RULE 113 ARRESTSection 1 Definition of Arrest

ARRESTIt is the taking of a person into custody in order that he may be bound to answer for the commission of an offense

The application of actual force manual touching of the body physical restraint or formal declaration of arrest is not required Arrest includes submission to the custody of the person making the arrest

Diplomatic and Parliamentary immunity

Diplomatic representatives are exempt from the criminal and civil jurisdiction of foreign courts

This exemptions include freedom from arrest prosecution and punishment for violation of penal laws

but IL requires of them as a voluntary obedience to the municipal law of the foreign state a good ground for remonstrance or even for a demand upon their government for their recall if continued breaches of the law were committed

should he conspire against the safety of the State he may temporarily forfeit his personal freedom but no further punishment other than expulsion

buthellip consuls vice consuls and other commercial representatives of foreign nations do not possess the status and cannot claim the privileges and immunities accorded to ambassadors and ministers

When arrest is not necessary

1 The accused voluntarily appears after a complaint in a criminal action is filed against him and gives his bond for his appearance at any time he may be called no arrest is necessary

2 Voluntary appearance relieves the necessity for an actual arrest

Warrant of Arrest- is issued only upon a probable cause determined by a judge after examination under oath or affirmation of the complainant and the witnesses he may produce and particularly describing the person to be seized

- the question WON there is a probable cause is a matter of discretion upon the judge and his conclusion final and conclusive

- but the judge must comply strictly with the requirements for the issuance of warrants of arrest

- If no PI was conducted or if the same was conducted in violation of the rights of the accused the WOA is null and void

- judge may not issue a WOA without recommendation for bail

- nor may a WOA issue where a criminal action may not lie

Warrants improperly issued remedy for

Where a WOA was improperly issued the proper remedy is a petition to quash it not a petition for Habeas Corpus

Section 2 Arrest how made

MODES OF ARREST1 Arrest by virtue of a warrant2 Arrest without a warrant under exceptional circumstances as may be provided by statute

ESSENTIAL REQUISITES OF A VALID WARRANT OF ARREST

1 It must be 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 The warrant must particularly describe the person to be seized A warrant of arrest has no expiry date It remains valid until arrest is effected or the warrant is lifted

Section 3 Duty of arresting officer1 Arrest the accused2 Deliver him to the nearest police station or jail without unnecessary delay

Section 4 Execution of warrant

THE JUDGE ISSUES A WARRANT OF ARREST IN 2 INSTANCES

1 Upon the filing of the information by the prosecutor

bull 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 officerbull 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

A warrant of arrest has no expiry date It remains valid until arrest is effected or the warrant is lifted However Sec 4 of Rule 113 requires the head of the office who applied for warrant to execute the same within 10 days from receipt thereof and for the arresting officer assigned to execute the same to submit within 10 days from the expiration of the first 10-day period a report to the judge who issued the warrant

NOTE The return mentioned in this section refers not to the physical delivery of the very same copy of the process to the issuing court but the report of the officer charged with its execution on the action taken by him thereon (People v Givera 349 SCRA 513)

Section 5 Arrest without a warrant when lawfulLAWFUL WARRANTLESS ARREST1 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 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

4 When 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 113)

6 Where the accused attempts to leave the country without permission of the court (Sec 23 Rule 114)

NOTES1 In a citizenrsquos arrest the person may be arrested and searched of his body and of his personal effects or belongings for dangerous weapons or anything which may be used as proof of the commission of an offense without need of a search warrant

2 Sec 5(a) refers to arrest in flagrante delicto while Sec 5(b) refers to hot pursuit

3 Sec 5(b) authorizes warrantless arrest ldquowhen an offense has in fact just been committedrdquo The word ldquojustrdquo implies immediacy in point of time

4 Delivery of the detained person to the proper judicial authorities means the filing of the complaint or information with the municipal trial court or with the inquest fiscal or prosecutor who shall then decide either to order the release of the detained person or to file the corresponding information in court

An accused who enters his plea of NOT guilty and participates in the trial waives the illegality of the arrest Objection to the illegality must be raised before arraignment other wise it is deemed waived as the accused had voluntarily submitted himself to the jurisdiction of the court

Section 6 Time of making arrestIt may be made on any day and at any time of the day or night

Section 7 Method of Arrest by officer by virtue of warrantWhen making an arrest by virtue of a warrant the officer shall inform the person to be arrested of the cause of the arrest and the fact that a warrant has been issued for his arrest

