Delfin, Mary Nespher CRIMINAL PROCEDURE

La Madrid, Rafael ATTY. BYRON SAN PEDRO

Panganiban, Shanna Mae ARELLANO LAW
Pinlac, Jairus
Ramarama, Jico
Toledo, Madeline
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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.

Arrest

1. Deprivation of liberty of the citizen = interest of society

2. Liberty of an individual is properly infringed when:
Authorized by law
In the interest of society

Diplomatic and Parliamentary Immunity

1. Diplomatic representatives: ambassadors and ministers

Not including: consuls, vice-consuls and other commercial
representatives of foreign nations
Punishment: expulsion from country

2. Sec. 11, Article VI of the 1987 Constitution

A senator or member of the House of Representatives shall in all offenses

punishable by not more than six years imprisonment, be privileged from
arrest while the Congress is in session

Violation is penalized under Article 145 of the Revised Penal Code

When is arrest not necessary?

1. When accused VOLUNTARILY APPEARS after complaint is filed against him

CASE:
People vs. Joson (G.R. No. 22366)
Moreover, it may be added that when the defendants voluntarily appeared after the
complaint was presented against them and gave bonds for their appearance at any
time they may be called, no arrest is necessary. Voluntary appearance relieves the
necessity of an actual arrest.

RULE 113 - ARREST 1

 Warrant of Arrest

1. Sec. 2, Article III of the 1987 Constitution

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.

Ho vs. People (G.R. No. 106632)

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.

People vs. Barba (G.R. No. L-27615-16)

Their objective, as clearly observed by the lower court, was not to inflict loss
of freedom to the complainants but to weaken management resistance so that
it would give in to their demands. While no doubt to be deplored, 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.
Remedy for warrants improperly issued

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.

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 2. Appropriate time to raise Objection

a) Right after the arrest:

De Asis vs Romero (G.R. No. L- 33125)
De Asis could have, right after his arrest, objected to the regularity of the
issuance of the warrant of arrest in question. Instead he not only filed a
petition for bail with the lower court, thereby accepting the court's
jurisdiction over his person, but he also pleaded, on arraignment, to the
information filed against him.

b) Before the accused enters his plea

People vs. Marquez (G.R. No. L-23654)
The settled doctrine in this jurisdiction is that the right to the preliminary
investigation petition itself must be asserted or invoked before the plea,
otherwise, it is deemed waived.

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.

What constitutes arrest?

1. Actual restraint of a person to be arrested

2. Submission to the custody of the person making the arrest

Reasonable amount of force ay be used to effect arrest

CASES:

People vs. De Lima (G.R. No. L-18660)

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 the hand, which
compelled the policeman to resort to such an extreme means, which, although
it proved to be fatal, was justified by the circumstances.

Aballe vs. People (G.R. No. L-64086)

"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 . . ."

RULE 113 - ARREST 3

 Employment of violence or unnecessary force not allowed

CASES:

People vs. Oanis (G.R. No. 47722)

It may be true that Balagtas was a notorious criminal, a life-termer, a fugitive
from justice and a menace to the peace of the community, but these facts alone
constitute no justification for killing him when, in effecting his arrest, he offers
no resistance, or in fact no resistance can be offered, as when he is asleep.

US vs. Campo (G.R. No. 4092)

The accused could not allege that he acted in the compliance of a duty or in
the lawful exercise of a right, because in the case in question he was not
authorize to shoot in order to capture an individual who was fleeing and who
offered no resistance whatever.

Reported by: PANGANIBAN, S

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.

Duty of arresting officer:

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.

Once arrest is made:

The officer executing the warrant is directed to deliver the person arrested to the
nearest police station or jail.

It shall be the duty of arresting officer:

a. Inform him of the reason of the arrest;

b. Show the warrant of arrest if any;
c. Inform of his constitutional rights to remain silence and to counsel and
that any statement he might make could be used against him.

