49 -ERPASCUAL DIEGA Y PAJARES, PETITIONER, VS. COURT OF APPEALS, RESPONDENT.

G.R. No. 173510 : March 15, 2010

DEL CASTILLO, J.
Rule 113: Arrest; When waived? Effect?

DOCTRINE:
SC agreed with the CA that, even if his arrest was unlawful because of the absence of a valid warrant of
arrest, he was deemed to have waived his right to assail the same as he never bothered to question the
legality thereof and, in fact, even voluntarily entered his plea. The appellant was deemed to have waived his
right to assail the legality of his arrest when he voluntarily submitted himself to the court by entering a plea
instead of filing a motion to quash the information for lack of jurisdiction over his person.

FACTS:

 Erpascual Diega was charged with the complex crime of rape with homicide.
 Upon arraignment, he entered a plea of not guilty. Trial ensued.
 Defense version:
 The police invited him and other employees of the farm for questioning. After all of them were
questioned, he was the only one who was not allowed to leave. After 2 days, the police prepared his
statement despite the fact that he was not assisted by counsel. Thereafter, the statement was
subscribed before one of the officers.
 The appellant claimed that he was released after five days of incarceration without a case having
been filed against him. However, two days after being released, he was again brought to the police
station for questioning. During his imprisonment, the parents of "AAA" allegedly admitted in a
confrontation held in the presence of the jail warden and the investigating police officer that they
filed the complaint due to the land dispute with the owners of the farm and not because of the death
of their daughter, "AAA".
 The appellant further claimed that he was released from detention, again without any complaint
being filed against him. However, a warrant of arrest was issued against him based on the sworn
statement of Juanito.
 The RTC convicted him as charged and the CA affirmed the RTC decision. He avers that the illegality of
his arrest is apparent from his detention for five days without being charged with any offense.

ISSUE:
WON Diega may raise the illegality of his arrest at this petition for review on certiorari before the SC.

HELD:
No. His contention that his arrest was attended with irregularity is unworthy of credence. Records show that
the "prepared statements" were given by the witnesses after they answered the questions of the police
authorities. His arrest was not based merely on statements prepared by the police authorities for the
prosecution witnesses. Even if his arrest was unlawful because of the absence of a valid warrant of arrest, he
was deemed to have waived his right to assail the same as he never bothered to question the legality thereof.
He even voluntarily entered his plea. He was deemed to have waived his right to assail the legality of his
arrest when he voluntarily submitted himself to the court by entering a plea instead of filing a motion to quash
the information for lack of jurisdiction over his person.