Rule 113

Arrest; how arrest made

1. An arrest is 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). Under
this definition, a person is arrested for a specific and definite purpose to make
him answer for the commission of an offense.

2. To make an arrest, a person need not be actually restrained by the person making
the arrest. Under the Rules of Court, a submission to the custody of the person
making the arrest already constitutes an arrest (Sec. 2, Rule 113, Rules of Court).
Whichever means is used to make an arrest, the term necessarily implies control
over the person under custody and as a consequence, a restraint on his liberty to
the extent that he is not free to leave on his own volition.

Requisites for the issuance of a warrant of arrest

1. It is constitutionally mandated that a warrant of arrest shall issue only upon
finding of probable cause personally determined by the judge after examination
under oath or affirmation of the complainant and the witnesses he/ she may
produce, and particularly describing the person to be seized

Preliminary inquiry (examination) versus preliminary investigation

1. There is a distinction between the preliminary inquiry which determines probable
cause for the issuance of a warrant of arrest and the preliminary investigation
proper which ascertains whether the offender should be held for trial or be released.
The determination of probable cause for purposes of issuing the warrant of arrest is
made by the judge. The preliminary investigation proper whether or not there is
reasonable ground to believe that the accused is guilty of the offense charged is
the function of the investigating prosecutor.

Method of arrest with a warrant; warrant need not be in possession of the

officer

1. When a warrant of arrest is issued by a judge, the warrant is delivered to the

proper law enforcement agency for execution.

The head of the office to whom the warrant of arrest was delivered 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 for its non-execution (Sec. 4, Rule
113, Rules of Court).

2. When making an arrest by virtue of a warrant, the officer shall (a) inform the
person to be arrested of the cause of his arrest, and (b) inform him of the fact that a
warrant has been issued for his arrest. The information need not be made when the
person to be arrested (a) flees, (b) forcibly resists, or (c) the giving of the
information will imperil the arrest (Sec. 7, Rule 113, Rules of Court).

3. The officer need not have the warrant in his possession at the time of the arrest.
However, after the arrest, the warrant shall be shown to him as soon as practicable,
if the person arrested so requires (Sec. 7, Rule 113, Rules of Court).

Who may make the warrantless arrest; duty of officer; citizen's arrest
The warrantless arrest may be made not only by a peace officer but also by a
private person. When the latter makes the arrest under the circumstances provided
for under the Rules, the arrest is called "citizen's arrest"

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 (People v. Garcia, 529 SCRA 519, August 8,2007).

The officer assigned to execute the warrant of arrest has the duty to deliver the
person arrested to the nearest police station or jail without unnecessary delay (Sec.
3, Rule 113, Rules of Court).

The hot pursuit exception (Bar 1997; 2004)

1. This exception found in Sec. 5(b) of Rule 113 which authorizes a warrantless
arrest provides:

"* * * When an offense has just been committed and he has probable cause to believe
based on personal knowledge of facts and circumstances that the person to be arrested
has committed it * * *."

2. The second instance of lawful warrantless arrest covered by paragraph (b) cited
above necessitates two stringent requirements before a warrantless arrest can be
effected: (1) an offense has just been committed; and (2) the person making the
arrest has personal knowledge of facts indicating that the person to be arrested has
committed it (People v. Agojo, G.R. No. 181318, April 16,2009). Under this exception
a warrantless arrest made, one year after the offense was allegedly committed is an
illegal arrest. (Bar 1997; 2004)

Method of arrest without a warrant

Arrest by an officer When making an arrest without a warrant, the officer shall
inform the person to be arrested of his (a) authority, and (b) the cause of his arrest.

This information need not be given (a) if the person to be arrested is engaged in the
commission of an offense, (b) is in the process of being pursued immediately after
its commission, (c) escapes or flees, or (d) forcibly resists before the officer has the
opportunity to so inform him, or (e) when the giving of such information will imperil
the arrest (Sec. 8, Rule 113, Rules of Court). The rules applicable to an arrest with a
warrant also apply to an arrest without a warrant. Hence, the officer may summon
assistance to effect the arrest, break into a building or an enclosure or break out
from the same (Sees. 11-12, Rule 113).

Arrest by a private person When a private person makes an arrest, he shall

inform the person to be arrested not of his authority to arrest, but of his intention to
surest him and the cause of his arrest. This information need not be given under the
same conditions as when it is an officer who makes the arrest (Sec. 9, Rule 113,
Rules of Court). The right to break into a building or an enclosure specifically refers
to an 'officer' and not to a private person (Sec. 11, Rule 113, Rules of Court).

Rights of a person arrested (R.A. 7438)

1. The rights of a person arrested, detained or under custodial investigation are
spelled out by Republic Act No.7438. These rights are:
(a) The right to be assisted by counsel at all times (Sec. 2[a], RA. 7438);
(b) The right to remain silent (Sec. 2[b], RA. 7438);
(c) The right to be informed of the above rights (Sec. 2[b], RA. 7438); and
(d) The right to be visited by the immediate members of his family, by his counsel,
or by any non-governmental organization, national or international (Sec. 2[f}, RA.
7438).

Effect of admission to bail on objections to an illegal arrest

An application for or admission to bail shall not bar the accused from challenging
the validity of his arrest or the legality of the warrant issued, provided that he raises
the objection before he enters his plea. The objection shall be resolved by the court
as early as practicable but not later than the start of the trial of the case
Waiver of the illegality of the arrest; effect of illegal arrest (Bar 2000;
2001)
A warrantless arrest is not a jurisdictional defect and any objection to it is waived
when the person arrested submits to arraignment without any objection. If the
appellants are questioning their arrest for the first time on appeal, they are,
therefore, deemed to have waived their right to the constitutional protection against
illegal arrests and searches (People v. Aminola, G.R. No. 178062, September
8,2010).