Arenas

Billones - Gresola
Canonizado
Fabros
Intal

RULE 113: ARREST

WHAT IS ARREST?

ELEMENTS OF ARREST
there

is a deprivation of liberty
submission of the respondent to the
authorities so that he may be bound
to answer the accusations against
him.

MODE OF EFFECTING
ARREST
by

an actual restraint of the person

to be arrested (by virtue of a
warrant or warrantless arrest)
by his submission to the custody of
the person making the arrest
(voluntary surrender)

REQUISITES FOR THE ISSUANCE

OF A WARRANT OF ARREST
it

must be issued 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
particularly describing the place to
be searched and the persons or
things to be seized. (Sec. 2, Art. III,

WHAT IS PROBABLE
CAUSE?

 An

arrest without probable cause is

an unreasonable seizure of a person,
and violates the privacy of persons
which ought not to be intruded by
the State. (Borlongan v. Pena, G.R.
No. 143591, May 5, 2010).

DUTY OF ARRESTING
OFFICER
to

make an arrest thereunder but

also makes it his duty to carry
without delay the commands thereof
to deliver the person arrested to the
nearest police station or jail without
unnecessary delay.

warrant of arrest does not become

stale or functus oficio unlike a search
warrant which is valid only for ten
days. A warrant of arrest remains
valid until the arrest is effected or
the warrant is lifted.

WHEN IS ARREST
WITHOUT A WARRANT
LAWFUL?

SECTION 5, RULE 113

A

peace officer or a private person may, without a

warrant, arrest a person:
When, in his presence, the person to be arrested has

committed, is actually committing, or is attempting to

commit an offense;
When an offense has just been committed and he has
probable cause to believe based on personal knowledge of
facts or circumstances that the person to be arrested has
committed it; and
When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where he is
serving final judgment or is temporarily confined while his
case is pending, or has escaped while being transferred
from one confinement to another.

RATIONALE
To

hold that no criminal can, in any

case, be arrested and searched
without a warrant, would be to leave
society to a large extent, at the
mercy of the shrewdest, the most
expert and the most depraved of
criminals facilitating their escape in
many instances. (People vs.
Malasugui 63 Phil. 221)

IN FLAGRANTE DELICTO
When,

in his presence, the person to

be arrested has committed, is
actually committing or is attempting
to commit an offense.
Probable Cause
Person to be arrested must execute an overt
act indicating that he has just committed, is
actually committing or is attempting to
commit a crime;
Such overt act is done in the presence or
within the view of the officer

IN FLAGRANTE DELICTO
An

offense is committed in the presence or

within the view of the person making the
arrest when he sees the offense, although
at a distance, or hears the disturbances
created thereby and proceeds at once to
the scene thereof; or the offense is
continuing or has been consummated, at
the time the arrest is made. (People of the
Philippines vs. Evaristo, G.R. No. 93828,
December 1, 1992)

IN FLAGRANTE DELICTO
Buy

Bust Operations the idea to

commit a crime originates from the
offender, without anybody inducing or
prodding him to commit the offense. If
carried out with due regard for
constitutional and legal safeguards a
buy bust operation deserves judicial
sanction. (People of the Philippines vs.
Agulay, G.R. No. 181747, September 26,
2008)

HOT PURSUIT
When

an offense has just been

committed and he has probable cause
to believe based on personal
knowledge of facts or circumstances
that the person to be arrested has
committed it.

Test of Immediacy there must be a large

measure of immediacy between the time the
offense was committed and the time of arrest.
(Go vs. Court of Appeals)

HOT PURSUIT
Elements:

Offense has just been committed. The

time interval between the actual
commission of the crime and the arrival of
the arresting officer must be brief (Go vs.
Court of Appeals)
Probable cause based on personal
knowledge.

HOT PURSUIT
Reasonable

Grounds of Suspicion in
the absence of actual belief of the arresting
officers, the suspicion that the person to be
arrested is probably guilty of committing the
offense is based on actual facts. A
reasonable suspicion thereof must be
founded on probable cause coupled with
good faith on the part of the peace officers
making the arrest. (Posadas vs.
Ombudsman, G.R. No. 131492, September
29, 2000)

PRISONER WHO
ESCAPED
When

the person to be arrested is a

prisoner who has escaped from a
penal establishment or place where he
is serving final judgment or is
temporarily confined while his case is
pending, or has escaped while being
transferred from one confinement to
another.

Founded on the principle that at the time of the

arrest the escapee is in the continuous act of
committing a crime, i.e., evasion of service of

PRISONER WHO
ESCAPED
This

right of arrest without a warrant of

arrest under this provision is founded on
the principle that at the time of the
arrest, the escapee is in the continuous
act of committing a crime, i.e., evasion
of service of sentence. (Paraluman vs.
Director of Prisons 22 SCRA 638)
Same rule applies from detention
prisoners who escape confinement.
(Valcorza vs. People 30 SCRA 143)

PERSONS AUTHORIZED TO
MAKE WARRANTLESS ARRESTS
Peace

officers and private citizens

Police officers
NBI Agents
Municipal Mayors
Barangay Captains
Peace officers duly authorized

WHEN SHOULD AN
ARREST BE MADE?