EXCEPTIONS1 When he flees or2 Forcibly resists before the officer has opportunity to so inform him or3 When the giving of such information will imperil his 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

Section 8 Method of arrest by officer without a warrantWhen making an arrest by virtue of a warrant the officer shall inform the person to be arrested his authority and the cause of the arrestEXCEPTIONS1 When the person is engaged in the commission of an offense 2 Pursued immediately after its commission or3 Has escaped flees or4 Forcibly resists before the officer has opportunity to so inform him or5 When giving of such information will imperil the arrest

Section 9 Method of arrest by private personWhen making an arrest a private person shall inform the person to be arrested of the intention to arrest him and the cause of the arrestEXCEPTIONS1 The person to be arrested is engaged in the commission of an offense or2 Pursued immediately after its commission or3 Has escaped flees or4 Forcibly resists before the officer has opportunity to so inform him or5 When giving of such information will imperil the arrest

Section 10 Officer may summon assistance

Arresting officer may orally summon as many persons as he deems necessary to assist him in effecting the arrest

NOTE This rule does not cover a private individual making an arrest

Section 11 Right of officer to break into building or enclosureREQUISITES BEFORE AN OFFICER CAN BREAK INTO A BUILDING OR ENCLOSURE TO MAKE AN ARREST1 That the person to be arrested is or is reasonably believed to be in the said building2 That he has announced his authority and purpose for entering therein3 That he has requested and been denied admittance

NOTE Rule is applicable both where there is a warrant and where there is a valid arrest without a warrant

Section 12 Right to break out of the building or enclosure to effect releaseAn officer making an arrest who has entered a building or enclosure may break out therefrom when necessary to liberate himself

Section 13 Arrest after escape or rescueIf a person 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

Section 14 Right of an attorney or relative to visit the person arrestedThe attorney of the person arrested have the right to visit and confer privately with such person in jail or any place of custody at any hour of the day or night

RA 7438 defined the RIGHTS OF PERSONS ARRESTED DETAINED OR UNDER CUSTODIAL INVESTIGATION with the penalties for violation thereof1 Custodial investigationbull Involves any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way

bull It is only after investigation ceases to be a general inquiry into an unsolved crime and begins to focus on a particular suspect the suspect is taken into custody and the police carries out a process of interrogations that lends itself to eliciting incriminating statements that the rule begins to operate

bull Embraced in custodial investigation1048766 invited for questioning1048766 re-enactment

bull Not embraced in custodial investigation1048766 police line-up1048766 ultraviolet ray examination1048766 normal audit examination by the COA of the accountability of a public officer

2 When the threat or promise was made by or in the presence of a person in authority who has OR is supposed by the accused to have power or authority to fulfill the threat or promise the confession of the accused is inadmissible

3 Presumption of regularity in the performance of duties

bull Does not apply during in-custody investigation nor can it prevail over the constitutional right of the accused to be presumed innocent

4 The arresting officer may be held civilly liable for damages under Art 32 of the Civil Code The very nature of Art 32 is that the wrong may be civil or criminal It is not necessary that there should be malice or bad faith

5 On Civil Procedurebull Section 20 Rule 14 of the 1997 Rules of Civil Procedure provides in part that the inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of the defendant shall not be deemed a voluntary appearance Section 8Rule 15 provides that subject to the provisions of Section 1 Rule 9 a motion attacking a pleading order judgment or proceeding shall include all objections then available and all objections not

so included shall be deemed waived These changes in the 1997 Rules of Civil Procedure are applicable to criminal cases as Section 3 Rule 1 thereof provides that ldquothese rules shall govern the procedure to be observed in actions civil or criminal and special proceedingsrdquo Moreover the omnibus motion rule applies to motions to quash

6 Section 26 of Rule 114 of the New Rules of Criminal Procedure provides that bail is not a bar to objection on illegal arrest lack of or irregular preliminary investigation This is an abandonment of the Cojuangco Jr v Sandiganbayan ruling

Check-up Questions

How is an arrest madeArrest is made by an actual restraint of the person to be arrested or by his submission to the custody of the person making the arrest

What does it mean when jurisprudence says that the officer in making the arrest must ldquostand his groundrdquoIt means that the officer may use such force as is reasonably necessary to effect the arrest

What is the duty of the arresting officer who arrests a personHe must deliver the person immediately to the nearest jail or police station

