RULE 113- ARREST

1. ARREST is the taking a person into custody in order presence of making an arrest *
that he may be bound to answer for the commission of (CAUGHT IN THE ACT, IN
an offense FLAGRANTE DELICTO) *eg. buy-bust
- Only done with a valid warrant of arrest issued Requisites:
by the judge 1. Execute overt acts indicating just
- Made by an actual restraint of a person to be committed, actually committing, or
arrested or by his submission to the custody of attempting an offense;
the person making the arrest; no violence or 2. Such overt acts is in presence of the
unnecessary force shall be use in making an arresting officer
arrest * Witnesses the crime and has a
personal knowledge
WITH WARRANT Eg.
- Evaluated by judge through probable cause 1. People vs Collado (no warrant,
- Given to the police, 10 days to enforce, if not report to buy bust)

notes BY KAPSAURA
the court of the reason thereof - To raise questions for the
- Magpakilala ang officer and inform him about the question of validity, appeal
warrant arraignment.
- No violence or unnecessary of force - Section 13, Rule 126: lawfully
- Reading of Miranda Doctrine (right to remain silent, arrested may be searched for
anything you say can be used against you, right of an dangerous weapons
attorney, if he cannot afford he will be given one) 2. Umil v Ramos
- Why? For him to know his rights, at least for her right in - NPA in the hospital, Rolando Dural alias Ronnie
self-incrimination, his right to counsel. Javellion, positively recognized of the witness
- If not read, statements cant be used as evidence - Arrested for rebellion, NPA; arrest is valid
- Can be served any time, any day, night or day
b. Offense has been committed and he has
2. WARRANTLESS ARREST/ CITIZEN ARREST (either probable cause to believe based on
by a peace officer or private person) personal knowledge of facts and
a. Done in presence of an actual offense, circumstances (HOT PURSUIT), *eg.
this pertains to caught in the act has buy-bust
committed, actually committing or Requisites:
attempting to commit an offense in the 1. Offense has just been committed
RULE 113- ARREST
2. Law enforces not necessary you Reasonable suspicion grounded by pc. Coupled by good faith
personally witness the crime, has the person making the arrest.
personal knowledge of facts and
circumstances (The tenure of the rule 2. People v Acol
emphasizes the immediacy of the arrest Robbers in a jeep, warrantless arrest by the person who
reckoned from committing the crime) owned the jacket
EG.
1. People vs Cadana 3. People v Gerente
- Sources a day after the offense, Valenzuela police, mauling incident, skull fracture, marijuana,
is not valid. arrested 3 hours after the alleged killing; witness
2. Rolito Go vs CA
- Accuse arrested 6 days after the crime, is invalid 4. Abelita v Doria
Emposadas vs Ombudsman Petitioner left the crime scene of shooting; may witness,
- Warrantless Arrest 3 days after the commission of the petitioner was asked to police station but sped up and trying to

notes BY KAPSAURA
crime, invalid. get away is a ground for reasonable suspicion

The personal knowledge referred to under hot pursuit, does 5. Pestilos v Generosa
not refer to the actual knowledge of the crime because the
officer does not witness the commission. The knowledge refers c. When the person is an escapee from a
to knowledge the crime committed even if its not committed in penal establishment (ESCAPEE)
his presence. The person without warrant shall be taken into custody
in the nearest police station or jail.
SC distinguish, in flagrante the person personally witness the ● Section 13, Rule 113 - authorizes any person to
crime; hp the person making the arrest knows the crime has pursue lawfully arrested person wo escape or is
been committed but wala sha kita personally; bc he has rescued
reasonably, worthy information and coupled with its ● Section 23, Rule 114- bondsman, police officer
observation and inferences that the person actually do the or any person suitable age or discretion; to
offense; may rely to witness and victim information. arrest a person on bail who attempts to depart
from PH w/o permission of the court w/c the
1. Abelita vs Duria case is pending
Probable cause, the ground is reasonable if guilty by actual
knowledge.
RULE 113- ARREST
A. Reclusion perpetua, Reclusion temporal, Perpetual or
temporary absolute disqualification Perpetual or
INQUEST PROCEEDINGS (done by fiscal, prosecutors) temporary special disqualification, Prision mayor.
- WITHOUT WARRANT (in flagrente delicto, hot pursuit, B. Correctional penalties: Prision correccional, Arresto
prisoner’s arrest) mayor, Suspension, Destierro.
- Person already arrested, detained C. Light penalties: Arresto menor, Public censure.
- Summary in nature (madalian, mas mabilis)
- To determine if there is valid cause for the continued IF HOLIDAY AND WEEKEND,
detention INQUEST PROCEEDINGS (FISCAL, PROSECUTOR)
If offense is punishable by: - Affidavit ng complainant or arresting officer
● Light (1-30 days) - *release if no case is filed 12 hrs - Determine whether the arrested person should remain
● Correcional (30 days- 6 years) - *18 hrs in custody and charge in court
● Afflictive/ Capital (6 yrs, 1 days- 40 years) - *36 hours - What if detainee does not cooperate? REQUEST FOR
PRELIMINARY INVESTIGATION BUT STILL

