Alleged violation of the rights against illegal arrest is deemed waived by the appellant’s failure to assert them prior to the arraignment
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Whether or not the accused can validly assail the legality of his arrest.
Facts:
Navarro is charged with murder. Assisted by counsel, he pleaded not guilty to the charge against him. He then filed a petition for bail. A protracted full-blown hearing on the matter then ensued, during which the prosecution and the defense presented their respective witnesses and documentary evidence. Upon conviction, he appealed assailing the legality of his arrest. He claimed that he is denied due process by virtue of his illegal arrest.
Issue:
Whether or not the accused can validly assail the legality of his arrest.
Held:
Contrary to the appellant’s assertion that he was denied due process by virtue of his alleged illegal arrest, such claim is negated by his voluntary submission to the jurisdiction of the trial court, as manifested by the voluntary and counsel-assisted plea he entered during arraignment and by his active participation in the trial thereafter. (People vs. Noel Navarro, G.R. NO. 129566, October 7, 1998)
Contrary to the appellant’s assertion that he was denied due process by virtue of his alleged illegal arrest, such claim is negated by his voluntary submission to the jurisdiction of the trial court, as manifested by the voluntary and counsel-assisted plea he entered during arraignment and by his active participation in the trial thereafter. (People vs. Noel Navarro, G.R. NO. 129566, October 7, 1998)
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