Unit 1.

ARREST
Latin word “arrestare” which means cause to stop and “restare” which
means stay behind.
Arrest…
• Arrest:
• The taking of a person into custody in order that he may be bound
to answer for the commission of an offense. (Sec. 1, Rule 113,
Rules of Court)

• Elements:
• There is deprivation of liberty; and
• Submission of the respondent to the authorities so that he may be
bound to answer the accusations against him.

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Arrest…
• Kinds of Arrest:
• Illegal Arrest; and
• Legal Arrest

• Modes of Legal Arrest:

• Arrest by virtue of a valid warrant; and
• Arrest without a warrant under exceptional circumstances as may
be provided by Statute. (Sec. 5, Rule 113, Rules of Court)

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Arrest…
• Invitations are arrests and are usually not unconstitutional, but in
some cases may be taken as commands (Babst vs. NBI, G.R. No. L-
62992, September 28, 1984).
• However, the practice of issuing an “invitation” to a person who is
investigated in connection with an offense he is suspected to have
committed is considered as placing him under “custodial
investigation” (RA 7438).

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The Warrant of Arrest
• Arrest Warrant is an order in writing issued in the name of the People
of the Philippines signed by a judge directed to a peace officer,
commanding him/her to arrest a person designated and take him into
custody of the law in order that he/she may be bound to answer the
commission of an offense.
Essential Requisites of a Valid Warrant of
Arrest
1. It must be issued upon probable cause which may be determined
personally by a judge after an examination under oath or
affirmation of the complainant and witnesses he may produce.

Probable Cause- refers to the evidence that warrants a person of

reasonable caution in the belief that a crime was committed.
2. The warrant must particularly describe the person to be seized.
What is John Doe Warrant?
• John Doe Warrant is a warrant containing no specific person to be
arrested but only descriptions based on the testimonies of the
victim/s or the witnesses. It contains the physical description of the
accused as well as the other factors to be considered for the
identification of the accused. Also known as Richard Doe and/or Jane
Doe warrant.
Is there an Alias Warrant?
• Alias Warrant refers to the warrant of arrest issued by a judge to the
peace officer after returning the original warrant of arrest after the
lapse of the 10-day validity period.
Who is a Warrant Officer?
• Any authorized member from the law enforcement agency usually
from the PNP or NBI who holds a warrant for execution within 10
days from receipt subject to renewal in case of failure to execute the
same.
Who may issue a Warrant of Arrest?
• Judge of any competent court in the Philippines.
Arrest…
• Duty of arresting officer: (Sec 3, Rule 113)

• To make an arrest thereunder but also makes it his duty to carry

out without delay the commands thereof;
• To deliver the person arrested to the nearest police station or jail
without unnecessary delay; and
• The arresting officer has the duty to inform the person arrested of
his rights (Miranda Rights Doctrine)

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Periods of delivering a person to proper Judicial
Authority (Art. 125, Revised Penal Code)
Time/Period Penalties

12 Hours - Light penalties

18 Hours - Correctional penalties
36 Hours - Afflictive penalties
Execution of Warrant of Arrest…
• The warrant of arrest shall be executed within 10 days from receipt by
the arresting officer.

• Within 10 days after the expiration of the period, the arresting officer
shall make a report to the judge who issued the same. In case of
failure to execute the warrant, the reason(s) thereof must be stated.
(Sec 4, Rule 113, Rules of Court)

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Arrest…
• The arrest can be made on any day and at any time of the day or night
(Section 6, Rule 113)
• An arrest may be made even if the police officer is not in possession
of the warrant or arrest (Mallari vs. CA, G.R. No. 110569, December 9,
1996)
• Exhibition of the warrant is not necessary. However, after the arrest is
made and the person arrested so requires, the warrant shall be
shown to him.

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Even if not served within 10 days, a warrant
of arrest remains valid, unless:
• A. The warrant was recalled by the issuing court;
• B. The respondent was already arrested;
• C. The respondent voluntarily submitted himself/herself to the
jurisdiction of the issuing court; or
• D. The respondent died.

