In their 51-page petition, Reps. Satur Ocampo (Bayan Muna), Rafael Mariano (Anakpawis), Teodoro Casiño (Bayan Muna), Liza Maza (Gabriela), and Joel Virador (Bayan Muna) told the CA that the PNP is committing grave abuse of discretion by threatening to subject them to warrantless arrest under Section 5, Rule 113 of the Revised Rules of Criminal Procedures.

They pointed out that "the evidence offered by the PNP to the Department of Justice (DoJ) cannot justify a warrantless arrest."

Through lawyer Romeo Capulong, the five legislators – now known as "Batasan 5" – also said that "neither the DoJ nor the PNP can conclude that rebellion has indeed been committed by petitioners as a matter of fact – this factual and certain matter must of course be established prior to the warrantless arrest – since the evidence against petitioners constitutes no more than mere allegations by purported informers and lucky kibitzers testifying on petitioners’ suspected activities….."

Under Section 5, Rule 113 of the Revised Rules of Criminal Procedures, "a police officer or a private person may, without a warrant, arrest a person when in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense" or "when an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it."

The five legislators said that the provision in the Revised Rules of Criminal Procedures must be strictly construed and the requirements of a warrantless arrest should be scrupulously applied, pointing out that the bases of the charges against them would not justify the implementation of the provision on them.

They said that they did not commit any overt act indicating that they have just committed, committing or attempting to commit a crime in the presence of an arresting officer.

At the same time, the five legislators refuted the statements issued by PNP chief Director General Arturo Lomibao that "we are already considered under arrest."

They said that under the rules, a person is arrested to answer for the commission of a crime.

"In this case, however, petitioners were never taken into custody for the purpose of answering for the commission of an offense. They were never arrested by the PNP, which is why they are not in jail. They were not arrested by the House of Representatives, or any of its members," they said.

They said that they are staying at the Batasang Pambansa complex in Quezon City in view of their voluntary acceptance of the protective custody extended by the House against actual threats by the PNP to illegally arrest them.