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RULE 113

ARREST
Section 1. Definition of 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.
Under the 1987 Constitution, it prohibits unreasonable
searches and seizures and that no warrant of arrest
shall be issued except upon probable cause.
Section 1. Definition of arrest.
Diplomatic representatives (Ambassadors and ministers)
are exempted from criminal and civil jurisdiction of foreign
courts. They have freedom from ARREST, prosecution, and
punishment for violation of penal laws.
Consuls, vice-consuls and other commercial
representatives of foreign nations is NOT exempted from
criminal prosecution for violation of penal laws.
A senator or member of HOR shall in all offenses punishable
by not more than 6 years imprisonment is PRIVILEGED FROM
ARREST when the Congress is in session.
Section 2. Arrest, how made.
An arrest is made by an actual restraint of a 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
subjected to a greater restraint than is necessary for his
detention.
Section 2. Arrest, how made.

REASONABLE AMOUNT OF FORCE MAY BE USED TO EFFECT ARREST.

State vs. Dunning (1919)


Section 2. Arrest, how made.

REASONABLE AMOUNT OF FORCE MAY BE USED TO EFFECT ARREST.

PEOPLE v. DELIMA (1922)


.
Sec 3. Duty of Arresting Officer It
shall be the duty of the officer
executing the warrant to arrest
the accused and deliver him to
the nearest police station or jail
without unnecessary delay.
Sec 4. Execution of warrant - The
head of the office to whom the warrant of arrest was
delivered for execution shall cause the warrant to be
executed within ten days from its receipt. Within ten
days after the expiration of the period, the officer
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
reason therefor.
Lifetime of warrant of
arrest.
DUTIES OF THE ARRESTING OFFICER

Duty to inform the arrested person.

Duty to deliver to jail or police station.


The Miranda Rights
Section 12, Art. III.
1. Any person under investigation for the commission of an offense shall have the right to
be informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of counsel, he must
be provided with one. These rights cannot be waived except in writing and in the presence
of counsel.
2. No torture, force, violence, threat, intimidation, or any other means which vitiate the free
will shall be used against him. Secret detention places, solitary, incommunicado, or other
similar forms of detention are prohibited.
3. Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
4. The law shall provide for penal and civil sanctions for violations of this Section as well as
compensation to the rehabilitation of victims of torture or similar practices, and their
families.
Miranda Rights Origin
On June 13, 1966, the outcome of Miranda v. Arizona provided that suspects must be informed of their
specific legal rights when they are placed under arrest. This decision was based on a case in which a
defendant, Ernesto Miranda, was accused of robbery, kidnapping, and rape. During police interrogation, he
confessed to the crimes.
The conviction was overturned due to allegedly intimidating police interrogation methods. After a retrial
that included witnesses and other evidence, Miranda was again convicted. His trial was, however, then
assured of being fair, and the original conviction was reasonably upheld without question.
In 1964 the results of another trial, Escobedo v. Illinois, additionally provided that a suspect has the right
to counsel being present during police questioning or to consult with an attorney before being questioned
by police if the police intend to use the answers against the suspect at a trial, or if the person being
questioned is being detained and questioned against their will.
In 1968 the finalized text for the Miranda Warning was provided by California deputy attorney general
Doris Maier and district attorney Harold Berliner.
Prior to the institution of the Miranda Warning, confessions need only be voluntary on the part of the
suspect. This created a difficult situation for police, who were then often faced with evidence at trial that the
person was not of sound mind or were under circumstantial duress when they gave their confession.
The Miranda Warning protects an individuals rights by explaining their options clearly and upholds
police authority when they properly read the Miranda Warning and get a clear, intelligent answer that the
suspect understands his or her rights as they have been explained. The Miranda Warning is a legal necessity
throughout the United States, and varies only slightly in its wording in different states.
Purpose of the Doctrine
In Miranda v Arizona, the US Supreme Court established rules to
protect a criminal defendant's privilege against self-incrimination from
the pressures arising during custodial investigation by the police. Thus,
to provide practical safeguards for the practical reinforcement for the
right against compulsory self-incrimination, the Court held that the
prosecution may not use statements, whether exculpatory or
inculpatory, stemming from custodial interrogation of the defendant
unless it demonstrates the use of procedural safeguards effective to
secure the privilege against self-incrimination.
Requisites of the Miranda Doctrine

(1) any person under custodial investigation has the right to remain silent;

(2) anything he says can and will be used against him in a court of law;

(3) he has the right to talk to an attorney before being questioned and to
have his counsel present when being questioned; and

(4) if he cannot afford an attorney, one will be provided before any


questioning if he so desires
Section 5

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;
People v. Lamahang, 61 Phil.
703

At early dawn one policeman who was patrolling


caught the accused in the act of making an
opening with an iron bar on the wall of a store of
cheap goods. The accused had only succeeded in
breaking one board and in unfastening another from
the wall when the policeman showed up who
instantly arrested him and placed him under
custody.
People vs. Andaya

Accused Pablito Andaya was charged for violation


of Section 5 of RA 9165, otherwise known as
Comprehensive Dangerous Drugs Act of 2002 for
selling shabu. The police team constituted to
conduct a buy-bust and after the consummation
the team members approached Pablito and the
asset, introduced themselves as police officers and
arrested accused.
People V. Aminnudin

The police agents in Iloilo City received a tip from a


reliable informer that the accused, Aminnudin , was on
a vessel bound for Iloilo and is carrying with him
marijuana. Upon arrival of the vessel and when the
suspect disembarked, they immediately frisked him and
searched his bag which contained the marijuana.
Subsequently, the Aminnudin was arrested.
ISSUE:
Is the marijuana found in the accused bag admissible
evidence?

