When is warrantless arrest considered lawful?

Dear PAO,

My brother was arrested after two male persons approached him in front of

our house, introduced themselves as police operatives and asked him to go

with them. Upon arrival at the police station, my brother asked for a warrant

of arrest, but the police officers failed to show him anything. We were so

surprised when my brother was charged with a criminal offense. He was just

sitting and waiting for our mother when he was arrested. Was the arrest of my

brother legal and valid?

Elisse

Dear Elisse,
Based on your narration, it appears that your brother’s situation is governed
by Section 5 of Rule 113 of the Rules of Court, which states that:

“Section 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; and

“(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… xxx”

It appears, based from the facts you have provided, that your brother was

arrested without a warrant of arrest. In the case of People vs Pavia, et al. (GR

202687, Jan. 14, 2015), the Supreme Court through Associate Justice Jose
Perez elucidated:
“Paragraph (a) of Section 5 is commonly known as an in flagrante delicto

arrest. For a warrantless arrest of an accused caught in flagrante delicto to be

valid, two requisites must concur: (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.” (Emphases supplied)

Applying the above-cited provision and decision in your brother’s situation,

there was no probable cause for the police officers to believe that your

brother was then and there committing a crime. He was merely standing

outside your house and was waiting for your mother. Hence, the arrest of
your brother was illegal and unlawful.

We hope that we were able to answer your queries. Please be reminded that

this advice is based solely on the facts you have narrated and our appreciation

of the same. Our opinion may vary when other facts are changed or
elaborated.