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00:00.0
Sir, can you explain yung personal knowledge sa hot pursuit?
00:17.9
Okay, kung nag-report lang sa police after a few hours of the said crime, does it mean may personal knowledge na yung arresting officer noon?
00:31.5
Yung personal knowledge po kasi sa hot pursuit is hindi yung personal knowledge of the actual commission of the crime.
00:37.5
For example, there are three instances po of a valid warrantless arrest.
00:43.2
Yung first instance of a valid warrantless arrest is yung arrest.
00:47.9
Arrest in flagrante delicto.
00:51.5
So ano ba yung arrest in flagrante delicto when a police officer or a private person sees another person attempting to commit a crime in his presence ba?
01:02.5
Or actually committing a crime or has just committed a crime in his presence.
01:06.6
Nakikita niya sa mata niya, sa dalawang mata niya, naririnig niya.
01:10.4
Yun po ang ibig sabihin ng personal knowledge.
01:12.8
In his presence, nakikita niya na some person is committing a crime against another.
01:17.9
So if you witness a person committing a crime in your presence, you can make a valid warrantless arrest whether you are a private person or a peace officer.
01:29.8
Yung ano naman, yung hot pursuit, ito yung second instance ng valid warrantless arrest.
01:37.7
So ano ba ang situation ng hot pursuit?
01:40.0
Yung taong a-arresto, hindi po niya nakita in his presence that a crime is being committed.
01:46.8
But merong mga...
01:47.9
Meron siyang personal knowledge of facts and circumstances that will give him a probable cause to believe that a crime has been committed and that he has a good reason to arrest the person to be arrested.
02:03.5
So for example po, while a police officer was inside the police station, nakarinig po siya ng gunfire na malapit lang sa police station.
02:14.2
So what the police officers did, they went to investigate.
02:17.9
Pag dating nila sa place kung saan nagsimula yung kung saan nila narinig yung yung gunfire, meron silang nakita doong tao na nakabulagtana, duguan, and merong mga witnesses doon sa crowd, no?
02:33.5
So yung ano doon, yung presence ng tao na nakabulagtada doon, meron na siyang personal knowledge of certain facts and circumstances.
02:43.8
So merong ano na, merong crime na nangyari.
02:46.7
Kasi merong taong sugatan.
02:49.6
Tapos, let's say, from a distance, merong yung baril na ginamit na iwan ng perpetrator.
02:56.4
So that's another personal knowledge in the mind of the police officer.
03:02.0
Tapos, aside from those two circumstances, merong yung mga bystanders nakapagsabi na,
03:09.3
Sir, nagpunta doon sa direction ng palengke yung taong bumaril dito.
03:15.8
So sabi ng polis,
03:16.7
Sige, samahan mo ako.
03:18.4
Yung eyewitness ba?
03:19.7
So, sinamahan ngayon ng eyewitness yung polis kung saan tumakbo yung perpetrator.
03:26.9
So luckily, nadakip nila yung perpetrator based doon.
03:31.0
Based doon sa mga facts and circumstances that gave the police officer probable cause to arrest that person.
03:38.3
So, even if hindi nakita ng police officer in his presence yung commission of the crime,
03:45.9
but because of his personal knowledge of certain facts and circumstances,
03:51.0
Based on my example, yung taong nakabulogta, duguan, yung baril,
03:55.8
tapos meron pang eyewitness na nakakita kung saan tumakbo yung perpetrator,
04:01.7
it gave the police officers good reason to conduct a hot pursuit po sa ganyang sitwasyon.
04:08.9
Yan po ang meaning ng hot pursuit.
04:10.2
A crime was not committed in the presence of the person who will arrest the,
04:17.4
Kung na-report lang sa polis after a few hours,
04:20.2
depende po kasi yan, no?
04:21.3
Pag na-report sa polis after a few hours,
04:23.8
kung may reporting lang po ng incident,
04:26.1
hindi po yan enough basis to conduct a hot pursuit.
04:29.2
Dapat, there must be a combination po of facts and circumstances
04:33.4
that will give probable cause on the part of the police officer to effect an arrest,
04:41.8
a valid warrantless arrest.
