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Dear Sir/Ma’am:
It is clear that the incident is not within the scope of a valid warrantless
arrest. It should be noted that the person to be arrested must (a) execute an
overt act indicating he has just committed, is actually committing, or is
attempting to commit a crime; and (b) such overt act is done in the presence
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or within the view of the arresting officer (Valdez vs. People, G.R. No.
170180, 23 November 2007).
In this instant, there was no overt act indicating that the respondents has just
committed, is actually committing, or is attempting to commit a crime of
adultery. Going to Barangay Hall of J.P Laurel, Malungon, Sarangani
Province for a conciliation/mediation is, clearly, not an overt act for a crime
of adultery.
Respectfully Submitted.
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