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WEEK 5 - Arrest

The document discusses the law around arrests in the Philippines. It defines an arrest and outlines the legal requirements and process for arrests, including: 1) Arrests require probable cause as determined by a judge and must be for a specific offense. 2) Arrests can be made with or without a warrant based on the circumstances, and officers have certain rights and duties around executing arrests. 3) Private citizens can also make arrests in some situations but must follow certain procedures. 4) Warrants of arrest are only valid if they are issued upon probable cause as determined by a judge and describe the specific person to be arrested.

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DANICA FLORES
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259 views

WEEK 5 - Arrest

The document discusses the law around arrests in the Philippines. It defines an arrest and outlines the legal requirements and process for arrests, including: 1) Arrests require probable cause as determined by a judge and must be for a specific offense. 2) Arrests can be made with or without a warrant based on the circumstances, and officers have certain rights and duties around executing arrests. 3) Private citizens can also make arrests in some situations but must follow certain procedures. 4) Warrants of arrest are only valid if they are issued upon probable cause as determined by a judge and describe the specific person to be arrested.

Uploaded by

DANICA FLORES
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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I.

Arrest

1. Arrest,
a. Define

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.

b. Requisites for Issuance

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 (Tabujara III v.
People, G.R. No. 175162, October 29, 2008).

c. Constitutional Basis

Sec. 2 of Article III (Bill of Rights) of the Constitution of the Philippines in


part declares:

"Sec. 2. ... no search warrant or warrant of arrest shall issue


except upon probable cause to be determined personally by the
judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to
be seized."

d. Meaning of Probable cause in issuance of warrant of arrest

Probable cause in connection with the issuance of a warrant of arrest, assumes


the existence of facts that would lead a reasonably discreet and prudent man to
believe that a crime has been committed and that it was likely committed by the
person sought to be arrested. The test for issuing a warrant of arrest is less
stringent than that used for establishing the guilt of the accused (People v. Tan,
G.R. No. 182310, December 9, 2009).

e. How made: actual arrest or voluntary submission

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.
Sec. 2, Rule 113

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 subject to a greater restraint than is necessary for his
detention.

f. Time to make arrest

Sec. 6, Rule 113. Time of making arrest. – An arrest may be made on any day
and any time of the day or night.

g. Authority to summon assistance

Sec. 10, Rule 113. Officer may 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 insist
him in effecting the arrest when he can render such assistance without detriment
to himself.

It sometimes happens that an officer cannot on his own effectively


make the arrest. Hence, the authority to effect an arrest carries
with it an authority to orally summon as many persons as he
deems necessary to assist him in effecting the arrest. Every
person summoned by an officer is required to give the assistance
requested provided he can do so without detriment to himself
(Sec. 10, Rule 113, Rules of Court). The duty of the person
summoned does not arise when rendering assistance would cause
harm to himself. (Sec. 10, Rule 113, Rules of Court).

h. When person to be arrested is inside a building

Sec. 11, Rule 113. Right of officer 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 refused
admittance thereto, after announcing his authority and purpose.

Sec. 12, Rule 113. Right 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.
If the person to be arrested is or is reasonably believed to be
within any building or enclosure, the Rules authorize the officer, in
order to make an arrest, to break into any building or enclosure in
case he is refused admittance after announcing his authority and
purpose (Sec. 11, Rule 113, Rules of Court).

After entering the building or enclosure, he may break out from


said place if necessary, to liberate himself from the same place
(Sec. 12, Rule 113, Rules of Court).

i. Duty of arresting officer

Sec. 3, Rule 113. 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.

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).

When an accused is caught in flagrante delicto, the police officers


are not only authorized but are duty-bound to arrest him even
without a warrant.

j. Execution of warrant

Sec. 4, Rule 113. 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 (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 thereof.

2. Arrest without warrant, when lawful

Rule 113, 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 and shall
be proceeded against in accordance with section 7 of Rule 112.

Cases:
a. People v. Laguio, March 16, 2007
b. People v. Aminudin, July 6, 1988
c. People v. Mengote, June 22, 1992
d. People v. Tangliben, April 6, 1990
e. People v. Maspil, August 20, 1990
f. Abelita v. Doria, August 14, 2009
g. Dela Cruz v. People, 23 July 2014
h. Antiquera vs. People, 11 December 2013
i. People vs. Pavia G.R. No. 202687
j. Luz v. People, G.R. No. 197788, February 29, 2012

3. Method of arrest
a) By officer with warrant

Rule 113, 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.

b) By officer without warrant

Rule 113, Section 8. Method of arrest by officer without 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 so to inform him, or when the giving of such information will imperil
the arrest.
c) By private person

Rule 113, Section 9. Method of arrest by private person. — When making an


arrest, a private person shall inform the person to be arrested of the intention to
arrest him and 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.

4. Requisites of a valid warrant of arrest

From People vs. Tiu Won Chua, G.R. No. 149878, July 1, 2003:

There are only four requisites for a valid warrant, i.e,:

(1) it must be issued upon "probable cause";

(2) probable cause must be determined personally by the judge;

(3) such judge must examine under oath or affirmation the complainant
and the witnesses he may produce; and

(4) the warrant must particularly describe the place to be searched and the
persons or things to be seized

5. Determination of probable cause for issuance of warrant of arrest

Upon filing of an information in court, trial court judges must determine the
existence or non-existence of probable cause based on their personal evaluation
of the prosecutor's report and its supporting documents. They may dismiss the
case, issue an arrest warrant, or require the submission of additional evidence.
However, they cannot remand the case for another conduct of preliminary
investigation on the ground that the earlier preliminary investigation was
improperly conducted.

Thus, when Judge Turla held that the prosecutors' conduct of preliminary
investigation was "incomplete"[79] and that their determination of probable cause
"has not measured up to [the] standard,"[80] she encroached upon the exclusive
function of the prosecutors

The trial court judge's determination of probable cause is based on her or


his personal evaluation of the prosecutor's resolution and its supporting
evidence. The determination of probable cause by the trial court judge is a
judicial function, whereas the determination of probable cause by the prosecutors
is an executive function.
On the other hand, if done to issue an arrest warrant, the determination of
probable cause is a judicial function. No less than the Constitution commands
that "no ... warrant of arrest shall issue except upon probable cause to be
determined personally by the judge after examination under oath or affirmation of
the complainant and the witnesses he may produce[.]" This requirement of
personal evaluation by the judge is reaffirmed in Rule 112, Section 5 (a) of the
Rules on Criminal Procedure.

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