Within what period must a warrant of arrest be servedThere 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

When is an arrest without warrant lawful

A peace officer or private person may arrest without warrant1 When in his presence the person to be arrested has

committed is actually committing or is about to commit an offense

2 When an offense has just been committed and he has probable cause based on personal knowledge of facts and circumstances that the person to be arrested has committed it and

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 is temporarily confined while his case is pending or has escaped while being transferred from one confinement to another

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 evidenceYes 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 ndash can he confiscate them Can he use them as evidenceHe 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

When should an arrest be madeIt can be made on any day and at any time of the day and night

Can an officer arrest a person against whom a warrant has been issued even if he does not have the warrant with him

Yes but after the arrest if the person arrested requires it must be shown to him as soon as practicable

6 Where the accused attempts to leave the country without permission of the court (Sec 23 Rule 114)

NOTES1 In a citizenrsquos arrest the person may be arrested and searched of his body and of his personal effects or belongings for dangerous weapons or anything which may be used as proof of the commission of an offense without need of a search warrant

2 Sec 5(a) refers to arrest in flagrante delicto while Sec 5(b) refers to hot pursuit

3 Sec 5(b) authorizes warrantless arrest ldquowhen an offense has in fact just been committedrdquo The word ldquojustrdquo implies immediacy in point of time

4 Delivery of the detained person to the proper judicial authorities means the filing of the complaint or information with the municipal trial court or with the inquest fiscal or prosecutor who shall then decide either to order the release of the detained person or to file the corresponding information in court

An accused who enters his plea of NOT guilty and participates in the trial waives the illegality of the arrest Objection to the illegality must be raised before arraignment other wise it is deemed waived as the accused had voluntarily submitted himself to the jurisdiction of the court

Section 6 Time of making arrestIt may be made on any day and at any time of the day or night

Section 7 Method of Arrest by officer by virtue of warrantWhen making an arrest by virtue of a warrant the officer shall inform the person to be arrested of the cause of the arrest and the fact that a warrant has been issued for his arrest

EXCEPTIONS1 When he flees or2 Forcibly resists before the officer has opportunity to so inform him or3 When the giving of such information will imperil his 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

Section 8 Method of arrest by officer without a warrantWhen making an arrest by virtue of a warrant the officer shall inform the person to be arrested his authority and the cause of the arrestEXCEPTIONS1 When the person is engaged in the commission of an offense 2 Pursued immediately after its commission or3 Has escaped flees or4 Forcibly resists before the officer has opportunity to so inform him or5 When giving of such information will imperil the arrest

Section 9 Method of arrest by private personWhen making an arrest a private person shall inform the person to be arrested of the intention to arrest him and the cause of the arrestEXCEPTIONS1 The person to be arrested is engaged in the commission of an offense or2 Pursued immediately after its commission or3 Has escaped flees or4 Forcibly resists before the officer has opportunity to so inform him or5 When giving of such information will imperil the arrest

Section 10 Officer may summon assistance

Arresting officer may orally summon as many persons as he deems necessary to assist him in effecting the arrest

NOTE This rule does not cover a private individual making an arrest

Section 11 Right of officer to break into building or enclosureREQUISITES BEFORE AN OFFICER CAN BREAK INTO A BUILDING OR ENCLOSURE TO MAKE AN ARREST1 That the person to be arrested is or is reasonably believed to be in the said building2 That he has announced his authority and purpose for entering therein3 That he has requested and been denied admittance

NOTE Rule is applicable both where there is a warrant and where there is a valid arrest without a warrant

Section 12 Right to break out of the building or enclosure to effect releaseAn officer making an arrest who has entered a building or enclosure may break out therefrom when necessary to liberate himself

Section 13 Arrest after escape or rescueIf a person 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

Section 14 Right of an attorney or relative to visit the person arrestedThe attorney of the person arrested have the right to visit and confer privately with such person in jail or any place of custody at any hour of the day or night

RA 7438 defined the RIGHTS OF PERSONS ARRESTED DETAINED OR UNDER CUSTODIAL INVESTIGATION with the penalties for violation thereof1 Custodial investigationbull Involves any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way

bull It is only after investigation ceases to be a general inquiry into an unsolved crime and begins to focus on a particular suspect the suspect is taken into custody and the police carries out a process of interrogations that lends itself to eliciting incriminating statements that the rule begins to operate

bull Embraced in custodial investigation1048766 invited for questioning1048766 re-enactment

bull Not embraced in custodial investigation1048766 police line-up1048766 ultraviolet ray examination1048766 normal audit examination by the COA of the accountability of a public officer