HELD:
No. The police agents had enough time to secure a
warrant to arrest and search the accused but did not do
so. In addition to this, the arrest did not fall into any of the
exceptions of a valid warrantless arrest because the
accused-appellant was not, at the moment of his arrest ,
committing a crime nor was it shown that he was about
to do so or that he had just done so.
SECTION 5 (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
Pestillos v. Generoso
FACTS:
The petitioners were indicted for attempted murder.. Atty. Generoso then pointed the
petitioners as those who mauled him which prompted the police officers to invite the
petitioners to go to the police station for investigation. At the inquest proceeding, the City
Prosecutor found that the petitioners stabbed Atty. Generoso with a bladed weapon who
fortunately survived the attack. Petitioners aver that they were not validly arrested without a
warrant.

ISSUE:Are the petitioners validly arrested without warrant when the police officers did not
witness the crime and arrived only less than an hour after the alleged altercation?

HELD:
YES, the petitioners were validly arrested without warrant. Section 5(b), Rule 113 of the
Revised Rules of Criminal Procedure provides that: 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.
Abelita v. Doria, 596 SCRA 220,227

P/Supt. Doria received a report about the alleged shooting


incident. SPO3. Ramirez investigated the report and learned
from witnesses that petitioner was involved in the incident. They
were able to track down petitioner, but when invited to the
police headquarters to shed light on the incident, petitioner
initially agreed then sped up his vehicle, prompting the police
authorities to give chase. Petitioners act of trying to get away,
coupled with the incident report which they investigated, is
enough to raise a reasonable suspicion on the part of the
police authorities as to the existence of probable cause.
Peoples v. Del Rosario
It was held that the arrest was not valid. The arrest
came after the offense was committed and thus, the
offense had not been just committed. Furthermore,
the arresting officers had no personal knowledge of
facts indicating that the person to be arrested had
committed the offense, since they were not present
and were not actual eyewitnesses to the crime, and
they became aware of the identity of the driver of the
getaway tricycle only during the custodial
investigation.
People v. Gerente, R. No. 95847-48,
March 10, 1993, 219 SCRA 756, 761

The policemen arrested Gerente only about 3


hours after Gerente and his companions had
killed the victim. The Court held that the
policemen had personal knowledge of the
violent death of the victim and of facts
indicating that Gerente and two others had
killed him. The warrantless arrest was held valid.
People v. Cendana, 268 Phil. 571,
576 (1990)

The accused was arrested 1 day after the


killing of the victim and only on the basis of
information obtained from unnamed sources.
The unlawful arrest was held invalid.
Section 5. (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.

Parulan vs Director of Prisons


Section 6. Time of making arrest. An arrest may be
made on any day and at any time of the day or night.

Section 7. Method of arrest by officer by virtue of 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 of 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. 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 time can arrests be made?

Arrests can be made at any time of


the day and at any time of the night.
Informing the person to be arrested.

The officer making the arrest must inform the accused of the cause of the arrest and the
fact that a warrant has been issued for his arrest. Such information, however need not be
given under any of the following:
When the accused flees or forcibly resists before the officer has opportunity to so inform
him; or
When giving of such information will imperil the arrest.
What is the purpose of the provision?
(sec7)

It seeks to eliminate any excuse for resistance on the part of the person to
be arrested and thus facilitate the arrest.
Exceptions to the rule to inform the person
to be arrested of the nature of the arrest:

When the accused flees or forcibly resists before the officer has opportunity
to so inform him; or
When giving of such information will imperil the arrest
Does the arresting officer need to show
the warrant at the time of the arrest?

Exhibition of the warrant prior to the arrest is not necessary: nor does the
officer need to have the warrant in his possession at the time of the arrest.
However, if after the arrest, the person arrested so requires, the warrant shall
be shown to him as soon as practicable.
Section 8, Rule 113, Rules
of Court
Method of arrest by
officer without warrant.
When making an arrest without
warrant
The Officer shall inform

1. His authority
2. The cause of his arrest
Circumstances when an Officer need not give
notice of the cause of an arrest:

If the person to be arrested is either engaged in the commission of


an offense,
If the person pursued immediately after its commission,
If the person 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.
Section 9, Rule 113, Rules
of Court
Method of arrest by
private person
When making an arrest without
warrant
A Private person shall inform

1. His intention to arrest him


2. The cause of his arrest
Circumstances when an Private person need
not give notice of the cause of an arrest:

If the person to be arrested is either engaged in the commission of an offense,


If the person pursued immediately after its commission,
If the person 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.