ARREST SEC.

5 RULE 112: conducting a personal

examination of the complainant and the
ARREST: the taking of a person into custody in order witnesses is not required prior to the issuance of
that he may be bound to answer for the commission a warrant of arrest.
of an offense. (Sec.1, Rule 113 RRC) : Conducting examination is only one of the
: options of the judge for making a personal
evaluation of the evidence or requiring the
HOW IS ARREST MADE: submission of additional evidence.
1. A person need not to be actually restrained
by the person making the arrest. METHOD OF ARREST WITH A WARRANT
2. A submission to the custody of the person
making the arrest already constitutes an 1. The judge will issue a warrant of arrest
arrest. and delivered to the proper law
3. Whichever means is used to make an arrest, enforcement agency for execution.
the term necessarily implies control over the
person under custody and as a 2. The head of office to whom the warrant
consequence, a restraint on his liberty to the of arrest was delivered shall cause the
extent that he is not free to leave on his own warrant to be executed within ten (10)
volition days from its receipt.

REQUIREMENT FOR ARREST 3. Within ten (10) days after the expiration
1. neither the application of actual force, of the period, the officer to whom it was
manual touching of the body, or physical assigned for execution shall make a
restraint, nor a formal declaration of arrest, is report to the judge who issued the
required for arrest to exist. warrant. In case of his failure to execute
2. It is enough that there be an intention on the the warrant, he shall state the reasons
part of one of the parties to arrest the other, thereof.
and that there be an intent on the part of the 4. When making an arrest by virtue of a
other to submit, under the belief and warrant, the officer shall inform the
impression that submission is necessary. person to be arrested of:
a. The cause of his arrest
REQUISITES FOR THE ISSUANCE OF A b. The fact that a warrant has
WARRANT OF ARREST been issued for his arrest.
SEC. 2 ART. III: No search warrant or warrant of INFORMATION NEED NOT
arrest shall issue except upon probable cause to BE GIVEN WHEN
be determined personally by the judge after
examination under oath or affirmation of the a. The person to be arrested
complainant and the witnesses he may produce, flees;
and particularly describing the place to be b. Forcibly resists
searched and the persons or things to be seized. c. The giving of the information
: Constitutionally mandated that a warrant of will imperil the arrest.
arrest shall issue ONLY upon a finding of 5. The officer need not have the warrant in
probable cause to be determined personally by his possession at the time of the arrest.
the judge. However, after the arrest, the warrant
: AN ARREST WITHOUT A PROBABLE shall be shown to the person arrested as
CAUSE IS AN UNREASONABLE SEIZURE of a soon as practicable, if the person
person, and violates the privacy of persons which arrested so requires. (Sec. 7 Rule 113,
ought not to be intruded by the State. RRC)
(Borlongan v. Peña) 6. The officer assigned to execute the
warrant of arrest has the duty to deliver
PROBABLE CAUSE: such facts and the person arrested to the nearest police
circumstances which would lead a reasonably station or jail without unnecessary delay.
discreet and prudent man to believe that an (Sec. 3 Rule 113, RRC)
offense has been committed by the person
sought to be arrested. SEC. 2 RULE 113: No person arrested shall be
: requires neither absolute certainty nor clear and subject to a greater restraint that is necessary for his
convincing evidence of guilt. detention.
SEC. 10 RULE 113: An officer making a lawful arrest
may orally summon as many persons as he deems
necessary to assist him in effecting the arrest. Every IN FLAGRANTE DELICTO: the accused perform
person so summoned by an officer shall assist him in some overt act that would indicate that he has
effecting the arrest when he can render such committed, is actually committing, or is attempting to
assistance without detriment to himself. commit an offense.

REQUISITES:
SEC. 11 RULE 113: An officer, in order to make an
arrest either by virtue of a warrant, or without a 1. The person to be arrested must execute an
warrant as provided in Sec. 5, MAY BREAK into any overt act indicating that he has just
building or enclosure where the person to be arrested committed, is actually committing, or is
is or is reasonably believed to be, if he is refused attempting to commit a crime
admittance thereto, after announcing his authority and 2. Such overt act is done in the presence or
purpose. within the view of the arresting officer.

