RULE 113

ARREST
ARCE, Aya
DEONA, Renan
ELAURIA, Maria Carlota
LOPEZ, Mischelle
PENAS, Andrea Alexis
CRIMINAL PROCEDURE
RULE 113
section 1
definition of arrest
RULE 113, SEC. 1
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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.
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RULE 113, SEC. 1
DEFINITION OF ARREST
Deprivation of liberty of the citizen=
INTEREST OF SOCIETY
Liberty of an individual is PROPERLY infringed
when:
- Authorized by law
- In the interest of society
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RULE 113, SEC. 1
DEFINITION OF ARREST
When the accused VOLUNTARILY APPEARS after
a complaint is filed against him
Ex. People vs. Joson
(G.R. No. 22366, October 7, 1934)
- Voluntary appearance relieves the necessity of
an actual arrest
WHEN ARREST IS NOT NECESSARY:
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RULE 113, SEC. 1
DEFINITION OF ARREST
THOSE EXEMPT FROM ARREST:
1. DIPLOMATIC IMMUNITY
International Law: diplomatic representatives (ambassadors and
ministers)
Punishment: expulsion from the country whose laws they are
violating
Not including: consuls, vice-consuls and other commercial
representatives of foreign nations
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RULE 113, SEC. 1
DEFINITION OF ARREST
THOSE EXEMPT FROM ARREST:
2. PARLIAMENTARY IMMUNITY
Sec. 11, Article VI of the 1987 Constitution
Violation of this provision is cause for penalization under
Article 145* of the Revised Penal Code (RPC)

*Note: Article 145, RPC Violation of Parliamentary
Immunity
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RULE 113, SEC. 1
DEFINITION OF ARREST
WARRANT OF ARREST
Article III, Sec. 2 of the 1987 Constitution
Upon PROBABLE CAUSE
Determined personally by a JUDGE
Under OATH OR AFFIRMATION of the complainant and
witnesses
PARTICULARLY DESCRIBING the place and/or the persons
and things to be seized
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RULE 113, SEC. 1
DEFINITION OF ARREST
WARRANT OF ARREST: GUIDELINES
1. Ho vs. People (G.R. No. 106632, October 9, 1997)
There should be a report and necessary documents
supporting the Fiscals bare certification. All of these should be
before the Judge. The judge, before issuing a warrant of arrest,
must satisfy himself that based on the evidence submitted there
is sufficient proof that a crime has been committed and that the
person to be arrested is probably guilty thereof.
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RULE 113, SEC. 1
DEFINITION OF ARREST
WARRANT OF ARREST: GUIDELINES
2. There should be preliminary investigation without violation
of the rights of the accused.
Callante vs. Enage (G.R. No. L-27695, September 30, 1982)
The questioned order directing the issuance of a warrant for
the arrest of the accused after proceeding conducted by the
respondent Judge, without prior notice to the accused was
without any legal basis and therefore, null and void.


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RULE 113, SEC. 1
DEFINITION OF ARREST
WARRANT OF ARREST: GUIDELINES
3. Must issue a warrant WITH a recommendation for bail
Bernardo vs. Mendoza (G.R. No. L-37876, May 25, 1979)
Respondent judges graver error is in issuing a warrant of
arrest without recommendation for bail for clearly the
charges contained in Criminal Case N. 1103 did not fall
within the purview of General Order No. 2


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RULE 113, SEC. 1
DEFINITION OF ARREST
WARRANT OF ARREST: GUIDELINES
4. There must be a criminal action
People vs. Barba (G.R. No L-2715-16, September 30, 1969)
Their objective was not to inflict loss of freedom to the
complainants such conduct cannot be made a basis for a
finding of probable cause that the crime penalized by the
codal provision in question was committed.


