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complaint or information:
ARREST: taking of a person into custody in order that he may be bound to Upon filing receipt of complaint of information, within 10 days he must
answer for the commission of an offense. personally evaluate the resolution of prosecutor and its supporting
evidence to establish a basis for the warrant he’s to issue. THEN HE
How an arrest is made: MAY:
1. Actual restraint of a person to be arrested; or 1. DISMISS the case if evidence on record clearly fails to establish
2. Submission to the custody of the person making the arrest. probable cause.
NOTE: application of actual force, manual touching of the 2. ISSUE a warrant if it does.
body, physical restraint or a formal declaration is not 3. ISSUE a commitment order if the accused has already been arrested
required. pursuant to a warrant issued by the judge who conducted the PI.
***Nos. 1-3 also fall under: OPTIONS OF THE TRIAL COURT UPON
LIMITIATIONS in making an arrest (what NOT to do): RECEIPT OF CRIMINAL COMPLAINT OR INFORMATION***
1. Use any violence or unnecessary force.
2. Person arrested shall not be subjected to greater restraint that is 4. In case of doubt in existence of probable cause, ORDER prosecutor
necessary for his detention. to present additional evidence within 5 days from notice and issue
must be resolved by the court within 30 days upon receipt of
Arrest of an ESCAPEE: person lawfully arrested escapes, ANY PERSON MAY complaint or information.
IMMEDIATELY PURSUE TO RETAKE HIM WITHOUT A WARRANT. NOTE: Judge not required to conduct de novo hearings in determining
When and where: any time, any place within the PH probable cause.
NOTE(2): INDEPENDENT ASSESMENT of the judge is REQUIRED.
Rights of an Attorney or Relative to visit person arrested: to visit and NOTE(3): Hearing not mandatory and indispensable in determining probable
confer privately with the person arrested in jail or any other place of cause, independent assessment is sufficient.
custody @ any hour of the day or night. (subject to reasonable regulations)
PURPOSE of determination of the Judge on existence of probable cause:
for the issuance of a warrant, if it is really needed. (aka judicial
determination of probable cause)
II. ARREST WITHOUT WARRANT IN FLAGRANTE DELICTO: caught in the act (red-handed)
A person caught in flagrante delicto committing a crime MAY be
D. WHEN: on any day & any time of the day or night ARRESTED WITHOUT WARRANT, and may be brought to the proper
E. By WHO: any police officer (even in places where he is not police station for custodial investigation3.
assigned), or any private person (also called citizen’s arrest) If circumstances warrant, brought to the Office of the Prosecutor for
F. WHO may ASSIST: officer may summon as many persons as an inquest proceeding4 to determine:
necessary, and said person shall (limitation): ASSIST ONLY WITHOUT 1. WON person should be charged before the court; or
DETRIMENT to himself. 2. Be released for further proceedings and afforded the
right to a Putang Ina
WHEN an arrest WITHOUT warrant is LAWFUL:
(Situation where Information HAS NOT BEEN FILED yet) REQUISITES for a valid warrantless arrest: in flagrante delicto
1. When, in his presence, the person to be arrested (a) has committed, 1. Person to be arrested must execute an overt act indication that he
(b) is actually committing, or (c) is attempting to commit an offense. has just committed, is actually committing, or is attempting to
2. When an offense HAS JUST BEEN committed and he has probable commit a crime. (acquiring reliable information ALONE NOT
cause2 to believe based on personal knowledge of facts or SUFFICIENT; OVERT ACT indicative of a felonious act MUST BE
circumstances that the person to be arrested has committed it. (e.g PRESENT)
entrapment operation) 2. Such overt act is done in the presence or within the view of the
(While case is pending or final judgment has been made) arresting officer.
3. When the person to be arrested is a prisoner who (a) has escaped
from a penal establishment, or place where he is serving final Evidence gathered in flagrante delicto: ADMISSIBLE
judgment, or place he is temporarily confined while case is pending
(b) or has escaped while being transferred. Duties of the ARRESTING OFFICER when making an arrest: INFORM the
person to be arrested of his authority and the cause of his arrest.
NOTE: In cases falling under 1 and 2, person arrested warrant shall be (1) EXCEPT when:
delivered to the nearest police station; and (2) be proceeded in accordance 1) When the person being arrested is engaged in the commission
with S7R112. of an offense.
