MODULE 4

Arrest (RULE 113)

Section 1. Definition of arrest. — Arrest is the taking of a person into custody in

order that he may be bound to answer for the commission of an offense. (1)

 What is arrest?

o Arrest is the taking of a person into custody in order that he may be

bound to answer for the commission of an offense.

 Two elements of arrest:

1. There is deprivation of liberty

2. Submission of the respondent to the authorities so that he may be bound to

answer the accusations against him
 Thus, an accused is not required to be handcuffed or placed in
jail by the authorities in order to be considered arrested.

o Invitations are not arrests, 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” (Republic Act
7438).

 Kinds of Arrest

1. Illegal arrest
2. Legal arrest

 Modes of Legal Arrest:

1. Arrest by virtue of a valid warrant;

2. Arrest without a warrant under exceptional circumstances as may be provided
by statute. (Sec. 5, Rule 113)

 Who may Issue Warrant of Arrest?

o The 1987 Constitution speaks of judges which means judges of all levels.

 Essential Requisites of a Valid Warrant of Arrest

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 1. Issued upon probable cause which must be determined PERSONALLY by a
judge after examination under oath or affirmation of the complainant and
the witnesses he may produce;

2. After evaluation of prosecutor’s report and the evidence adduced during

the preliminary investigation;

3. The warrant must particularly describe the person to be arrested;

4. In connection with a specific offense or crime.

 Remedy for Warrants Improperly Issued

o Where a warrant of arrest was improperly issued, the proper remedy is a

motion to quash

Section 2. Arrest; how made. — An arrest is made by an actual restraint of a

person to be arrested, or by his submission to the custody of the person making
the arrest.

No violence or unnecessary force shall be used in making an arrest. The person

arrested shall not be subject to a greater restraint than is necessary for his
detention. (2a)

 Modes of Effecting Arrest:

1. By an actual restraint of the person to be arrested;

2. By his submission to the custody of the person making the arrest.

 Reasonable amount of Force may be used to effect Arrest

o An officer, having the right to arrest an offender, may use such force as is
necessary to effect his purpose, and to a great extent he is made the judge
of the degree of force that may be properly exerted.

 Upon arrest, the following may be confiscated from the person arrested:

1. Objects subject of the offense or used or intended to be used in the

commission of the crime;

2. Objects which are the fruits of the crime;

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 3. Those which might be used by the arrested person to commit violence or
to escape;

4. Dangerous weapons and those which may be used as evidence in the case.

5. Objects, the possession of which is illegal per se.

 Note: Arrest must precede the search. The process cannot be reversed.
Nevertheless, a search substantially contemporaneous with an arrest can
precede the arrest if the police have probable cause to make the arrest at the
outset of the search. Reliable information alone is not sufficient to justify a
warrantless arrest under Section 5 of Rule 113.

Section 3. Duty of arresting officer. — It shall be the duty of the officer executing
the warrant to arrest the accused and to deliver him to the nearest police station
or jail without unnecessary delay. (3a)

 What is the duty of the arresting officer who arrests a person?

o He must deliver the person immediately to the nearest jail or police

station.

 Within what period must a warrant of arrest be served?

o There is no time period. A warrant of arrest is valid until the arrest is

effected or until it is lifted. The head of the office to whom the warrant
was delivered must cause it to be executed within 10 days from its receipt,
and the officer to whom it is assigned for execution must make a report to
the judge who issued it within 10 days from the expiration of the period. If
he fails to execute it, he should state the reasons therefor.

Section 4. Execution of warrant. — The head of the office to whom the warrant of
arrest was delivered for execution shall cause the warrant to be executed within ten
(10) days from 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 judge who
issued the warrant. In case of his failure to execute the warrant, he shall state the
reasons therefor. (4a)

 The Judge issues a warrant of arrest in two instances:

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 1. Upon the filing of the information by the prosecutor.

 In issuing this kind of warrant, the judge does not personally

examine the complainant and the witnesses he may produce, but
he merely evaluates personally the report and supporting
documents and other evidence adduced during the preliminary
investigation and submitted to him by the prosecutor, and if he
finds probable cause on the basis thereof he issues the warrant for
the arrest of the accused.