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RULE 113, SEC. 1
DEFINITION OF ARREST
REMEDY FOR WARRANTS IMPROPERLY ISSUED
1. PETITION TO QUASH IT
Ilagan vs. Enrile (G.R. No. 70748, October 21, 1985)
If the detained attorneys question their detention
because of improper arrest the proper remedy is
not a petition for a Writ of Habeas Corpus but a
motion to quash the Warrant of Arrest, and/or the
Information.
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RULE 113, SEC. 1
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DEFINITION OF ARREST
2. RAISE THE OBJECTION OPPORTUNE TIME
Right after the arrest
De Asis vs. Romero (G.R. L-33125, September 30,
1971)- De Asis could have, right after his arrest,
objected to the regularity of the issuance of the
warrant of arrest in question.
REMEDY FOR WARRANTS IMPROPERLY ISSUED
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RULE 113, SEC. 1
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DEFINITION OF ARREST
2. RAISE THE OBJECTION OPPORTUNE TIME
Before the accused enters his plea
People vs. Marquez (G.R. L-23654, March 20,
1969)- The settled doctrine in this jurisdiction is
that the right must be asserted or invoked
before the plea, otherwise, it is deemed waived.
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REMEDY FOR WARRANTS IMPROPERLY ISSUED
RULE 113
section 2
arrest, how made
RULE 113, SEC. 2
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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 of unnecessary force shall be used in making
an arrest. The person arrested shall not be subject to a
greater restraint than is necessary for detention.
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RULE 113, SEC. 2
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ARREST, HOW MADE
ACTUAL RESTRAINT of a person to be arrested
SUBMISSION to the custody of the person
making the arrest.
WHAT CONSTITUTES ARREST:
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RULE 113, SEC. 2
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ARREST, HOW MADE
AMOUNT OF FORCE USED:
REASONABLE
People vs. De Lima (G.R. L- 18660, December 22, 1922)
That killing was done in the performance of a duty. The
deceased was under the obligation to surrender and had
no right, after evading service of his sentence, to commit
assault and disobedience with a weapon in hand, which
compelled the policeman to resort to such an extreme
means, which, although it proved to be fatal, was justified
by the circumstances.
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RULE 113, SEC. 2
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ARREST, HOW MADE
Aballe vs. People (G.R. L-64086, March 15, 1990)
The prevailing rule in this jurisdiction is that an officer
making an arrest may take from the person arrested any
money or property found upon his person which was
used in the commission of the crime or was the fruit of
the crime or which might furnish the prisoner with the
means of committing violence or escaping, or which may
be used in evidence in the trial of the cause
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AMOUNT OF FORCE USED:
REASONABLE
RULE 113, SEC. 2
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ARREST, HOW MADE
WHEN FORCE IS UNNECESSARY:
People vs. Oanis (G.R. No. 47722, July 27, 1943)
When he offers no resistance or in fact no resistance can be
offered, as when he is asleep.
US vs. Campo (G.R. No. 4092, February 6, 1908)
The accused was not authorized to shoot in order to capture
an individual who was fleeing and who offered no resistance
whatever.
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RULE 113
section 3
duty of arresting officer
RULE 113, SEC. 3
DUTY OF ARRESTING OFFICER
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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.

RULE 113, SEC. 3
DUTY OF ARRESTING OFFICER
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DUTIES:
Arrest the accused; and
Deliver the accused to the nearest police
station or jail without unnecessary delay
RULE 113, SEC. 3
DUTY OF ARRESTING OFFICER
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first rights that accrue an accused.
You have the right to remain silent when questioned.
Anything you say or do may be used against you in a
court of law.
You have the right to consult an attorney before
speaking to the police and to have an attorney present
during questioning now or in the future.
MIRANDA RIGHTS
RULE 113, SEC. 3
DUTY OF ARRESTING OFFICER
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first rights that accrue an accused.
If you cannot afford an attorney, one will be appointed for you
before any questioning, if you wish.
If you decide to answer any questions now, without an attorney
present, you will still have the right to stop answering at any
time until you talk to an attorney.
Knowing and understanding your rights as I have explained them
to you, are you willing to answer my questions without an attorney
present?
MIRANDA RIGHTS
RULE 113, SEC. 3
DUTY OF ARRESTING OFFICER
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MIRANDA RIGHTS
People v. Lacap
Extra-judicial confession of one of the accused was disregarded
admittedly done in the absence of a lawyer; a constitutional
violation.
SC pronounced:
reading the Miranda Rights shall be the responsibility of the
arresting officer and see to it that this is accomplished.
RULE 113
section 4
execution of warrant
RULE 113, SEC. 4
EXECUTION OF WARRANT
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Head of the office shall cause the warrant to be executed
within 10 days from receipt

In 10 days after expiration, officer assigned shall report to
the judge who issued the warrant.
if execution failed, the reason should be stated.

