has just committed a crime, or when the person is an escaped prisoner.

But Usana said the suspects, who have already been identified, should present themselves and the evidence in their defense.

"The fact they were there, nakita po sila sa loob ng kuwarto, sila po na-identify, kailangan lang po talaga magpakita sila ng kanilang parang sort of pananalita kung ano man po ang naging posisyon nila dito sa pangyayaring ito," he said.

Dacera, a 23-year-old flight attendant, was found dead in the bathtub of a Makati hotel room on January 1. She had checked in to celebrate New Year's Eve with friends.

Her reported cause of death was a ruptured aortic aneurysm. Police said there were indications of foul play.

Sinas earlier told the suspects who are at large to "surrender within 72 hours" or face a manhunt.

Asked whether the police can conduct a manhunt without a warrant, Justice Secretary Menardo Guevarra said he will leave it to the inquest prosecutor.

"Let's leave it to the prosecutor to determine if a warrantless arrest (based on hot pursuit) would be valid in this case," Guevarra said.

He said he will discuss the Dacera case with the NBI on Wednesday.—AOL, GMA News