• Note: A warrant of arrest has NO expiry date. It remains valid until

arrest is affected or warrant is lifted.
Principles of Arrest
1. A warrant of arrest is enforceable only within the territory of the
government or state issuing the warrant.
2. In warrantless arrest based on the commission of a crime, the crime
must have been committed within the territory of the government
or state whose agents are carrying out the arrest.
3. In arrest based on warrant, it is not essential that the arresting
officer has the warrant in his possession at the time he carries out
the arrest.
Arrest…
• Section 5 – Arrest without warrant:

• General Rule: No peace officer or person has the power or

authority to arrest anyone without a warrant except in those cases
expressly authorized by law (Umil vs. Ramos, G.R. No. 81567,
October 3, 1991)

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Arrest…
• Lawful warrantless arrest:

A. When, in his presence, the person to be arrested has

committed, is actually committing, or is attempting to
commit an offense (in flagrante delicto arrests);

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Arrest…
• In flagrante delicto arrests:
• 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 vs. Evaristo, G.R.
No. 93828, December 11, 1992)

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Arrest…
B. When an offense has in fact 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 (hot
pursuit doctrine)

• There must be a large measure of immediacy between the time the

offense was committed and the time of arrest (Go vs. CA, G.R. No.
101837, February 11, 1992)

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Arrest…
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 temporarily confined while his case is pending, or
has escaped while being transferred from one confinement to
another.
• Basis: The escapee is committing a crime of Evasion of the Service of
Sentence.

D. When right is validly waived.

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Arrest…
• When an accused who was released on bail attempts to depart from
the Philippines without prior permission of the court where the case
is pending. (Sec. 23, Rule 114)
• Violent insanity
• Ailment requiring compulsory confinement in a hospital.

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  When is an arrest without warrant lawful?

• In Flagrante delicto arrest

• Hot pursuit arrest
• Escapee prisoner arrest

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  A police officer was chasing a person who had just
committed an offense. The person went inside a house,
so the police officer followed. Inside the house, the
police officer saw drugs lying around. Can he confiscate
the drugs? Can he use them as evidence?

• Yes. The plain view doctrine is applicable in this case

because there was a prior valid intrusion, the police
officer inadvertently discovered the evidence, he had
a right to be there, and the evidence was immediately
apparent.

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  What if the officer merely peeks through the window of the
house and sees the drugs – can he confiscate them? Can he use
them as evidence?

• He can confiscate them, without prejudice to his

liability for violation of domicile. He cannot use them
as evidence because the seizure cannot be justified
under the plain view doctrine, there being no
previous valid intrusion.

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  Can an officer arrest a person against whom a
warrant has been issued even if he does not have the
warrant with him?

• Yes, but after the arrest, if the person arrested

requires, it must be shown to him as soon as
practicable.