Mandatory 10-day period
hoped to remedy delay in disposition of criminal cases

RULE 113, SEC. 4
EXECUTION OF WARRANT
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No time limit is fixed for validity of arrest warrant
still in force even if not served within 10-days
not recalled
person not yet arrested or surrendered


RULE 113, SEC. 4
EXECUTION OF WARRANT
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People v. Givera
Unless specifically provided in the warrant, the
same remains enforceable until it is executed,
recalled or quashed. The ten-day period
provided in Rule 113, Sec. 4 is only a directive to
the officer executing the warrant to make a return
to the court.
RULE 113
section 5
arrest without warrant,
when lawful
Rule 113 Section 5
Arrest without warrant, when lawful.
Sec 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 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.
PROVISION
Burden of proof is on person making the arrest
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.
Burden of
proof
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)
HOWEVER!
The warrantless arrest must
fall within the provisions of
Rule 113, Section 5.
Alih v. Castro (151 SCRA 279)
(People v. Villareal GR 201363, People
v. Doria GR 125299, etc.)
Rule 113 Section 5
Paragraph (a)
(a)When in his presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense;
Elements of paragraph (a)
The person to be arrested
has committed, is actually
committing, or is
attempting to commit an
offense; and
Such is in the presence of
the peace officer or private
person to make the arrest.
In the presence
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.
US v. Samonte (16 Phil 516), People v.
Evaristo (216 SCRA 431)
Held cases Paragraph (a)
While protagonists
were exchanging hot
blows and blows, thus
constituting an open
breach of the peace
VALID
(US v. Burgueta, 10 Phil 188)
Person arrested caught in flagrante delicto conducting
an illegal cockfight VALID
(US v. Fortaleza, 12 Phil 472)
Person found in illegal possession of
an explosive VALID
(People v. Adornado, CA GR 591, April 23, 1947)
Person caught in flagrante selling
marijuana VALID
(People v. Caco, 222 SCRA 49)
Held cases Paragraph (a)
Person had commenced the commission of the crime directly by overt acts, by
breaking one board and unfastening another in order to gain entry into a
building (arrested for attempted trespass to dwelling) VALID
(People v. Lamahang, 61 Phil 703)
Subversion being a continuing offense,
the warrantless arrest of an NPA
member is VALID
(In Re Habeas Corpus Umil et. al)
Rule 113 Section 5
Paragraph (b)
(a)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
Elements of paragraph (b)
An offense has just
been committed
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.
Person arrested without warrant was named by victim
before he expired VALID
(People v. Malasuqui, 63 Phil 221)
Held cases Paragraph (b)
Person was arrested on
the basis of the
testimony of two
witnesses, on the day
following the murder
VALID
(People v. Mangalus, GR L-
10983, May 19, 1958)
Lieutenant of PC detained his
former sweetheart after being
assaulted by her brothers after
meeting her in the street in a
feigned friendly manner
because he broke his
engagement with her VALID
(People v. Ancheta, 68 Phil 415)
People v Ancheta (68 Phil 415)
