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RULE 113 - ARREST

Sec. 4. Execution of Warrant

10 Days 10 Days

Issuance Expiration Report


RULE 113 ARREST, SEC. 4.
Mandatory for the head of office to whom the
warrant of arrest was delivered for execution shall
cause the execution of the warrant within ten (10)
days from its receipt.
PERIOD OF WARRANT OF ARREST
Validity of a warrant of arrest is limited to ten (10)
days, after which, it becomes void.

10 days is the directory period for the executing


officer to make a return to the court.

The warrant of arrest continues to be in force even


though it was not served within the mandatory 10
day period as long as it has not been recalled or the
person named therein arrested or submitted himself
to the courts jurisdiction
PEOPLE VS. GIVERA 349 SCRA 513

HELD:
The warrant of arrest remains to be enforceable until it is executed,
recalled, or quashed. The ten (10) day period on provided on the
rules is only a directive to the officer executing the warrant to
make a return to the court.
RULE 113 ARREST, SEC. 5
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;
(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 paragraph (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.
PEOPLE VS. MALASUGUI 63 PHIL. 221

HELD:
The arrest was valid, Malasugui upon arrested, he voluntarily
permitted the officer to search him and take the articles in
question to be used as evidence against him. Peace officers
may make arrests without judicial warrant not only when a
crime is committed, or is 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 by
the person arrested.
Warrantless arrest under Paragraph A
(in flagrante delicto arrests)
While in the presence of the peace officer or private
person, the person to be arrested:

1.) Has committed an offense


2.) Actually committing an offense
3.) Attempting to commit an offense
PEOPLE VS. CACO, 222 SCRA 49
HELD:
The arrest was valid, Lilibeth Caco was caught in flagrante selling
marijuana to the poseur buyer. She was then lawfully arrested without a
warrant because she was committing or has just committed a crime in
the presence of the police officers.

IN RE: HABEAS CORPUS UMIL, ET. AL. 187 SCRA 311

HELD:
Rebellion is a continuing offense, a rebel may be arrested at any time,
with or without a warrant, as he is deemed to be in the act of committing
an offense at any time of the day or night.
Warrantless arrest under Paragraph B
An offense has just been committed

Person making the arrest has probable cause to


believe, based on personal knowledge of facts or
circumstances, that the person to be arrested has
committed it.
ALIH VS. CASTRO, 151 SCRA 279
HELD:
The search is not valid, the arrest does not fall on the warrantless arrest
provided in Sec. 5 of Rule 113. It is to note that the officer making the
arrest must have personal knowledge of certain facts or circumstances
indicating that the person to be arrested has committed an offense. In
this case, they failed to do so.

PEOPLE VS. EVARISTO, 216 SCRA 431


HELD:
The arrest so as to the search and seizure is valid. The seizure of the
firearm was valid and lawful for being incidental to a lawful arrest. The
time the officers heard gunfire, they proceeded to investigate and has
now sufficient knowledge on their part to search the house, and arrest
Evaristo.
Warrantless arrest under Paragraph C
Person to be arrested is a prisoner who has escaped:
a.) in a penal establishment
b.) in a place serving his final judgment
c.) in a place where he is temporarily confined while
case is pending
d.) and, while being transferred from one confinement
to another.
PARULAN VS. DIRECTOR OF PRISONS, 22 SCRA 638

HELD:
The arrest was valid. This case is one of the instances of a
warrantless arrest falling on Paragraph c of Rule 113 wherein
the person to be arrested has escaped from confinement.
Founding principle of this is that at the time of the arrest, the
escapee is in the continuous act of committing a crime which is
evasion the service of his sentence.
Persons authorized to make an arrest
Peace officers
Private persons
Duty of person making arrest
Person arrested in paragraphs A & B:
Offense cognizable in RTC, person must be delivered
to the nearest police station or jail and a complaint
or information must be filed against him.
Offense cognizable in MTC, person must be delivered
to the nearest police station or jail and the
corresponding charge preferred against him with the
proper court.