2. Upon application of a peace officer.

 In this kind of warrant, the judge must personally examine the

applicant and the witnesses he may produce, to find out whether
there exists probable cause, otherwise, the warrant issued is null
and void. He must subject the complainant and the witnesses to
searching questions. The reason for this is there is yet no evidence
on record upon which he may determine the existence of probable
cause.
 The head of office to whom the warrant of arrest was
delivered for execution shall cause the warrant to be
executed within 10 days from its receipt.

 Within 10 days after the expiration of the period, the officer

to whom it was assigned for execution shall make a report to
the judge who issued the warrant. In case of failure to
execute the warrant, he shall state the reasons therefore.

Section 5. Arrest without warrant; when lawful. — A peace officer or a private

person may, without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;

(b) 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

(c) 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.

In cases falling under paragraph (a) and (b) above, the person arrested without a
warrant shall be forthwith delivered to the nearest police station or jail and shall be
proceeded against in accordance with section 7 of Rule 112. (5a)

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 General Rule: No peace officer or person has the power or authority to arrest
anyone without a warrant except in those cases expressly authorized by law

Exception: LAWFUL WARRANTLESS ARREST

1. When, IN HIS PRESENCE, the person to be arrested has committed, is actually

committing, or is attempting to commit an offense (In flagrante delicto
arrests);

2. When an offense has in fact just been committed, and he has probable cause
to believe based on PERSONAL KNOWLEDGE of fact and circumstance that the
person to be arrested has committed it (Doctrine of Hot Pursuit).

3. 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 temporarily
confined while his case is pending, or has escaped while being transferred
from one confinement to another; The same is founded on the principle that
at the time of the arrest, the escapee is in the continuous act of committing a
crime (Evasion of the service of sentence).

4. Where a person who has been lawfully arrested escapes or is rescued (Sec.
13, Rule 113);

5. By the bondsman for the purpose of surrendering the accused (Sec. 23, Rule
114); and 6. Where the accused attempts to leave the country without
permission of the court (Sec. 23, Rule 114).

 In cases falling under nos. 1 and 2, the person arrested shall be delivered to the
nearest police station or jail and shall be proceeded against in accordance with
Section 6 of Rule 112. (Formerly Sec. 7)

 If the arrest was effected without warrant, the arresting officer must comply
with the provisions of Art. 125 of the RPC.

 In Flagrante Delicto Arrests

o 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.

 The grounds of suspicion are reasonable when, in the absence of

actual belief of the arresting officers, the suspicion that the person
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 to be arrested is probably guilty of committing the offense is based
on actual facts. A reasonable suspicion therefore must be founded
on probable cause coupled with good faith on the part of the peace
officers making the arrest.

o Buy-bust Operations

 In a buy-bust operation, 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.

 A form of entrapment which has been repeatedly accepted to be a

valid means of arresting violators of the Dangerous Drugs Law. The
violator is caught in flagrante delicto and the police officers
conducting the operation are not only authorized but duty-bound
to apprehend the violator and to search him for anything that may
have been part of or used in the commission of the crime.

 The buy-bust operation and the search and seizure pursuant to the buy-
bust operation must be continuous in order to be valid.

 Elements of Hot Pursuit Arrest:

1. 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;

2. Probable cause based on personal knowledge.

 Note: Probable Cause must be based upon

“PERSONAL KNOWLEDGE” which means an actual belief or reasonable
grounds of suspicion.

 A police officer was chasing a person who had just committed an offense. The
person went inside a house, so the police officer followed. Inside the house,
the police officer saw drugs lying around. Can he confiscate the drugs? Can he
use them as evidence?

o Yes. The plain view doctrine is applicable in this case because there was a
prior valid intrusion, the police officer inadvertently discovered the
evidence, he had a right to be there, and the evidence was immediately
apparent.

 What if the officer merely peeks through the window of the house and sees the
drugs – can he confiscate them? Can he use them as evidence?

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 o He can confiscate them, without prejudice to his liability for violation of
domicile. He cannot use them as evidence because the seizure cannot be
justified under the plain view doctrine, there being no previous valid
intrusion.

