Illegal arrest: when and how accused must question it.

See - RA 7610: A Child Is Deemed Subjected To "Other Sexual Abuse" When He Or She Engages In Lascivious Conduct Under The Influence Or Coercion Of An Adult... - The Lawyer's Post

"x x x.

Second, Roallos’ claim that he was denied due process since he was arrested without any warrant of arrest and that he was not afforded a preliminary investigation is likewise untenable. In Miclat, Jr. v. People, the Court emphasized that the accused is estopped from assailing any irregularity attending his arrest should he fail to move for the quashal of the information against him on this ground prior to arraignment, viz:

At the outset, it is apparent that petitioner raised no objection to the irregularity of his arrest before his arraignment. Considering this and his active participation in the trial of the case, jurisprudence dictates that petitioner is deemed to have submitted to the jurisdiction of the trial court, thereby curing any defect in his arrest. An accused is estopped from assailing any irregularity of his arrest if he fails to raise this issue or to move for the quashal of the information against him on this ground before arraignment. Any objection involving a warrant of arrest or the procedure by which the court acquired jurisdiction over the person of the accused must be made before he enters his plea; otherwise, the objection is deemed waived. (Citations omitted and emphasis ours)

Similarly, in Villarin v. People, the Court stressed that the absence of a proper preliminary investigation must be timely raised. The accused is deemed to have waived his right to a preliminary investigation by entering his plea and actively participating in the trial without raising the lack of a preliminary investigation. 

Thus:

Moreover, the absence of a proper preliminary investigation must be timely raised and must not have been waived. This is to allow the trial court to hold the case in abeyance and conduct its own investigation or require the prosecutor to hold a reinvestigation, which, necessarily “involves a re-examination and re-evaluation of the evidence already submitted by the complainant and the accused, as well as the initial finding of probable cause which led to the filing of the Informations after the requisite preliminary investigation.”

Here, it is conceded that Villarin raised the issue of lack of a preliminary investigation in his Motion for Reinvestigation. However, when the Ombudsman denied the motion, he never raised this issue again. He accepted the Ombudsman’s verdict, entered a plea of not guilty during his arraignment and actively participated in the trial on the merits by attending the scheduled hearings, conducting cross-examinations and testifying on his own behalf. It was only after the trial court rendered judgment against him that he once again assailed the conduct of the preliminary investigation in the Motion for Reconsideration. Whatever argument Villarin may have regarding the alleged absence of a preliminary investigation has therefore been mooted. By entering his plea, and actively participating in the trial, he is deemed to have waived his right to preliminary investigation. (Citations omitted and emphases ours)

It is undisputed that, at the time of his arraignment, Roallos did not raise any objection to the supposed illegality of his arrest and the lack of a proper preliminary investigation. Indeed, he actively participated in the proceedings before the RTC. Thus, he is deemed to have waived any perceived irregularity in his arrest and has effectively submitted himself to the jurisdiction of the RTC. He is likewise deemed to have waived his right to preliminary investigation.

x x x."

See:

FIRST DIVISION, G.R. No. 198389, December 11, 2013, VIVENCIO ROALLOS Y TRILLANES, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.