Lieutenant of PC detained his former sweetheart after
being assaulted by her brothers after meeting her in the
street in a feigned friendly manner because he broke his
engagement with her VALID
The law and Article 124 of the Revised Penal Code
allow members of the Constabulary or policemen,
and in general, every public officer or employee, to
make arrest without warrant, not only where a crime
is being committed or is about to be committed in
their own presence, but also when they reasonably
believe or have ground to suspect that it has been
committed precisely by the person arrested.
Immediacy between commission and arrest
There must now be a large measure of
immediacy between the time the
offense was committed and the time of
arrest. If there be an appreciable time
lapse between the arrest and the
commission of the crime, a warrant of
arrest must be secured.
People v. del Rosario (305 SCRA 740)
Personal knowledge
The person making the arrest must
have personal knowledge of certain
facts or circumstances indicating that the
person to be taken into custody has
committed the offense.
Alih v. Castro (151 SCRA 279),
People v. Gerente, (219 SCRA 756)
Personal knowledge
Personal knowledge must be based on
probable cause which means an actual belief
or reasonable grounds of suspicion. The
grounds of suspicion are reasonable when, 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, i.e., supported
by circumstances sufficiently strong in
themselves to create the probable cause of
guilt of the person to be arrested.
Posadas v. Ombudsman (341 SCRA 388),
People v. Doria (301 SCRA 668)
Personal knowledge
A reasonable suspicion therefore must be
founded on probable cause, coupled with
good faith on the part of the peace officers
making the arrest.
Posadas v. Ombudsman (341 SCRA 388),
People v. Doria (301 SCRA 668)
Invalid arrest examples
Mere suspicion furnishes no reason
whatsoever why a person should be arrested.
US v. Hachaw (21 Phil 514)
Neither may a person be arrested without the
proper judicial process upon complaint of the
offended party or other persons.
Sayo v. Chief of Police (80 Phil 859)
Legality not dependent on actual commission
The legality of the arrest does not depend on the
indubitable existence of a crime.
US v. Sanchez (27 Phil 442)
The legality of the detention does not depend upon
the actual commission of the crime but upon the
nature of the deed
People v. Molledo (86 SCRA 667),
People v. Ancheta, supra
Rule 113 Section 5
Paragraph (c)
(a)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.
Elements of paragraph (c)
The person to be arrested is a prisoner
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 of paragraph (c)
At the time of arrest, the escapee is in the
continuous act of committing a crime, i.e., the
evasion of service of sentence.
Parulan v. Director of Prisons (22 SCRA 638)
The felon has no right to demand a warrant of
arrest.
Salonga v. Holland (76 Phil 412)
Persons authorized
Private citizens
Peace officers:
Police officers (RA 6945)
NBI agents (RA 157)
Philippine Constabulary officers (Sec. 848,
Administrative Code)
Municipal Mayors (US v. Vicentillo, 19 Phil 118)
Barangay captains (US v. Fortaleza, supra)
Arrests by peace officers
Unless acting in bad faith, they are not criminally liable
even if in the process they have committed a mistake.

