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Warrant of Arrest

This document summarizes the constitutional provisions and legal rules regarding warrants of arrest in the Philippines. It defines an arrest as taking a person into custody so they can answer for an alleged crime. An arrest is effected through actual restraint or voluntary submission to custody, without requiring actual force or a formal declaration. Limitations are that no unnecessary force shall be used in an arrest, and a person can only be restrained as needed for detention. It provides examples of both justified and unjustified use of force during an arrest.

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38 views2 pages

Warrant of Arrest

This document summarizes the constitutional provisions and legal rules regarding warrants of arrest in the Philippines. It defines an arrest as taking a person into custody so they can answer for an alleged crime. An arrest is effected through actual restraint or voluntary submission to custody, without requiring actual force or a formal declaration. Limitations are that no unnecessary force shall be used in an arrest, and a person can only be restrained as needed for detention. It provides examples of both justified and unjustified use of force during an arrest.

Uploaded by

Taerongsaurus Im
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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WARRANT OF ARREST

1. Constitutional provision: Art. III, Sec. 2 of the Constitution:


The right of the people to be secure in their persons, houses, papers and effects
against unreasonable searches and seizures of whatever nature and for any purpose
shall be inviolable, and no search warrant or warrant of arrest shall issue except
upon probable cause to be determined personally by the judge after examination
under oath or affirmation of the complainant and the witnesses he may produce,
and particularly describing the place to be searched and the persons or things to
be seized.

1. Definition: Sec. 1, Rule 113 of the Rules of Criminal Procedure


Arrest is the taking of a person into custody in order that he may be bound to answer
for the commission of an offense.
2. How or manner and method: Sec. 2, Rule 113 of the Rules of Criminal Procedure
2.1. by an actual restraint of a person to be arrested; or
2.2. or by his voluntary submission to custody
2.3. Intent on both parties: to arrest, and the other to submit himself.
An arrest is effected by an actual restraint of the person to be arrested or by his
voluntary submission to the custody of the person making the arrest.
Application of actual force, manual touching of the body, physical restraint or a formal
declaration of arrest is not required.
It is sufficient that a person arrested understands that he is in the power of the one
arresting and submits in consequence.
3. LIMITATIONS:
3.1. No violation or unnecessary force shall be used in making an arrest.
3.2. The person arrested shall not be subject to greater restraint than is necessary for his
detention.

Justified – The deacesed was under the obligation to surrender, and had no right, after
evading service of his sentence to commit assault and disobedience with a weapon
in the hand, which compelled the policeman to resort to extreme means, which
although it proved to be fatal was justified by circumstancs,

Unjustified - Although a police officer may employ force to overcome active resistance to
an arrest, it is not reasonably necessary to kill his assailant to repel an attack with a
client, and only an incomplete defense is made out.

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