2 When the threat or promise was made by or in the presence of a person in authority who has OR is supposed by the accused to have power or authority to fulfill the threat or promise the confession of the accused is inadmissible

3 Presumption of regularity in the performance of duties

bull Does not apply during in-custody investigation nor can it prevail over the constitutional right of the accused to be presumed innocent

4 The arresting officer may be held civilly liable for damages under Art 32 of the Civil Code The very nature of Art 32 is that the wrong may be civil or criminal It is not necessary that there should be malice or bad faith

5 On Civil Procedurebull Section 20 Rule 14 of the 1997 Rules of Civil Procedure provides in part that the inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of the defendant shall not be deemed a voluntary appearance Section 8Rule 15 provides that subject to the provisions of Section 1 Rule 9 a motion attacking a pleading order judgment or proceeding shall include all objections then available and all objections not

so included shall be deemed waived These changes in the 1997 Rules of Civil Procedure are applicable to criminal cases as Section 3 Rule 1 thereof provides that ldquothese rules shall govern the procedure to be observed in actions civil or criminal and special proceedingsrdquo Moreover the omnibus motion rule applies to motions to quash

6 Section 26 of Rule 114 of the New Rules of Criminal Procedure provides that bail is not a bar to objection on illegal arrest lack of or irregular preliminary investigation This is an abandonment of the Cojuangco Jr v Sandiganbayan ruling

Check-up Questions

How is an arrest madeArrest is made by an actual restraint of the person to be arrested or by his submission to the custody of the person making the arrest

What does it mean when jurisprudence says that the officer in making the arrest must ldquostand his groundrdquoIt means that the officer may use such force as is reasonably necessary to effect the arrest

What is the duty of the arresting officer who arrests a personHe must deliver the person immediately to the nearest jail or police station

Within what period must a warrant of arrest be servedThere 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

When is an arrest without warrant lawful

A peace officer or private person may arrest without warrant1 When in his presence the person to be arrested has

committed is actually committing or is about to commit an offense

2 When an offense has just been committed and he has probable cause based on personal knowledge of facts and circumstances that the person to be arrested has committed it and

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 is temporarily confined while his case is pending or has escaped while being transferred from one confinement to another

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 evidenceYes 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 ndash can he confiscate them Can he use them as evidenceHe 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

When should an arrest be madeIt can be made on any day and at any time of the day and night

Can an officer arrest a person against whom a warrant has been issued even if he does not have the warrant with him

Yes but after the arrest if the person arrested requires it must be shown to him as soon as practicable

so included shall be deemed waived These changes in the 1997 Rules of Civil Procedure are applicable to criminal cases as Section 3 Rule 1 thereof provides that ldquothese rules shall govern the procedure to be observed in actions civil or criminal and special proceedingsrdquo Moreover the omnibus motion rule applies to motions to quash

6 Section 26 of Rule 114 of the New Rules of Criminal Procedure provides that bail is not a bar to objection on illegal arrest lack of or irregular preliminary investigation This is an abandonment of the Cojuangco Jr v Sandiganbayan ruling

Check-up Questions

How is an arrest madeArrest is made by an actual restraint of the person to be arrested or by his submission to the custody of the person making the arrest

What does it mean when jurisprudence says that the officer in making the arrest must ldquostand his groundrdquoIt means that the officer may use such force as is reasonably necessary to effect the arrest

What is the duty of the arresting officer who arrests a personHe must deliver the person immediately to the nearest jail or police station

Within what period must a warrant of arrest be servedThere 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

When is an arrest without warrant lawful

A peace officer or private person may arrest without warrant1 When in his presence the person to be arrested has

committed is actually committing or is about to commit an offense

2 When an offense has just been committed and he has probable cause based on personal knowledge of facts and circumstances that the person to be arrested has committed it and

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 is temporarily confined while his case is pending or has escaped while being transferred from one confinement to another

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 evidenceYes 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 ndash can he confiscate them Can he use them as evidenceHe 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

When should an arrest be madeIt can be made on any day and at any time of the day and night

Can an officer arrest a person against whom a warrant has been issued even if he does not have the warrant with him

Yes but after the arrest if the person arrested requires it must be shown to him as soon as practicable