SEC. 12 RULE 113: Whenever an officer has entered BUY-BUST OPERATION: considered a valid means
the building or enclosure in accordance with the of arresting those who commit violations under RA
preceding section, he may break out therefrom when 9165 (Comprehensive Dangerous Drugs Act of 2002)
necessary to liberate himself. where the idea to commit the crime originates from
the offender without inducement or prodding from
LAWFUL WARRANTLESS ARREST anybody.
1. The general rule is that no arrest can be made
INVALID IN FLAGRANTE DELICTO
without a valid warrant issued by a competent
judicial authority. 1. Mere suspicion of a crime that happened.
2. When, in his presence, the person to be arrested 2. Innocent reasons for flight like fear or
has committed, is actually committing, or is retribution for speaking to an officer,
attempting to commit an offense unwillingness to appear as witness, and fear
3. When an offense has just been committed, and he of being apprehended even if he is innocent.
has probable cause to believe, based on personal 3. Walking along the street and holding
knowledge of facts or circumstances, that the something in one’s hand, even if they
person to be arrested has committed it; and appeared to be dubious, coupled with his
4. When the person to be arrested is a prisoner who previous criminal charge for the same
has escaped from a penal establishment or place offense, are not sufficient to incite suspicion
where he is serving final judgment or is of criminal activity or to create probable
temporarily confined while his case is pending, or cause enough to justify a warrantless arrest.
has escaped while being transferred from one 4. Person was arrested based on personal
confinement to another. knowledge of facts regarding appellant’s
5. When a person, previously lawfully arrested, person and past criminal record.
escapes or is rescued. 5. Previous arrest or existing criminal record,
6. If the bondsman arrests the accused for purposes even for the same offense, will not suffice to
of surrendering him. The bondsman may even satisfy the exacting requirements
cause the arrest of the accused by a police officer 6. Reliable information alone, absent any overt
or any other person of suitable age and discretion act indictive of a felonious enterprise in the
upon a written authority endorsed on a certified presence and within the view of the arresting
copy of the undertaking officers, are not sufficient to constitute
7. When an accused released on bail attempts to probable cause that would justify an in
depart from the Philippines without permission of flagrante delicto arrest (People v. Molina)
the court where the case is pending, he may be 7. A hearsay tip by itself, does not also justify a
re-arrested without a warrant. warrantless arrest.

WHO MAY MAKE THE WARRANTLESS ARREST VALID SEARCH: the court found that the officers
(SEC. 5 (a) RULE 113, RRC) were faced by an “on-the-spot” information which
1. A peace officer required them to act swiftly. (People v. Tangliben)
2. A private person (citizen’s arrest), may without a
warrant, arrest a person, when in his presence, HOT PURSUIT: (SEC. 5 (b) RULE 113, RRC)
the person to be arrested has committed, is : When an offense has just been committed, and he
actually committing, or is attempting to commit an has probable cause to believe based on personal
offense. (IN FLAGRANTE DELICTO)
knowledge of facts or circumstances that the person intention to arrest him and (2) the
to be arrested has committed it. cause of his arrest.
b. This information need not be given
REQUISITES OF HOT PURSUIT under the same conditions as when
(a) an offense has just been committed; and it is an officer who makes the arrest.
(b) the person making the arrest has personal c. The right to break into a building or
knowledge of facts indicating that the person to be an enclosure specifically refers to
arrested has committed it. an ‘officer’ and not to a private
: law enforcers need not personally witness the person
commission of the crime but they must have personal
knowledge of facts and circumstances indicating that C. IN FLAGRANTE AND HOT PURSUIT
the person sought to be arrested committed it. EXCEPTION
: A warrantless arrest made one year after the  The person arrested without a warrant shall
offense was allegedly committed is an illegal be forthwith delivered to the nearest police
arrest. station or jail.
: the arresting officer may even rely on
information supplied by a witness or a victim of TIME OF MAKING AN ARREST: may be made on
the crime. any day and at any time of the day or night.