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SOP of Arrest without Warrant
a. During the initial contact with the person to be arrested, these steps
should be followed:
1. Freeze or restrain the suspect;
2. Make the proper introduction as to identity and authority to arrest;
3. Inform the arrested person of the circumstances of the arrest and recite
him/her the Miranda Warning;
4. Conduct thorough search for weapons and other illegal materials;
5. As a general rule, no unnecessary force shall be used in making the
arrest;
6. Confiscated evidence shall be properly documented; and
7. Bring the arrested person to the Police station for further investigation
and disposition;
SOP of Arrest without Warrant
b. In arresting without warrant, the officer must inform the person to be
arrested of his/her authority and cause of the arrest. However, these
may not be exactly followed if:
1. the person to be arrested is engaged in the commission of an offense;
2. he/she is pursued immediately after committing a crime or after escape;
3. He/she attempts to flee from the officer arresting him;
4. He/she forcibly resists before the officer has the opportunity to inform
him/her; or
5. When giving such information will imperil the arrest.
Extents of authority of arresting officer are as
follows:
1. Can employ necessary force to carry out the arrest (Rule 113, Sec 2, Par 2, Rules of Court)
2. Can restrain the subject in order to take him/her into custody (Rule 113, Sec. 1 and 2, Rules of
Court)
3. Can deliver subject to jail. (Rule 113, Sec 3)
4. Can orally summon as many persons as he/she deems necessary to aid him during the arrest
(Rule 113, Sec 10)
5. Can break into building or enclosure where subject is, or is reasonably believed to be, when
admittance is refused despite announcement of his/her authority and purpose (Rule 113, Sec
11), and he/she incurs no liability for trespass to dwelling because the purpose is to serve the
ends of justice (Art. 280, RPC)
6. Can break out of the building or enclosure when necessary to liberate himself/herself (Rule
113, Sec 12)
7. Can search arrested person for weapon or anything used, or constitute proof in the
commission of an offense. (Rule 126, Sec 13)
Guidelines for the use of force when making
an Arrest:
1. No resistance- Use no force
2. Resistance-use only as much force as necessary to overcome resistance.
Rule 7 of POP Manual (2010)- Reasonable force can be used during an
armed confrontation.
3. Threat to Officer’s life- use of deadly force
Rule 6 of POP Manual -The excessive use of force shall be avoided.
The use of Firearm is justifiable by virtue of the Doctrine of self-defense,
defense of relative and Defense of Stranger.
Rule 5, POP Manual- Police shall not use warning shots during any police
intervention.
Duties of Arresting officer in case of Arrest
without a Warrant
A. The arresting officer shall inform subject or suspect in the dialect or
language known to him/her. (Miranda Warning)
B. The arrested person shall be delivered to the proper authorities without
unnecessary delay and within the time prescribed in Art. 125 of RPC.
C. The person arrested without a warrant shall be delivered to the nearest
police station or jail and be subject for inquest proceedings
D. If the person arrested without a warrant waives his/her right to remain
silent under the provisions of Art 125 of the RPC and opts to give a
statement, the arresting officer shall ensure that the waiver made by the
person shall be in writing and in the presence of his counsel.
• Medical examinations of Arrested persons (POP Manual, Rule 9, Sec
8)
• No torture, force, violence, threat intimidation or any other means
which violates the free will of the suspect (POP Manual, Rule 9, Sec 8)
• Record Check (POP Manual, Rule 9, Sec 9)
• Police Blotter (POP Manual, Rule 1)
What is to be done after an Arrest
1. Photographed
2. Fingerprinted
3. Medically examined and booked
4. Record checked
5. Interview/Interrogate
6. Prepare affidavit/s
7. Line-up
8. Inquest or file charges
9. Return warrant of arrest
10. Prepare formal report
11. Minors below 15 years of age should be turned over to the DSWD within 8 hours
12. Arrest and Detention of foreign nationals shall be communicated to the DFA
Drawbacks of being an Arresting Officer
1. Arresting without legal grounds (Arbitrary Detention-Art. 124 of RPC)
2. Carrying out justified arrest without warrant, but detained the subject beyond
12-18-36 hours without inquest.(Delay in the delivery of detained person to
the proper judicial authorities-Art. 125, RPC)
3. Delaying any proceedings upon a petition for the deliberation of such detainee-
(Art. 126, RPC)
4. Pocketing arrested person’s money or other valuables (Robbery-Art. 294, RPC)
5. Investigating or taking sworn statement without informing the suspect of his
Constitutional rights(Miranda Doctrine). Viol. Of Sec 4 (a) RA 7438
6. Obstructing, preventing or prohibiting any lawyer, family member, doctor,
priest at any hour of the day or in urgent cases, of the night. Viol. Of Sec 4 (b)
RA 7438
7. Refraining from arresting an offender in consideration of any offer, promise,
gift or present. (Art 211-A RPC on Qualified Bribery)