Suarez v. Platon (69 Phil 556)
One should not expect too much of an ordinary
policeman. xxx Even the most conscientious officer
may sometimes be misled. If therefore, under
trying circumstances and in a zealous effort to
obey the order of his superior officer and to
enforce the law a peace officer makes a mistake
in good faith, he should be exculpated.

US v. Santos (36 Phil 853)
Duty of person making the arrest
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.

Duty of person making the arrest
Complaint must be filed within the
periods provided for in Article 125,
RPC, as amended by EO 272.
Person arrested a fugitive from
justice
Person must be delivered to the nearest
police station or jail, and notice of his
apprehension and detention furnished to
the appropriate authorities.
RULE 113
section 6
time of making arrest
RULE 113, SEC. 6
TIME OF MAKING ARREST
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An arrest may be made on any
day and at any time of the day
or night.
RULE 113
section 7
method of arrest by officer
by virtue of warrant
RULE 113, SEC. 7
METHOD OF ARREST BY OFFICER BY VIRTUE OF WARRANT
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Method of arrest
The officer shall inform the person to be arrested the cause of the arrest
and the fact that the warrant has been issued for his arrest
Note: The officer need not have the warrant in his possession at the time of
the arrest BUT must show the same after the arrest, if the person arrested
so requires
Exception to the rule on giving information
1. when the person to be arrested flees;
2. when he forcibly resists before the officer has an opportunity to inform
him; and
3. when the giving of such information will imperil the arrest.
RULE 113
section 8
method of arrest by officer
without warrant
RULE 113, SEC. 8
METHOD OF ARREST BY OFFICER WITHOUT WARRANT
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Method of arrest
The officer shall inform the person to be arrested of his authority and the
cause of the arrest w/out a warrant.
Note: Subject to the obligation of arresting officer under Art. 125 of RPC.
Exception to the rule on giving information
1. when the person to be arrested is engaged in the commission of an
offense or is pursued immediately its commission
2. when he has escaped, flees, or forcibly resists before the officer has an
opportunity to so inform him; and
3. when the giving of such information will imperil the arrest.
RULE 113, SEC. 8
METHOD OF ARREST BY OFFICER WITHOUT WARRANT
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Arresting officer must comply with the provisions of Art. 125 of
the RPC, otherwise, he may be held criminally liable for arbitrary
detention under Art. 124 of the RPC.
Jurisdiction over the person arrested must be transferred to the
judicial authorities. Art. 125 is a procedural requirement in case of
warrantless arrest. A case must be filed in court.
The person must be delivered to the judicial authorities within the
period specified in Art. 125 (Delay in the delivery of detained
persons to the proper judicial authorities).
OBLIGATION OF THE ARRESTING OFFICER AFTER THE WARRANTLESS ARREST
RULE 113, SEC. 8
METHOD OF ARREST BY OFFICER WITHOUT WARRANT
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1. Light penalties 12 hours
2. Correctional penalties 18 hours
3. Afflictive or capital penalties 36 hours
The accused should be brought to the prosecutor for inquest
proceedings wherein existence of probable cause will be
determined. Then the judge shall issue a commitment order (order
issued by the judge when the person charged with a crime is
already arrested or detained) and not a warrant.
OBLIGATION OF THE ARRESTING OFFICER AFTER THE WARRANTLESS ARREST
by private person
RULE 113
section 9
method of arrest
RULE 113, SEC. 9
METHOD OF ARREST BY PRIVATE PERSON
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Method of arrest
The private person shall inform the person to be arrested of the intention to
arrest him and the cause of the arrest

Note: Private person must deliver the arrested person to the nearest police
station or jail, otherwise, he may be held criminally liable for illegal detention.

Exception to the rule on giving information
1. when the person to be arrested is engaged in the commission of an offense
or is pursued immediately its commission
2. when he has escaped, flees, or forcibly resists before the officer has an
opportunity to so inform him; and
3. when the giving of such information will imperil the arrest.
RULE 113, SEC. 9
METHOD OF ARREST BY PRIVATE PERSON
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Key elements:
Offense was committed "in his presence";
He has personal knowledge
2 requisites must concur:
The person to be arrested must execute an overt act indicating that he had
just committed, is actually committing, or is attempting to commit a crime;
and
Such overt act is done in the presence or within the view of the arresting
person
CITIZENS ARREST
arrest effected by a private person.
officer may summon
RULE 113
section 10
assistance
RULE 113, SEC. 10
OFFICER MAY SUMMON ASSISTANCE
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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 to break into building
RULE 113
section 11
or enclosure
RULE 113, SEC. 11
RIGHT OF OFFICER TO BREAK INTO BUILDING OR ENCLOSURE
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Expressly given only to the arresting officer
Does not apply to private persons who may
also conduct arrests (Rule 113, Section 9)
WHO MAY INVOKE THE RIGHT?
RULE 113, SEC. 11
RIGHT OF OFFICER TO BREAK INTO BUILDING OR ENCLOSURE
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The doctrine that a mans house is his castle is
NOT VIOLATED by the officer making the arrest
Does not find application in criminal proceedings

* Under this doctrine, the citizen may validly prohibit
other persons from entering his home
A MANS HOUSE IS HIS CASTLE *
RULE 113, SEC. 11
RIGHT OF OFFICER TO BREAK INTO BUILDING OR ENCLOSURE
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RATIONALE:
The criminal would seek refuge in his own house, and,
shielding himself with the inviolability of his domicile, would
laugh and sneer at the rights of the citizen, and would with
impunity challenge the whole community, which would be
absolutely helpless and at the mercy of the wrongdoer.