SECTION 6, RULE 113

Time

of making arrest An arrest

may be made on any day and at any
time of the day or night.
Unlike a search warrant which may only

be served during the day, an arrest may

be made on any day at any time even on
a Sunday, justified by the necessity of
preserving public peace.

METHOD OF ARREST

SECTION 7, RULE 113

Method

of arrest by officer by virtue

of warrant.
How does an arrest with a warrant take

place?
Officer informs the person to be arrested the
cause of the arrest and that a warrant has
been issued for his arrest
EXCEPT:
when the person flees,
forcibly resists, or
when the giving of such info will imperil the arrest

METHOD OF ARREST
Does

the arresting officer need to

have the warrant on him?
No. But if the person arrested wants to

see it, it must be shown to him as soon

as practicable.
Be wary of fake warrants!
Whenever

the arrest is made, no

violence or unnecessary force shall
be used.

METHOD OF ARREST
WITHOUT A WARRANT

SECTION 8, RULE 113

Method

of arrest by officer without a warrant.

What is the duty of the arresting officer if the arrest is

made without a warrant?

State his authority to arrest, and
The cause of his arrest.

Exceptions:
The information need not be given if the person to be

arrested:

Is engaged in the commission of the offense

Is pursuit immediately after its commission
Escapes, flees
forcibly resists before officer could do so
Giving of such will imperil the arrest

RIGHTS OF A PERSON
ARRESTED UNDER R.A. 7438
Miranda

Warning
You have the right to remain silent.
Anything you say can and will be used
against you in a court of law. You have the
right to have an attorney present during
questioning. If you cannot afford an
attorney, one will be appointed to you.

Note: Failure to read the Miranda rights to the arrested

person does not invalidate the arrest.

MIRANDA VS. ARIZONA

The

U.S. Supreme Court set

standards for law enforcement
officers to follow when attempting to
interrogate suspects whom they hold
in custody.
This warning is read after the arrest
has been made and before the police
officer questioning is conducted.

METHOD OF ARREST
BY PRIVATE PERSON

SECTION 9, RULE 113

Method

of arrest by private person. When

making an arrest, a private person shall
inform the person to be arrested of the
intention to arrest him and cause of the
arrest, unless the latter is either engaged in
the commission of an offense, is pursued
immediately after its commission, or has
escaped, flees, or forcibly resists before the
person making the arrest has opportunity to
so inform him, or when the giving of such
information will imperil the arrest

CAN AN OFFICER
SUMMON ASSITANCE?

SECTION 10, RULE 113

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.

RIGHT OF OFFICER TO BREAK

INTO OR OUT FROM BUILDING
OR ENCLOSURE

SECTION 11, RULE 113

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 12, RULE 113

Right

to break out from building or

enclosure. Whenever an officer
has entered the building or enclosure
in accordance with the preceding
section, he may break out therefrom
when necessary to liberate himself.

RULE 126, SEARCH AND

SEIZURE
Section

7. Right to break door or

window to effect search. The officer, if
refused admittance to the place of
directed search after giving notice of his
purpose and authority, may break open
any outer or inner door or window of a
house or any part of a house or anything
therein to execute the warrant or liberate
himself or any person lawfully aiding him
when unlawfully detained therein.

RULE IF THE OFFICER IS REFUSED

ADMITTANCE; KNOCK AND ANNOUNCE
RULE

Being armed with a warrant does not

justify outright entry or barging into the
place to be searched. An officer should
knock, introduce himself and announce
his purpose, and only in exceptional
cases may he forgo the same like when
his safety is endangered or when
evidence is about to be destroyed.
(Wilson vs. Arkansas, 514 U.S. 927)

RULE IF THE OFFICER IS REFUSED

ADMITTANCE; KNOCK AND ANNOUNCE
RULE

The officer may break any outer or inner door

or window of a house or any part of the house
or anything therein provided the following
requisites are complied with:
The officer gives notice of his purpose and

authority;
He is refused admittance to the place of directed
search despite notice; and
The purpose of the breaking is to execute the
warrant or to liberate himself or any person lawfully
aiding him when unlawfully detained therein.
(Section 7, Rule 126, Rules of Court).

RULE IF OFFICER IS NOT

REFUSED ADMITTANCE:

If
an
officer
is
not
refused
admittance after having announced
his purpose authority, the accused is
deemed to have voluntarily allowed
the law officer inside her dwelling.

ARREST AFTER ESCAPE

OR RESCUE

SECTION 13, RULE 113

Arrest

after escape or rescue. If a

person lawfully arrested escapes or
is rescued, any person may
immediately pursue or retake him
without a warrant at any time and in
any place within the Philippines.

VISITATION RIGHTS

SECTION 14, RULE 113

Right

of attorney or relative to visit

person arrested. Any member of the
Philippine Bar shall. At the request of the
person arrested or of another acting in his
behalf, have the right to visit and confer
privately with such person in the jail or
any other place of custody at any hour of
the day or night. Subject to reasonable
regulations, a relative of the person
arrested can also exercise the same right.