ARCHIVING OF CASES: a procedural measure

REQUIREMENT OF IMMEDIACY: between the time designed to temporarily defer the hearing of cases in
of the commission of the crime and the time of the which no immediate action is expected, but where no
arrest is absent grounds exist for their outright dismissal.
: an inactive case is kept alive but held in abeyance
PERSONAL KNOWLEDGE: knowledge that a crime until the situation obtains in which action thereon can
was committed even if it was not committed in his be taken.
presence. REASONS OF ARCHIVING OF CASES
: must be based on probable case, which means an
actual belief or reasonable ground of suspicion.  After the issuance of arrest, the accused
remains at large for six (6) months from the
delivery of the warrant to the proper peace
METHOD OF ARREST WITHOUT A WARRANT officer.
A. ARREST BY AN OFFICER ARCHIVING CASES FOR SUSPENSION
a. The officer shall inform the person FOR AN INDEFINITE PERIOD.
to be arrested of his (a) authority, 1) The accused appears to be suffering from an
and (b) the cause of his arrest. unsound mental condition which effectively
b. Information need not be given if: renders him unable to fully understand the
1) If the person to be charge against him and to plead intelligently,
arrested is engaged in the or to undergo trial, and he has to be
commission of an offense committed to a mental hospital;
2) A valid prejudicial question in a civil action in
2) Is in the process of being invoked during the pendency of the criminal
pursued immediately after case, unless the civil and criminal cases are
its commission consolidated;
3) An interlocutory order or an incident in a
3) Escapes or flees criminal case is elevated to and is pending
resolution/ decision for an indefinite period
4) Forcibly resists before the before a higher court which has issued a
officer has the opportunity temporary restraining order or writ of
to so inform him preliminary injunctions; and
4) When the accused has jumped bail before
5) When the giving of such arraignment and cannot be arrested by the
information will imperil the bondsman.
arrest.
RIGHTS OF A PERSON ARRESTED (RA 7438)
B. ARREST BY A PRIVATE PERSON
a. The private person shall inform the a. The right to be assisted by counsel at all
person to be arrested his (1) times;
 b. The right to remain silent objection shall be resolved by the court as
c. The right to be informed of the above rights early as practicable but not later than the
d. The right to be visited by the immediate start of the trial of the case.
members of his family, by his counsel, or by
any non-governmental organization, national WAIVER OF THE ILLEGALITY OF THE ARREST;
or international EFFECT OF ILLEGAL ARREST
CUSTODIAL INVESTIGATION: begins to operate as a. The question of the legality of the arrest
soon as the investigation ceases to be a general should be raised in a motion to quash the
inquiry into an unsolved crime and the interrogation is information which is made prior to the
then aimed on a particular suspect who has been arraignment of the accused.
taken into custody and to whom the police would then b. The principle that the accused is precluded
direct interrogatory questions that tend to elicit after arraignment from questioning the illegal
incriminating statements. arrest or the lack of irregular preliminary
investigation applies only if the accused
SEC. 20 OF RA 7438: the practice of issuing an voluntarily enters his plea and participates
“invitation” to a person who is investigated in during the trial without previously invoking
connection with an offense he is suspected to have his objections thereto
committed, without prejudice to the liability of the c. The illegality of the warrantless arrest cannot
“inviting” officer for any violation of law. deprive the State of its right to prosecute the
: even those who voluntarily surrendered before a guilty when all other facts on record point to
police officer must be apprised of their Miranda rights. their culpability.
PERSON NOT SUBJECT TO ARREST
MIRANDA DOCTRINE: incorporated in our
Constitution but were modified to include the 1. SEC. 11 ART. VI OF THE 1987
statement that any waiver of the right to counsel must CONSTITUTION: A senator or member of
be made “in writing and in the presence of counsel” the House of Representatives shall, in all
: intended to protect ordinary citizens from the offenses punishable by not more than six
pressures of a custodial setting. years imprisonment, be privileged from
REQUIRES THAT: arrest while the Congress is in session
a. Any person under custodial investigation has : will not apply when the offense is
the right to remain silent; punishable by imprisonment of more than six
b. Anything he says can and will be used (6) years even if Congress is in session.
against him in a court of law : does not apply if Congress is not in
c. He has the right to talk to an attorney before session.
being questioned and to have his counsel 2. Other chiefs of state, ambassadors,
present when being questioned; and ministers plenipotentiary, ministers resident,
d. If he cannot afford an attorney, one will be and charge d’affaires are immune from the
provided before any questioning if he so criminal jurisdiction of the country of their
desires. assignment and are, therefore, immune from
arrest.
EFFECTS OF AN INVALID OR ILLEGAL ARREST 3. R.A 75 prohibits the arrest of duly accredited
a. The failure to acquire jurisdiction over the ambassadors, public ministers of a foreign
person of the accused; country, their duly registered domestics.
b. Criminal liability of law enforcers for illegal
arrest; and
c. Any search incident to the arrest becomes
invalid thus rendering the evidence acquired
as constitutionally inadmissible
d. Affects only the jurisdiction of the court over
the person of the accused. The illegality of
the arrest cannot, in itself, be the basis for
acquittal.
EFFECTS OF ADMISSION TO BAIL ON
OBJECTIONS TO AN ILLEGAL ARREST
 Shall not bar the accused from challenging
the validity of his arrest or the legality of the
warrant issued, provided that he raises the
objection before he enters his plea. The