A Cebu City prosecutor yesterday said the warrantless arrest of the 16-year-old suspect in the killing florist Daniel “Jun” Cañete was invalid.
Assistant City Prosecutor Gandhi Truya said, “The arrest was made three days after the crime was discovered. That does not fall under a hot pursuit operation. More so, the police did not see the suspect committing a crime when the arrest was made,” Truya said.
But the minor is not yet off the hook as Truya ordered a preliminary investigation against him for robbery with homicide.
And the minor may still spend more time in jail as he was subjected to inquest proceeding for illegal drugs. Police found in the suspect’s possession an ampule of Nubain (nalbuphine), a regulated narcotic.
Truya said there was no need for him to determine whether or not the suspect acted with discernment when he allegedly killed the victim because the crime he is accused of has a maximum penalty of reclusion perpetua.
The suspect was arrested after at least two witnesses saw him outside the flower shop of Cañete over the weekend. The boy’s fingerprints also matched the prints taken from the victim’s drawer.
Cañete’s dead body was found inside his flower shop along Sikatuna Street in Cebu City last Monday morning. About P200,000 in cash was also missing.
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