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Arrest
The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall
be inviolable, and no search warrant or warrant of arrest shall issue except 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, and particularly describing the place to
be searched and the persons or things to be seized.
2. Guidelines:
CASES:
Callanta vs. Enage (G.R. No. L-27695)
The questioned order directing the issuance of a warrant for the arrest of the
accused after the proceeding conducted by the respondent Judge, without
prior notice to the accused but which the respondents claim to be the
preliminary examination and preliminary investigation required by the rule,
was without any legal basis and, therefore, null and void.
1. Petition to Quash
CASE:
Ilagan vs, Enrile (G.R. No. 70748)
If the detained attorneys question their detention because of improper
arrest, or that no preliminary investigation has been conducted, the remedy
is not a petition for a Writ of Habeas Corpus but a Motion before the trial
court to quash the Warrant of Arrest, and/or the Information.
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.
CASES:
Section 3. Rule 113: Duty of Arresting Officer It shall be the duty of the officer executing the
warrant of arrest the accused and deliver him to the nearest police station or jail without
unnecessary delay.
A duly issued warrant not only authorizes the proper, officer to make an arrest there
under but also makes it his duty to carry out without delay the commands thereof. It is
the duty of the officer to execute a warrant which is valid in form and issued by a court
by a competent jurisdiction, and where a warrant is valid on its face, the officer is under
no duty to inquire further into its basis or alleged invalidity before making the arrest.
The officer executing the warrant is directed to deliver the person arrested to the
nearest police station or jail.
Once the judge issues the warrant of arrest, the head of the office to whom the
warrant of arrest was delivered for execution has the duty to make sure the warrant
is served within 10 days from its receipt. Once the period expires, 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.
The reason for the mandatory 10-day to execute and report after expiration of said 10
days is to hope that it would remedy the delay in the disposition of criminal cases. But
there is no penalty for the failure to serve the warrant of arrest in the said period.
However, be it noted that no time limit is fixed for validity of an arrest warrant; it is
subsistent and continues to be in force even if not served within the mandatory 10-days
as long as it has not been recalled, or the person named therein arrested or otherwise
submitted himself to the jurisdiction of the court.
CASES:
Sec 5. Arrest without warrant, when lawful. A peace officer or a private person may,
without a warrant, arrest a person:
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 paragraphs (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.
Burden of Proof
In the arrest of a person without a warrant, the burden of proof is with the person
arresting or causing the arrest to show that the arrest was lawful.
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 v. Malasugui (63 Phil 221)
Note
The warrantless arrest must fall within the provisions of Rule 113, Section 5.
Alih v. Castro (151 SCRA 279)
Elements
1. The person to be arrested has committed, is actually committing, or is
attempting to commit an offense; and
2. Such is in the presence of the peace officer or private person to make the arrest.
Elements
1. An offense has just been committed
2. The person to make the arrest has probable cause to believe, based on
personal knowledge of facts or circumstances, that the person to be arrested
has committed it.
CASES:
Elements:
1. The person to be arrested is a prisoner
2. Said prisoner escaped from a penal establishment or place where he is
serving final judgment or is temporarily confined while his case is
pending, or while he is being transferred from one place to another.
Founding principle
At the time of arrest, the escapee is in the continuous act of committing a crime,
i.e., the evasion of service of sentence.
Person arrested under par. (a) and (b), offense recognizable by RTC
Person must be delivered to the nearest police station or jail, and a complaint or
information filed against him in accordance with Sec. 7, Rule 112.
Person arrested under par. (a) and (b), offense recognizable by MTC
Person must be delivered to the nearest police station or jail, and the
corresponding charge against him with the proper court.
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 and 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.
GENERAL RULE is: the officer must inform the person to be arrested of
EXCEPTIONS: In the following instances, the failure of the arresting officer to inform
the arrestee of the above is excusable:
Under this rule, an arrest may be made even if the police officer is not in possession of the
warrant prior to the arrest. Exhibition of the warrant of 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.
MALLARI V CA
(December 9, 1996)
HELD: This is not a case of a warrantless arrest but merely an instance of an arrest effected by the
police authorities without having the warrant in their possession at the precise moment. Finding
as it does, this court deems it unnecessary to delve into the applicability of Section 5, rule 113 of
the Rules of Courts and on the merits of both the petitioners and the Office of the Solicitor
GENERAL RULE: the officer must inform the person to be arrested of:
EXCEPTIONS: In the following instances, the officers failure to apprise the arrestee of
his authority and the cause of the arrest is justified:
PEOPLE v MAHINAY
February 1, 1999
HELD: The Court, as a guardian of the rights of the people lays down the procedure, guidelines, and
duties which the arresting, detaining, inviting or investigating officer or his companions must do
and observe at the time of making an arrest and agaisn at the time of the custodial interrogation in
accordance with the Constitution, jurisprudence and Republic Act 7438.
Reported by:
Toledo, Madeline S.
As a rule:
Except:
Person to be arrested:
(d) Forcibly resists before the person making the arrest has opportunity to so inform
him; or
Section 10, Rule 113: 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.
- Only an officer making the arrest may orally or in writing (which is more legally effective):
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.
Requisites:
Note:
A lawful arrest may be made anywhere, even on a private property or in a house. This rule
is applicable both where the arrest is under a warrant, and where there is a valid
warrantless 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.
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.
(a) Any person arrested detained or under custodial investigation shall at all
times be assisted by counsel.
As used in this Act, "custodial investigation" shall include the practice of issuing an
"invitation" to a person who is investigated in connection with an offense he is
suspected to have committed, without prejudice to the liability of the "inviting"
officer for any violation of law.