notes BY KAPSAURA
Otherwise: Arbitrary detention for the police DETAINED, MUST SIGN WAIVER OF ART 125, RPC
Any public officer or employee who, without legal grounds, - IF TIME GO OVER ALLOTED TIME, ARBITRARY
detains a person, shall suffer: DETENTION, HINDI MAGKAKAPROBLEMA DAHIL
1. arresto mayor, in its maximum period to prision correccional WINAIVE MO.
in its minimum period = not exceeded three days; (AM- - Waiver should be executed in the front of his counsel.
Maximum : 4 months and 1 day to PC- 6 months- Minimum : 2 - What if inquest at nafilan na ng kaso? Pwede pa bang
months and 1 day to 4 months) magrequest ng PI? MAY REQUEST FOR PI BUT
2. The penalty prision correccional in its medium and BEFORE MAKING A PLEA OTHERWISE WAIVE.
maximum periods = continued more than three but not more *How do you plea? Guilty or not guilty?
than fifteen days; (6 months and 1 day to 4 years and 2
months)
3. prision mayor = continued for more than fifteen days but not 3. ARTICLE 125, RPC
more than six months; and (6years and 1 day to 12 years) ● Art. 125. Delay in the delivery of detained persons to
4. That of reclusion temporal, if the detention shall have the proper judicial authorities. – The penalties provided
exceeded six months (12 years and 1day to 20 years) in the next preceding article shall be imposed upon the
public officer or employee who shall detain any person
Afflictive penalties: for some legal ground and shall fail to deliver such
RULE 113- ARREST
person to the proper judicial authorities within the engaged in the commission of an offense, when the giving of
period of: such info will imperil the arrest
- twelve (12) hours, for crimes or offenses Section 9 Private person should let her/him know the intention
punishable by light penalties, or their of the arrest; unless he/she flees
equivalent; Light (1-30 days)
- eighteen (18) hours, for crimes or offenses Section 10. Officer may summon assistance. Permissible
punishable by correctional penalties, or their means to effecting the arrest may orally summon as many
equivalent; and Correcional (30 days- 6 years) persons he deems necessary to assist him
- thirty-six (36) hours, for crimes or offenses
punishable by afflictive or capital penalties, or Not extended to a private person
their equivalent. In every case, the person Section 11. Right of officer to break into building or enclosure.
detained shall be informed of the cause of his MAY BREAK INTO ANY BUILDING OR ENCLOSURE IF HE
detention and shall be allowed, upon his REFUSED TO AFTER ANNOUNCING HIS AUTHORITY AND
request, to communicate and confer at any time PURPOSE

notes BY KAPSAURA
with his attorney or counsel. Afflictive/ Capital (6
yrs, 1 days- 40 years) Section 12. Right to break out of building or enclosure. HE
- (As amended by EO No. 272, July 25, 1987. MAY BREAK OUT THEREFROM WHEN NECESSARY TO
This EO No. 272 shall take effect thirty (30) LIBERATE HIMSELF
days following its publication in the Official - A private individual is exempt of criminal
Gazzette) liability in trespassing dwelling fo his rendering
humanity and justice
Section 6. arrest any day and at any time of the day or night
Section 13. ARREST AFTER ESCAPE OR RESCUEE
Section 7. when making an arrest by virtue of warrant - The arrestee is lawfully arrested
Officer shall inform the person to be arrested, the fact of the
warrant except he flees. Section 14. RIGHT OF ATTORNEY OR RELATIVE TO VISIT
If not on hand, it will be shown IMMEDIATELY after.. PERSON ARRESTED.
Have the right to visit and confer privately with such person in
Section 8. Method of officer without warrant the jail or any other place of custody at any hour of the day or
Police officer shall inform the person to be arrested of his night, subject to reasonable regulation, a relative of the person
authority and the cause of arrest unless the latter is either arrested can also exercise the same right
RULE 113- ARREST
SEC 20, ART 4, 1987 CONSTITUTION, c. Right to talk an attorney before beig questioned and to
Section 12, Art 3 BILL OF RIGHT have his counsel present w/o being questioned
ART 125, RPC d. If he cannot afford, he will be provided with one
Right to remain silent and right to counsel
Effects of invalid or illegal arrest
RA 1783 a. The failure to acquire jurisdiction over the person of the
The accused conferred of counsel accused
Might be waived b. Criminal liability of law enforces for illegal arrest;
Right to counsel- with the assistance of the counsel, waiver is arbitrary detention
made intelligently in writing c. Any search incident to the arrest becomes invalid thus
rendering the evidence acquired as constitutonally
RA 857, EO 155 inadmissible
Any public officer or employee acting in his order who shall
obstruct entitled to practice and conferring person arrested, *VALID ARREST MAY LEAD TO VALID SEARCH OR

notes BY KAPSAURA
shall be punished by prision correcional SEIZURE.

RA 7438 defined rights *IF NO SEARCH OR SEIZURE, NOT VALID.

Custodial investigation- questioning iniatied by law
enforcement officers in custody or deprived by liberation; starts *SEIZING OF ITEMS ONLY BY PLAIN VIEW. IF NOT, CAN
to focus a person as suspect BE CALLED A FRUIT OF A POISONOUS TREE CAN BE SET
ASIDE, INADMISSIBLE IN COURT.
Must have a counsel from start of investigation, independent
and competent counsel

MAYOR AS COUNSEL, VALID

Expanded: include invitation of person being investigated w/o

prejudice of officer violation of law

MIRANDA DOCTRINE
a. Right to remain silent
b. Anything he says and will can be used against him
RULE 113- ARREST

notes BY KAPSAURA