CRIMINAL

PROCEDURE NOTES (2013-2014)

RULE 113: ARREST

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)

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)

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

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)

CLASS NOTES BY RACHELLE ANNE GUTIERREZ

ATTY. TRANQUIL SALVADOR

I. Effective life of a warrant of arrest

A warrant of arrest is effective until (1) served or (2) set aside by

the Court.

The 10 days as provided in Section 4, is ONLY the 10 days for the

public or police officers to comply with the service of the
warrant of arrest.

II. CONTRAST: Effective life of a search warrant

The search warrant is only effective for 10days, thereafter it will

have no effect already.

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

In cases falling under paragraphs (a) and (b) above, the person
arrested without a warrant shall be forthwith delivered to the nearest

CRIMINAL PROCEDURE NOTES (2013-2014)

police station or jail and shall be proceeded against in accordance with

Section 7 of Rule 112. (5a)

I. Section 5(a) ! In Flagrante Delicto

In flagrante delicto ! you were caught while committing, about

to commit, or has just committed in his presence

In his presence ! Meaning it was within sight or it was within

The crime was just committed but not in his presence.

Requires that the arresting officer (or private individual) has

personal knowledge of facts and circumstances, and there is
probable cause to believe that the accused committed it.
o He did not see it happen. It has not just been committed
in his presence, but, it has just been committed and
based on the facts and circumstances he was able to
conclude that the person to be arrested has in fact
committed

Example:
o

Facts: Mr. A was on board an FX, and it was held-up,

one person made a statement, this is a hold-up! So
bring out all of your valuables! Once all the valuables
were taken by the hold uppers, they left, they jumped
out of the FX, MR. A immediately alighted the FX, saw a
police officer ran towards him and explained and
pointed to the running hold-uppers.
Issue: Can the police officer arrest them? Yes.

CLASS NOTES BY RACHELLE ANNE GUTIERREZ

ATTY. TRANQUIL SALVADOR

Ratio: Was it in his presence? NO, but based on facts

and circumstances, there is what, reasonable ground to
believe based on probable cause, that he has
committed it.

III. Section 5(c) ! Escapee

perception or hearing.

II. Section 5(b) ! In Hot Pursuit

A person who escapes from a prison cell, whether permanently

detained or temporarily detained.

IV. Other instances of a valid warrantless arrest

Section 13, Rule 113

o A person who escapes or is rescued may be validly
arrested without a warrant.

Section 23, Rule 114

o A person who is out on bail cannot depart from the
Philippines without an approval from the court. If he
departs, he may be arrested without a warrant.

V. Requisites for application of Section 5, Rule 113
1. The person to be arrested must execute an overt act.
o There should be an overt act indicating that he has
committed, is actually committing, or has just
committed a crime.
2. Such overt act was done or committed in his presence or within
the view of the arresting officer.

People v. Laguio
o Facts: SPO2 Vergel De Dios, Rogelio Anoble and a
certain Arrelano for unlawful possession of shabu.
Redentor Teck and Joseph Junio were identified as the

CRIMINAL PROCEDURE NOTES (2013-2014)

ATTY. TRANQUIL SALVADOR

source of the drug and where thereafter caught in an

entrapment operation. The two in turn claimed they
were working for Lawrence Wang. The following day,
the police saw Wang come out of the Apartment and

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 the fact that a
warrant has been issued for his arrest, except when he flees or forcibly

walked towards a parked BMW car. They approached

him, asked if he was Lawrence Wang and upon
confirmation immediately frisked him and asked him to
open the back compartment of the car. When they
frisked him, they found in his right pocket an unlicensed

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)

Section 8. Method of arrest by officer without warrant.

AMT Cal.380 9mm Back up Pistol loaded with

ammunitions. They found in his car, a) 32 bags of shabu

with a total weight of 29.241 kilos. B)P650,000 in cash.
c) unlicensed Daewoo 9mm pistol.
Issue 1: Was there an overt act committed in their
presence that would even give rise to a suspicion? NO.
Section 5(a) does not apply.
Issue 2: Is there probable cause to believe that a crime

has just been committed and based on the facts and

circumstances presented and is there probable cause to
believe that Wang committed it? NO. Section 5(b) does
not apply.
Held: Wangs arrest was invalid.

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 to so inform him, or
when the giving of such information will imperil the arrest. (8a)

I. Duty of an officer when effecting an arrest (Section 7 & 8)

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

CLASS NOTES BY RACHELLE ANNE GUTIERREZ

If the arrest is to be made by a public officer without a warrant,

he would have to state his authority and the cause of the arrest.

If the arrest is by virtue of a warrant, the arresting officer will

have to say that hes arresting with a warrant, without
necessarily presenting the warrant of arrest, and the cause of
the arrest.

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 the cause of the arrest,

CRIMINAL PROCEDURE NOTES (2013-2014)

ATTY. TRANQUIL SALVADOR

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

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)

arrest. (9a)

I. Duty of a private citizen when effecting an arrest

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)

Section 13. Arrest after escape or rescue.
If a person lawfully arrested escapes or is rescued, any person may

General Rule: He will have to

o
o

State his intention and

The cause of the arrest

Exception: The person to be arrested is

o In the act of committing the offense
Is pursued immediately after its commission, or has
escaped or flees
Forcibly resists before the person making the arrest has
opportunity to so inform him
When the giving of such information will imperil the
person making the arrest.

immediately pursue or retake him without a warrant at any time and

in any place within the Philippines. (13)

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

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

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)

OTHER NOTES

I. Diversion (Juvenile and Welfare Act of 2006)
A. Definition

o
o
o

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

CLASS NOTES BY RACHELLE ANNE GUTIERREZ

Its a method of conciliation a method of mediation, a method

of rehabilitating the accused.

CRIMINAL PROCEDURE NOTES (2013-2014)

According to Ortega v. People, what is controlling, with respect

to exemption from criminal liability of a child in conflict with the
law is not the age at the time of promulgation of judgment, but
the age at the time of the commission of the offense.

B. When applied

If the child is below 15 years of age, the child is exempt from

criminal liability. ! And for this reason, he will not be detained,
if arrested he will be placed in the custody, or immediately
released to his parent or guardian, or if he has no known parent
or guardian, to a non-governmental organization or a religious
organization.

If the child is between 15 to 18 years of age:

o If he acted without discernment. ! Same as above.
o If he acted with discernment. ! Diversion will follow.

C. How applied

If the penalty for the offense does not exceed 6 years, Diversion
will be before the Barangay.

If the penalty for the offense exceeds 6 years, Diversion will

always be in Court.

CLASS NOTES BY RACHELLE ANNE GUTIERREZ

ATTY. TRANQUIL SALVADOR