ARREST
What is 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.
How is an arrest made?
Arrest is made by an actual restraint of
the 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.
When may a police make an arrest?
An arrest may be made at any day and at
any time of the day or night by virtue of
a warrant of arrest issued by the court or
by warrantless arrest.
What is the duty of the arresting
officer who arrests a person?
He must deliver the person immediately
to the nearest jail or police station.
Persons arrested without a warrant of
arrest will be immediately brought to the
proper police station and kept there for
not more than 12 hours for crimes or
offenses punishable by light penalties; 18
hours for crimes or offenses punishable
by correctional penalties; and 36 hours
for crimes or offenses punishable by
capital penalties. They must undergo
inquest proceedings in accordance with
Section 7, Rule 112 of the 2000 Rules of
Criminal Procedure. Otherwise, the
private person or the police officer who
made the arrest may be held liable for
illegal or arbitrary detention as the case
may be.
Method of arrest:
What is the duty of the officer
making an arrest by virtue of a
warrant?
When making an arrest by virtue of a
warrant, the officer shall inform the
person to be arrested of the cause of the
arrest 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.
What is the duty of the officer
making an arrest without a warrant?
When making an arrest without a
warrant, the officer shall inform the
person to be arrested of his authority and
the cause of the 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.
What is the duty of the private
person making an arrest?
When making an arrest, a private person
shall inform the person to be arrested of
the intention to arrest him and the 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.
Can an officer arrest a person
against whom a warrant has been
issued even if he does not have the
warrant with him?

Yes. 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.

What are the rights of the arresting

officers?

1. To summon assistance. 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.

2. 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.

3. 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.

4. To search the person arrested for

dangerous weapons or anything which
may have been used or constitute proof
in the commission of an offense without
a warrant (Rule 126, Sec. 13).
 WARRANTLESS ARREST
When is an arrest without warrant
lawful?
A peace officer or private person may
arrest without warrant:
1. When in his presence, the person
to be arrested has committed, is
actually committing, or is about to
commit an offense;
2. When an offense has just been
committed, and he has probable
cause based on personal
knowledge of facts and
circumstances that the person to
be arrested has committed it; and
3. 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.
What are the other instances when a
person can be arrested without a
warrant outside of sec 5?
1. 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. (Rule 113, Sec. 13)
2. By the bondsman, for the purpose
of surrendering the accused. (Rule
114, Sec. 23)
3. An accused released on bail may
be re-arrested without the
necessity of a warrant if he
attempts to depart from the
Philippines without permission of
the court where the case is
pending. (Rule 114, Sec. 23, 2 nd
par.)
Requisites of in flagrante delicto:
1. The person to be arrested must
execute an OVERT ACT indicating that he
has just committed, is actually
committing, or is attempting to commit a
crime; and
2. Such overt act is done in the presence
or within
the view of the arresting officer
[Zalameda v. People, 2009; People v.
Laguio, 2007]
In his presence
Means: He sees the offense, even though
at a distance; He hears the disturbances
created by the offense and proceeds at
once to the scene; or Offense is
continuing or has been consummated at
the time arrest is made. [People v.
Evaristo (1992)]
Entrapment
An arrest made after an entrapment does
not require a warrant inasmuch as it is
considered a valid warrantless arrest
pursuant to Rule 113, Sec. 5(a) of the
Rules of Court. [Teodicio v. CA (2004)]
Buy-bust operation
When the appellant is caught in flagrante
as a result
of the buy-bust operation, the policemen
are not only authorized but are also
under obligation to apprehend the drug
pusher even without a warrant
of arrest. [People v. de Lara (1994)]
Requisites of hot pursuit arrest:
 1. An offense has just been committed;
and

There must be a large measure of

immediacy between the time the offense
was committed and the time of the
arrest. If there was an appreciable lapse
of time between the arrest and the
commission of the crime, a warrant of
arrest must be secured [People v. del
Rosario (1999); People v.
Agojo (2009)];

2. The person making the arrest has

probable cause
to believe, based on personal knowledge
of facts, that the person to be arrested
has committed it. Probable cause must
be based on personal knowledge which
means an actual belief or reasonable
grounds of suspicion [Abelita III v. Doria
(2009)].

Arrest of escaped prisoner

When the person to be arrested is a

prisoner who has escaped:

(a) From a penal establishment or place

where he is
serving final judgment OR temporarily
confined while his case is pending; or

(b) While being transferred from one

confinement to another. (Rule 113, Sec.
5(c))

Escapee may be immediately pursued or

re-arrested
without a warrant at any time and in any
place within the Philippines. (Rule 113,
Sec. 13)