Reported by: RAMARAMA, J

RULE 113 - ARREST 4

Section 3. Rule 113: 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)

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:

People vs. Givera,

The Supreme Court held that the accused-appellant claims that his arrest at
the East Avenue Medical Center on May 4, 1996 was made without a warrant.
This is not true. He was arrested by virtue of a warrant issued by the court
on April 27, 1995. However, as the records show, the warrant of arrest was
returned unserved by the arresting officer on June 7, 1995 as accused-
appellant could not be found. He was finally found only on May 4, 1996.
Now, no alias warrant of arrest is needed to make the arrest. 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.

Sec 5. Arrest without warrant, when lawful. A peace officer or a private person may,
without a warrant, arrest a person:

When in his presence, the person to be arrested has committed, is actually

committing, or is attempting to commit an offense;

RULE 113 - ARREST 5

 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

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)

Warrantless Arrest under Paragraph (a)

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.

In the presence, definition

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.
People v. Evaristo (216 SCRA 431)

RULE 113 - ARREST 6

CASES:

People v. Caco, 222 SCRA 49:

Held: The arrest is valid. The legality and validity of the search and seizure is
beyond dispute. Appellant was caught in flagrante selling marijuana to the
poseur-buyer. Under Section 5, Rule 113 of the Revised Rules of Court, she
could be, as in fact she was, lawfully arrested without a warrant because she
was then committing or has just committed a crime in the presence of the
policemen.

Warrantless Arrest under Paragraph (b)

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:

People v. Malasuqui, 63 Phil 221:

Facts: A Chinese merchant was found lying on the ground with several
wounds in the head. He received a wound on the upper part of his forehead,
and died as a result of this wound shortly afterward in the hospital. When
Tan Why was found on the morning in question, he was still alive and able to
answer laconically "Kagui. The appellant was known by this name in the
area, whereupon a lieutenant of the Constabulary ordered his immediate
arrest.
Held: The arrest is valid. Peace officers may make arrests without judicial
warrant, not only when a crime is committed or about to be committed in
their presence but also when there is reason to believe or sufficient ground to
suspect that one has been committed and that it was committed by the
person arrested by them.

Personal knowledge, concept

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.

RULE 113 - ARREST 7

 Alih v. Castro (151 SCRA 279)
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.

A reasonable suspicion therefore must be founded on probable cause,

coupled with good faith on the part of the peace officers making the arrest.

Warrantless Arrest under Paragraph (c)

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.

Parulan v. Director of Prisons (22 SCRA 638)

Facts: Petitioner was confined in the state penitentiary serving a sentence.
He was then transferred to the military barracks under the custody of the
Stockade Officer of the said military barracks. In that month, while still
serving his prison term as aforesaid, he effected his escape from his
confinement. Petitioner was recaptured.
Held: The arrest is valid. It may not be validly said that after the convict shall
have escaped from the place of his confinement the crime is fully
consummated, for, as long as he continues to evade the service of his
sentence, he is deemed to continue committing the crime, and may be
arrested without warrant, at any place where he may be found. Rule 113 of
the Revised Rules of Court may be invoked in support of this conclusion, for,
under section 6[c] thereof, one of the instances when a person may be
arrested without warrant is where he has escaped from confinement.

RULE 113 - ARREST 8

Persons authorized to conduct warrantless arrest
1. Private citizens
2. Peace officers:
a. Police officers (RA 6945)
b. NBI agents (RA 157)
c. Philippine Constabulary officers (Sec. 848, Administrative Code)
d. Municipal Mayors (US v. Vicentillo, 19 Phil 118)
e. Barangay captains (US v. Fortaleza, supra)

Arrests made 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)

US v. Santos (36 Phil 853)

