RULE 113 its receipt.
Within ten (10) days after the
expiration of the period, the officer to whom it was
assigned for execution shall make a report to the
ARREST
judge who issued the warrant. In case of his failure
to execute the warrant, he shall state the reasons
Section 1. Definition of arrest. therefor.
— Arrest is the taking of a person into
custody in order that he may be bound to Withing what period must a
answer for the commission of an offense.
warrant of arrest be served?
1. No limitation of period
This presupposes the commission of an offense
2. It is valid until the arrest is in effect or the
discovered by the authorities.
warrant is lifted
presupposes that someone is linked to the
commission of an offense
Section 5. Arrest without warrant;
House arrest in Philippines when lawful.
— A peace officer or a private person may, without
Under Art. 88 of the RPC, offenses punishable
a warrant, arrest a person:
by arresto mayor, and under certain conditions
(a) When, in his presence, the person to be
especially medical reasons
arrested has committed, is actually
committing, or is attempting to commit
an offense
Section 2. Arrest; how made.
— An arrest is made by an actual restraint of a (b) When an offense has just been committed,
person to be arrested, or by his submission to the and he has probable cause to believe based on
custody of the person making the arrest. personal knowledge of facts or
circumstances that the person to be arrested
No violence or unnecessary force shall be used in has committed it; and
making an arrest. The person arrested shall not
be subject to a greater restraint than is necessary (c) When the person to be arrested is a prisoner
for his detention. who has escaped from a penal
establishment or place where he is serving
This means the offender involuntary or final judgment or is temporarily confined
voluntary submits himself. Voluntary pertains to while his case is pending or has escaped while
the idea that the accused surrenders to the police being transferred from one confinement to
officers. another.
An officer may use “stand his ground”/force in
arresting someone if necessary In cases falling under paragraph (a) and (b)
above, the person arrested without a warrant
Voluntary Appearance can be shall be forthwith delivered to the nearest police
through: station or jail and shall be proceeded against in
1. His pleading to the merits (filing a motion to accordance with section 7 of Rule 112 - the
quash the information) complaint or information may be filed by
2. Appearing for arraignment the prosecutor without need of such
3. Filing a bail investigation.
Three types of Warrantless Arrest:
Section 3. Duty of arresting 1. Fragrante Delicto – when in the
officer. — It shall be the duty of the officer presence of the officer, the person to be
executing the arrested is actually committing or is
warrant to arrest the accused and to deliver him attempting to commit an offense
to the nearest police station or jail without 2. Hot Pursuit – When an offense has just
unnecessary delay. (With warrant of arrest) been made, and has probable cause to
believe based on personal knowledge
3. Escapee – the person has escaped the
Section 4. Execution of warrant. prison, or escaped during his transfer of
— The head of the office to whom the warrant of
detention
arrest was delivered for execution shall cause the
warrant to be executed within ten (10) days from
Section 6. Time of making arrest.
— An officer, in order to make an arrest either by
— An arrest may be made on any dayvirtue of a warrant, or without a warrant as
and at any
time of the day or night. provided in section 5, may break into any building
or enclosure where the person to be arrested is or
Section 7. Method of arrest by is reasonably
officer by virtue of warrant.
believed to be, if he is refused admittance
— When making an arrest by virtue of a warrant,
thereto, after announcing his authority and
the officer shall inform the person to be arrested
purpose
of the cause of the arrest and of the fact that a
warrant has been issued for his arrest, except
when he flees or forcibly resists before the officer This is considered right of the arresting officer
has opportunity to so inform him, or when the
giving of such information will imperil the arrest. Requisites:
The officer need not have the warrant in his 1. The person to be arrested is reasonably
possession at the time of the arrest but after the believed to be at the said building
arrest, if the person arrested so requires, the 2. He shall announced his authority and
warrant shall be shown to him as soon as propose for entering the premises
practicable. 3. After requesting, but denied of admittance
Section 8. Method of arrest by Section 12. Right to break out from
officer without warrant. building or enclosure.
— When making an arrest without a warrant, the — Whenever an officer has entered the building
officer shall inform the person to be arrested of or enclosure in accordance with the preceding
his authority and the cause of the arrest, unless section, he may break out therefrom when
the latter is either engaged in the commission of necessary to liberate himself
an offense, is pursued immediately after its
commission, has escaped, flees or forcibly resists Section 13. Arrest after escape or
before the officer has opportunity so to inform rescue.
him, or when the giving of such information will — If a person lawfully arrested escapes or is
imperil the arrest. rescued, any person may immediately pursue or
retake him without a warrant at any time and
Section 9. Method of arrest by in any place within the Philippines
private person.
— When making an arrest, a private person shall Section 14. Right of attorney or
inform the person to be arrested of the intention relative to visit person arrested.
to arrest him and cause of the arrest, unless — Any member of the Philippine Bar shall, at the
the latter is either engaged in the commission of request of the person arrested or of another
an offense, is pursued immediately after its acting in his behalf, have the right to visit and
commission, or has escaped, flees, or forcibly confer privately with such person in the jail or
resists before the person making the arrest has any other place of custody at any hour of the day
opportunity to so inform him, or when the giving or night. Subject to reasonable regulations, a
of such information will imperil the arrest relative of the
person arrested can also exercise the same right.
Private person here means non-police officer
Section 10. Officer may summon
assistance.
— An officer making a lawful arrest may orally
summon as many persons as he deems necessary
to assist him in effecting the arrest. Every person
so summoned by an officer shall assist him in
effecting the arrest when he can render such
assistance without detriment to himself.
Section 11. Right of officer to break
into building or enclosure.