Rationale: At the time of arrest, the

escapee is in
continuous commission of a crime (i.e.
evasion of
service of sentence).
 ARREST BY VIRTUE OF A WARRANT
What is a warrant of arrest?
A warrant of arrest is a legal process
issued by competent authority, directing
the arrest of a person or persons upon
grounds stated therein.
Within what period must a warrant
of arrest be served?
There is no time period. A warrant of
arrest is valid until the arrest is effected
or until it is lifted. The head of the office
to whom the warrant was delivered must
cause it to be executed within 10 days
from its receipt, and the officer to whom
it is assigned for execution must make a
report to the judge who issued it within
10 days from the expiration of the
period. If he fails to execute it, he should
state the reasons therefor.
When can the court issue a warrant
of arrest? What is the procedure for
the issuance of a warrant of arrest?
A. By the Regional Trial Court
For all RTC cases, a warrant of arrest will
naturally issue if there is probable cause.
1. Within 10 days from the filing of the
complaint or information, the judge shall
personally evaluate the resolution of the
prosecutor and its supporting evidence.
2. He may immediately dismiss the case
if the evidence on record clearly fails to
establish probable cause.
3. If he finds probable cause, he shall
issue a warrant of arrest or a
commitment order if the accused is
already under detention.
4. In case of doubt on the existence of
probable cause, the judge may order the
prosecutor to present additional
evidence within 5 days from notice and
the issue must be resolved within 30
days from the filing of the complaint or
information. (Sec. 5 (a), Rule 112, Rules
of Court)
B. By the Municipal Trial Court
PI - For those cases that require
preliminary investigation (offenses with a
penalty of at least 4 years 2 months and
1 day), follow the same procedure above.
(Sec. 5 (b), Rule 112, Rules of Court)
No PI - For cases not requiring a
preliminary investigation and not falling
under Summary Procedure, the issuance
of a warrant of arrest is subject to the
discretion of the court.
1. If within 10 days from the filing of the
complaint or information, the judge finds
no probable cause after personally
examining the evidence in writing and
under oath of the complainant and his
witnesses in the form of searching
questions and answers, he shall dismiss
the complaint or information.
2. He may require the submission or
additional evidence within 10 days from
notice. If he still finds no probable cause,
he shall dismiss the case within 10 days
from its submission or expiration of said
period.
3. If he finds probable cause, he shall
issue a warrant of arrest or a
commitment order and hold him for trial.
If he thinks that there is no necessity for
placing the accused under custody, he
may issue summons instead of a warrant
of arrest. (Sec. 8 (b), Rule 112, Rules of
Court)
Note: The procedure is basically the
same except that the issuance of a
warrant is subject to the discretion of the
court. The court may issue summons
instead of a warrant of arrest.
When is a warrant of arrest not
necessary? What are the instances
when the court need not issue a
warrant of arrest?
1. When the accused is already
under detention pursuant to a
warrant issued by the MTC in
accordance with paragraph [b] of
Section 5. - If the MTC issues a warrant
of arrest and later on the case reaches
the RTC, there is no need for the RTC to
issue another warrant because there is
already a warrant issued by the MTC. And
as a matter of fact, the accused has
already been detained.
2. When the accused was arrested
by virtue of a lawful arrest without
warrant. - If the accused was lawfully
arrested without a warrant, the
prosecutor will only conduct an inquest
proceedings. There is no need to issue a
warrant because the accused is already
under detention. The court will just issue
a commitment order just to confirm the
detention of the accused.
3. When the penalty is a fine only. -
There are crimes where there is no
penalty for imprisonment but only fine
like damage to property through reckless
imprudence. Based on the rules, there is
no need for a warrant, just an order to
appear is sufficient.
4. In cases covered by summary
procedure.
Are John Doe warrants valid?
Generally, John Doe warrants are void
because they violate the constitutional
provision that requires that warrants of
arrest should particularly describe the
person or persons to be arrested. But if
there is sufficient description to identify
the person to be arrested, then the
warrant is valid.
What are the remedies of a party
against whom a warrant of arrest
has been issued?
1. post bail
2. ask for reinvestigation
3. petition for review
4. motion to quash the information
5. if denied, appeal the judgment after
trial
Is the finding of a judge that
probable cause exists for the
purpose of issuing a warrant of
arrest subject to judicial review?
No. It would be asking the court to
examine and assess such evidence as
has been submitted by the parties before
trial and on the basis thereof, make a
conclusion as whether or not it suffices to
establish the guilt of the accused.
What are the principles governing
the finding of probable cause for the
issuance of a warrant of arrest?
1. There is a distinction between the
objective of determining probable cause
by the prosecutor and by the judge. The
prosecutor determines it for the purpose
of filing a complaint or information, while
the judge determines it for the purpose
of issuing a warrant of arrest whether
there is a necessity of placing him under
immediate custody in order not to
frustrate the ends of justice.
2. Since their objectives are different, the
judge should not rely solely on the report
of the prosecutor in finding probable
cause to justify the issuance of a warrant
of arrest. The judge must decide
independently and must have supporting
evidence other than the prosecutors
bare report.

3. It is not required that the complete or

entire records of the case during the
preliminary investigation be submitted to
and examined by the judge. He must
have sufficient supporting documents
upon which to make his independent
judgment.

Will the MTC issue a warrant under

the Rule on Summary Procedure?

NO. The MTC will only issue a warrant of

arrest if despite notice, you repeatedly
absented yourself during the trial.

Can a prosecutor issue a warrant of

arrest?

NO. Issuance of a warrant of arrest is a

judicial function; it is not a function the
executive branch.

Plain view
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.
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.