2) He is pursued after its commission.
Remedies for persons arrested under 1&2: 3) He flees.
1. Before the complaint or info is filed, person may ask for a PI BUT
must sign a waiver of the provs of Art 125 of the Revised Penal
Code, in the presence of his counsel. Nothwithstanding the waiver,
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he may apply for bail and be terminated 15 days from its inception. Any questioning initiated by law enforcement officers after a person has been
taken into custody.
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An informal summary investigation conducted by a public prosecutor in a criminal
case involving persons arrested and detained without a warrant for the purpose of
determining WON said person should remain under the custody and be charged
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before the court.
4) He forcibly resists before the officer has the opportunity to An arrest can be made without a warrant when an offense has just
inform him. been committed and he has probable cause to believe based on
5) When giving of such info will imperil the arrest. personal knowledge of facts or circumstances that the person to be
arrested has committed it.
Duties of PRIVATE PERSONS when making an arrest: Inform the person to
be arrested of the cause of his arrest and the person’s intention to arrest
him. RA 9372 or The Human Security Act of 2007; WHEN VIOALATED >
EXCEPT when: Duties of the police or law enforcement officer AFTER ARREST: (before
1) When the person being arrested is engaged in the detaining the person suspected for the crime of terrorism)
commission of an offense. 1. Immediately after taking custody, police or LE officer personnel
2) He is pursued after its commission. shall notify the in writing the judge of the court nearest the
3) He flees. place of apprehension.
4) He forcibly resists before the officer has the opportunity to On Saturdays, Sundays and Holidays, or after office
inform him. hours: to the residence of the judge.
5) When giving of such info will imperil the arrest. 2. Present him or her before any judge at the latter’s residence or
NOTE: only difference between the two is what they will say upon making office nearest the place of apprehension.
the arrest. NOTE: FAILURE TO NOTIFY JUDGE > penalty of 10 years and 1 day to 12
years.
Warrantless arrest in case of violation of Intellectual Property Code
Information may be filed by prosec without the need of such Duties of the Judge after person arrested HAS BEEN PRESENTED to him:
investigation PROVIDED an inquest had been conducted. 1. ASCERTAIN the identity of the persons who made the arrest and the
person arrested.
WHEN: accused on bail be arrested without a warrant: A released on bail 2. INQUIRE on the reasons why they arrested the person in custody
may be rearrested without necessity of a warrant IF HE ATTEMPTS TO and DETERMINE (thru questioning and personal observation) WON
DEPART FROM THE PH WITHOUT PERMISSION of the court. suspect has been subjected to any physical, moral or psychological
torture by such and why.
Petition for Issuance of a Writ of Habeas Corpus5 MAY NOT be filed as a 3. SUBMIT a written report of what he observed when the subject was
remedy for a detention by a valid warrantless arrest. brought before him TO THE PROPER COURT that has jurisdiction
Said writ secures to a prisoner the right to have the cause of his over the case and person arrested WITHIN 3 CALENDAR DAYS from
detention examined and determined by a court of justice, and to the time suspect was brought to him.
have ascertained if he is held under lawful authority.
Function does not extend beyond an inquiry into the jurisdiction of Requirements for detention of arrested person under RA 9372:
the court by which it was issued and the validity of the process upon In the event of an actual terrorist attack, suspects may not be
its face. detained for 3 days WITHOUT WRITTEN APPROVAL of a mun, cit,
prov or reg official of a Human Rights Commission or judge of the
Doctrine of Hot Pursuit MTC, RTC, Sandiganbayan , or a justice of the CA nearest the place
of arrest.
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directs a person, usually a prison warden, to produce the prisoner and justify the
prisoner's detention
Arrest on a Saturday, Sunday, Holiday or after office hours: bring person
to residence of any of the officials mentioned above that is nearest the OTHER NOTES:
place of apprehension
CRIMINAL LIABILITY OF CHILD 15 AND BELOW:
Period to secure authority in writing: within 5 days after the date f Child 15 and below exempted BUT SHALL BE SUBJECTED TO AN
detention of persons concerned. INTERVENTION PROGRAM.
If child is 15 BUT BELOW 18 + acted WITH DISCENRMENT = subject
Terror attack was not established to person detained: he shall be released to appropriate proceedings.
immediately.