Facts: Dionisio Santos, a policeman, acting under the orders of his chief who desired
to put a stop to pilfering in a certain locality, patrolled this district, and about
midnight, seeing two persons in front of an uninhabited house and then
entering an uninhabited camarin, arrested them without warrant, although
no crime had been committed, and took them to the municipal presidencia
whereby they were detained in the jail for six or seven hours when they were
released.
Held: The arrest is valid. One should however not expect too much of an ordinary
policeman. He is not presumed to exercise the subtle reasoning of a judicial
officer. Often he has no opportunity to make proper investigation but must
act in haste on his own belief to prevent the escape of the criminal. To err is
human. Even the most conscientious officer must at times be misled. If,
therefore, under trying circumstances and in a zealous effort to obey the
orders of his superior officer and to enforce the law, a peace officer makes a
mere mistake in good faith, he should be exculpated. Otherwise, the courts
will put a premium on crime and will terrorize peace officers through a fear
of themselves violating the law.

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.

Reported by: LA MADRID, RAFAEL

RULE 113 - ARREST 9

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

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

1. The cause of the arrest; and

2. The fact that a warrant has been issued for his arrest.

EXCEPTIONS: In the following instances, the failure of the arresting officer to inform
the arrestee of the above is excusable:

1. When the person to be arrested flees; or

2. When the person to be arrested forcibly resists before the officer has opportunity to
so inform him of the cause of his arrest and of the fact that a warrant has been
issued for his arrest; or
3. When the giving of such information will imperil the arrest.

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

RULE 113 - ARREST 10

Generals arguments with respect thereto. The applicable provision is not Section 5 on Rule 113 on
warrantless arrest, but Section 7, Rule 113.
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 his
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.

GENERAL RULE: the officer must inform the person to be arrested of:

1. His (arresting officers) authority; and

2. The cause of the arrest

EXCEPTIONS: In the following instances, the officers failure to apprise the arrestee of
his authority and the cause of the arrest is justified:

1. When the person to be arrested is then engaged in the commission of an offense;

2. When the person to be arrested is pursued immediately after its commission;
3. When the person to be arrested is pursued immediately after escape;
4. When the person to be arrested flees;
5. When the person to be arrested forcibly resists before the officer has opportunity to
so inform him;
6. When the giving of such information will imperil the arrest.

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.

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Section 9, Rule 113: 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 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.

As a rule:

Private person making an arrest:

(1) Should inform the person to be arrested of the intention; and

(2) to arrest and cause of arrest

Except:
Person to be arrested:

(a) Engaged in the commission of an offense, (in flagrante delicto)

(b) Pursued immediately after its commission; (hot pursuit) or

(c) Has escaped, flees; or

(d) Forcibly resists before the person making the arrest has opportunity to so inform
him; or

(e) Giving information will imperil the arrest

Application of last paragraph of Section 5, Rule 113

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):

Summon persons deemed necessary to effect the arrest (Aid of Citizens)

- Person called on to assist an officer in making arrest may do what officer himself might
lawfully do; and

- He acts with all the authority of a formally deputized officer.

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 Person whose sought was aid:

- Can render it w/o detriment to himself; and

- No sanction against private citizen who shall refuse to render assistance

Art. 149, RPC

Reported by: RAMARAMA, J

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:

1. The person to be arrested is or is reasonably believed to be inside the building or enclosure.

2. The officer had already announced his authority AND purpose.
3. He was denied admittance to said building or enclosure.

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.

Note: This is only applicable to officers.

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.

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.

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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.

RA 7438 defined certain rights of persons arrested, detained, or under custodial

investigation, with the penalties for violations thereof.

Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation;

Duties of Public Officers.

(a) Any person arrested detained or under custodial investigation shall at all
times be assisted by counsel.

(b) Any public officer or employee, or anyone X X X X X X.

(f) Any person arrested or detained or under custodial investigation shall be

allowed visits by or conferences with any member of his immediate family, or
any medical doctor or priest or religious minister chosen by him or by any
member of his immediate family or by his counsel, or by any national non-
governmental organization duly accredited by the Commission on Human
Rights of by any international non-governmental organization duly
accredited by the Office of the President. 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.

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.

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