Section 6. Time of making arrest. — An arrest may be made on any day and at any
time of the day or night. (6)

 Unlike a search warrant which must be served only in daytime, an arrest

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

Section 7. Method of arrest by officer by virtue of warrant. — When making an

arrest by virtue of a warrant, the officer shall inform the person to be arrested 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 has opportunity to so
inform him, or when the giving of such information will imperil the arrest. The officer
need not have the warrant in his possession at the time of the arrest but after the
arrest, if the person arrested so requires, the warrant shall be shown to him as soon
as practicable. (7a)

 Under this rule, an arrest may be made even if the police officer is not in
possession of the warrant of arrest.

 Exhibition of the warrant prior to the arrest is not necessary.

However, if after the arrest, the person arrested so requires, the
warrant shall be shown to him as soon as practicable.

Section 8. Method of arrest by officer without warrant. — When making an arrest

without a warrant, the officer shall inform the person to be arrested of his authority
and the cause of the arrest, unless the latter is either engaged in the commission of
an offense, is pursued immediately after its commission, has escaped, flees or
forcibly resists before the officer has opportunity so to inform him, or when the
giving of such information will imperil the arrest. (8a)

Section 9. 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

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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. (9a)

Exception to the rule on giving

Method of arrest
information
The officer shall inform the
person to be arrested the
1.When the person to be arrested
cause of the arrest and the
flees;
fact that the warrant has been
issued for his arrest.
2.When he forcibly resists before
Section 7 the officer has an opportunity to
Note: The officer need not
inform him; and
have the warrant in his
possession at the time of the
3.When the giving of such
arrest BUT must show the
information will imperil the arrest.
same after the arrest, if the
person arrested so requires.
1.When the person to be arrested
is engaged in the commission of an
offense or is pursued immediately
after its commission;
The officer shall inform the
person to be arrested of his 2.When he has escaped, flees, or
Section 8
authority and the cause of the forcibly resists before the officer
arrest w/out a warrant has an opportunity to so inform
him; and

3.When the giving of such

information will imperil the arrest.
The private person shall 1. When the person to be arrested
inform the person to be is engaged in the commission of an
arrested of the intention to offense or is pursued immediately
arrest him and the cause of after its commission;
the arrest.
2. When he has escaped, flees, or
Section 9
Note: Private person must forcibly resists before the person
deliver the arrested person to has an opportunity to so inform
the nearest police station or him; and
jail, otherwise, he may be held
criminally liable for illegal 3. When the giving of such
detention. information will imperil the arrest.

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
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 effecting the arrest when he can render such assistance without detriment to
himself. (10a)

Section 11. Right of officer to break into building or enclosure. — An officer, in

order to make an arrest either by virtue of a warrant, or without a warrant as
provided in section 5, may break into any building or enclosure where the person to
be arrested is or is reasonably believed to be, if he is refused admittance thereto,
after announcing his authority and purpose. (11a)

 Requisites before an officer can break into a building or enclosure to make an

arrest:

1. That the person to be arrested is or is reasonably believed to be in said

building;

2. That he has announced his authority and purpose for entering therein;

3. That he has requested and been denied admittance.

 Generally, a lawful arrest may be made anywhere, even on private property or in a

house. This rule is applicable both where the arrest is under a warrant, and where there
is valid warrantless arrest.

 This provision applies when the person making the arrest is an officer.

 The officer breaking into the building will not be liable for damages he caused as the
arrest is in the performance of his duty and under Article 11, RPC, it is considered as a
justifying circumstance.

Section 12. 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. (12a)

 A private person making an arrest CANNOT break in or out of a building or enclosure

because only officers are allowed by law to do so.

Section 13. 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. (13)

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 Where 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
country. The pursuit must be immediate.

 Note: The fugitive may be retaken by any person who may not necessarily be the
same person from whose custody he escaped or was rescued. Even a private person
may, without a warrant, arrest a convicted felon who has escaped and is at large,
since he might also, before conviction, have arrested the felon.

Section 14. 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. (14a)

 R.A. No. 7438 defined certain rights of persons arrested, detained, or under
custodial investigation, with the penalties for violations thereof.

o RA No. 7438 Section 2. Rights of Persons Arrested, Detained or Under

Custodial Investigation; Duties of Public Officers.

 Any person arrested detained or under custodial investigation shall

at all times be assisted by counsel.

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