- US v. Delos Reyes, citing Alcubillas Dissionario dela Administacion Espanola
A MANS HOUSE IS HIS CASTLE
RULE 113, SEC. 11
RIGHT OF OFFICER TO BREAK INTO BUILDING OR ENCLOSURE
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US v. DELOS REYES (20 PHIL. 467)
HELD: There are some exceptions to the rule that authorities
cannot enter a private persons domicile without a warrant. But
aside from those exceptions, said authorities cannot violate a
private persons domicile at their own will. Furthermore, the
authorities only relied on the denial of entry as evidence of
guilt. The fact that Delos Reyes refused the officers permission
to search his house for opium cannot be taken against him.
RULE 113, SEC. 11
RIGHT OF OFFICER TO BREAK INTO BUILDING OR ENCLOSURE
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POINT TO REMEMBER:
The arresting officer must first give notice of his
authority and purpose and has been refused
admittance or given the occupants an
opportunity to consent to or refuse to admit him.
right to break out from building
RULE 113
section 12
or enclosure
RULE 113, SEC. 12
RIGHT TO BREAK OUT FROM BUILDING OR ENCLOSURE
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IMPORTANT POINTS:
Also only applies only to the officer effecting the arrest,
and not to private persons mentioned in Section 9.
An officer may likewise break out from the building or
enclosure which he entered to effect the arrest of a person
As long as the act of breaking out is necessary to
liberate himself from the building or enclosure.
arrest after escape or rescue
RULE 113
section 13
RULE 113, SEC. 13
ARREST AFTER ESCAPE OR RESCUE
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IMPORTANT POINTS:
If, immediately after the person was arrested, he
escapes or he is rescued from the arresting officer, any
person is authorized under the Rules to pursue or
retake him even without a warrant of arrest.
This may be at any time and any place in the
country, as long as this is in pursuance of a fugitive.
right of attorney or relative
RULE 113
section 14
to visit person arrested
RULE 113, SEC. 14
RIGHT OF ATTORNEY OR RELATIVE TO
VISIT PERSON ARRESTED
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The lawyer and relatives of the person
arrested have a statutory right to visit and
to confer privately with the person arrested.
The relatives can exercise the right subject
to some reasonable regulations.
RULE 113, SEC. 14
RIGHT OF ATTORNEY OR RELATIVE TO
VISIT PERSON ARRESTED
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Any public officer or employee who shall obstruct, prohibit,
or otherwise prevent an attorney entitled to practice in the
courts of the Philippines from visiting and conferring
privately with a person arrested, at any hour of the day or, in
urgent cases, of the night, said visit and conference being
requested by the person arrested or by another acting in
his behalf, shall be punished by arresto mayor.
RA 857, Sec. 1:
RULE 113, SEC. 14
RIGHT OF ATTORNEY OR RELATIVE TO
VISIT PERSON ARRESTED
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Persons that shall be allowed to visit and arrested or detained person
or person under custodial investigation:
1. Any member of immediate family;
2. Medical doctor;
3. Priest or religious minister; and
4. Any national non-governmental organization duly accredited by the
Commission on Human Rights or by any international non-governmental
organization duly accredited by the Office of the President.
RA 1438, Sec. 2 (f):
RULE 113, SEC. 14
RIGHT OF ATTORNEY OR RELATIVE TO
VISIT PERSON ARRESTED
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The person's "immediate family" shall include his or her
spouse, fianc or fiance, parent or child, brother or sister,
grandparent or grandchild, uncle or aunt, nephew or niece,
and guardian or ward. (RA 1438, Sec. 2 [f])
Concept of immediate family:
RULE 113, SEC. 14
RIGHT OF ATTORNEY OR RELATIVE TO
VISIT PERSON ARRESTED
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A. Due to restraints on his liberty, an arrested person
cannot personally:
1. Post bail;
2. Engage services of counsel; and
3. Confer with witnesses.

B. For humanitarian reasons
RATIONALE
RULE 113
ARREST
thank you!
CRIMINAL PROCEDURE