Rule 113.
Arrest
Arrest – taking a person into custody in order that
he may be bound to answer for the commission of
some offense, made by an actual restraint of the
person or by his submission to custody
General Rule: No person may be arrested
without a warrant.
Not all persons detained are arrested; only those
detained to answer for an offense.
"Invitations" are not arrests and are usually not
unconstitutional, but in some cases may be taken
as commands;
however, the practice of issuing an "invitation" to a
person who is investigated in connection with an
offense he is suspected to have committed is
considered as placing him under “custodial
investigation.” (RA 7438 – Custodial
Investigation)
WA remain valid until arrest is effected, or the
warrant is lifted
Arrest may be made at any time of the day or night
Warrantless arrests by peace officer or private
person.
1) person to be arrested is committing, attempting or
has committed offense
2) offense has just been committed and person
making arrest has personal knowledge the person
to be arrested committed it.
Warrantless arrest anytime for continuing offense
like rebellion, subversion
The continuing crime, not the crime finally
charged, needs only be the cause of arrest
3. person to be arrested is escaped detainee (either
serving sentence or case pending)
4. person lawfully arrested, escapes
5. Bondsman, for purpose of surrendering the
accused
6. Accused attempts to leave country without court
permission
Procedure: With warrant:
1) Complainant files application with affidavits
attached
Judge conducts ex parte preliminary exam to
determine probable cause
Personally examine witness
Witness must be under oath
Examination must be reduced to writing
2) In determining probable cause, the judge may
rely on findings by police officer
3) Judge issues WA - If without preliminary exam,
considered irregular
4) If peace officer is unable to serve warrant 10
days after issuance, he must file a report and
explanation with judge within 10 days
5) If warrant served
Person informed that he is being
arrested
Informed of cause of his arrest
Officer may break door or window if
admission to building is refused
