MANILA, Philippines — The Quezon City Prosecutor’s Office ordered the release of a police officer and his wife who were suspected of stealing and selling government-issued bicycles pending further investigation.
An inquest resolution from the Office of the City Prosecutor said the suspect, a police officer and his wife purportedly admitted to stealing and selling the government-issued bicycles leading to their arrest.
During the inquest proceeding, however, the prosecutor said arrest of the suspects cannot be considered a valid warrantless arrest.
“A judicious scrutiny of the facts of the instant case reveals that the respondents’ apprehension, arrest, and detention do not fall within the purview of a lawful warrantless arrest under Rule 113, Section 5 of the Revised Rules of Criminal Procedure to be a proper subject of inquest proceedings,” read the resolution.
Rule 113 Section 5 provides a list of situations when a warrantless arrest can be considered lawful such as when caught red handed, when the arresting person has personal knowledge of facts regarding the crime committed or when the arrested person is an escapee.
“Considering that this case is recommended to be referred for further investigation, the arresting officers are directed to release the respondents unless detained for a lawful cause,” the resolution also states.
The prosecutors added that there are also matters that need to be clarified by the police.
READ: Cop, 3 others arrested for alleged theft in QC
Seven government-issued mountain bikes worth P223,475 were discovered missing last August 2 at the headquarters of the Quezon City Police District in Camp Karingal.
Authorities conducted an investigation and found that the bikes were being sold by a certain Calvin Distor Santillan on Facebook Marketplace two days after they were discovered missing.
Santillan, however, told the police that the bikes had been sold to him by the police officer and his wife from July 28 onward, or days before they were discovered missing.
“Immediately thereafter, Santillan returned the said bikes to the complainant on 05 August 2024, and they were able to confirm that those were the same bikes missing from Camp Karingal,” according to the resolution.
The police officer and his wife reportedly admitted to taking the bikes and surrendered to the police on August 7. The next day, the police filed a theft complaint against the couple before the Quezon City Prosecutor’s Office.