RULE 113: ARREST_____________________________________________ WHAT the judge (AND ONLY THE JUDGE) may do upon receipt of

complaint or information:
ARREST: taking of a person into custody in order that he may be bound to
answer for the commission of an offense.
How an arrest is made:
1. Actual restraint of a person to be arrested; or
2. Submission to the custody of the person making the arrest.
NOTE: application of actual force, manual touching of the
body, physical restraint or a formal declaration is not
required.
LIMITIATIONS in making an arrest (what NOT to do):
1. Use any violence or unnecessary force.
2. Person arrested shall not be subjected to greater restraint that is
necessary for his detention.
Arrest of an ESCAPEE: person lawfully arrested escapes, ANY PERSON MAY
IMMEDIATELY PURSUE TO RETAKE HIM WITHOUT A WARRANT.
When and where: any time, any place within the PH
Rights of an Attorney or Relative to visit person arrested: to visit and
confer privately with the person arrested in jail or any other place of
custody @ any hour of the day or night. (subject to reasonable regulations)
Upon filing receipt of complaint of information, within 10 days he must
personally evaluate the resolution of prosecutor and its supporting
evidence to establish a basis for the warrant he’s to issue. THEN HE
MAY:
1. DISMISS the case if evidence on record clearly fails to establish
probable cause.
2. ISSUE a warrant if it does.
3. ISSUE a commitment order if the accused has already been arrested
pursuant to a warrant issued by the judge who conducted the PI.
***Nos. 1-3 also fall under: OPTIONS OF THE TRIAL COURT UPON
RECEIPT OF CRIMINAL COMPLAINT OR INFORMATION***
4. In case of doubt in existence of probable cause, ORDER prosecutor
to present additional evidence within 5 days from notice and issue
must be resolved by the court within 30 days upon receipt of
complaint or information.
NOTE: Judge not required to conduct de novo hearings in determining
probable cause.
NOTE(2): INDEPENDENT ASSESMENT of the judge is REQUIRED.
NOTE(3): Hearing not mandatory and indispensable in determining probable
cause, independent assessment is sufficient.
PURPOSE of determination of the Judge on existence of probable cause:
for the issuance of a warrant, if it is really needed. (aka judicial
determination of probable cause)

I. ARREST WITH WARRANT Determination of Probable Cause:

EXECUTIVE JUDICIAL (once case has been
A. WHEN: on any day & any time of the day or night filed)
B. By WHO: Authorized persons. Made by prosecutor to determine Made by the judge to ascertain
C. WHO may ASSIST: arrest officer may summon as many persons as WON a criminal case must be filed in WON a warrant should be issued
necessary, and said person shall (limitation): ASSIST ONLY WITHOUT court. (preliminary investigation) against the accused.
DETRIMENT to himself. WON there is reasonable ground to WON there is a necessity for accused
believe that the accused is guilty of to be brought into custody.
WARRANT of Arrest: a legal process issued by competent authority the offense charged AND SHOULD
directing the arrest of a person upon grounds stated therein. THEREFOR be tried.
 When issued: when judge establishes probable cause.
REQUIREMENTS of a Valid warrant:
1. First name, nickname or alias, & surname of accused
2. Given address( if any must be indicated with certainty in a warrant)
GR: VOID if person to be apprehended is unnamed.
EX: when warrant contains a description personae
that clearly indicates the proper person upon whom
warrant is to be served.
WHO may serve the warrant/ who may implement:
1. Regular officers of the NBI.
2. Regular members of the PNP.
3. Court sheriffs.
4. Other public officers and employees OTHER THAN THOSE
enumerated in the foregoing authorized by special laws to execute
arrest for violations of particular laws entrusted to their offices.
DUTIES of arresting officer in SERVING the warrant:
1. Arrest the accused.
2. Deliver him to the nearest police station or jail WITHOUT
UNNECESSARY DELAY.
LEGAL DUTIES of an arresting officer by virtue of the warrant of arrest:
1. Inform him why he’s being arrested.
2. Show him the warrant.
3. Inform him of his constitutional right to..
 remain silent
 to counsel
 that he is entitled to exercise such rights
 that any statement he might make or declare can be used
against him in a court of law
4. Inform him of his constitutional right to..
 communicate with his counsel, relative or anyone he
chooses by the most expedient means – by telephone if
possible – or letter – who can assist him while in detention.
5. To see to it that the foregoing is accomplished or that he ACTUALLY
ARRESTED.
6. To deliver him to the nearest police station or jail WITHOUT
UNNECESSARY DELAY.
WHEN to serve the warrant of arrest: head of the office to whom the
warrant was delivered for execution shall..
1. Cause warrant to be served within 10 days from its receipt.
 Period shall commence from date of actual receipt of
warrant.
2. Within 10 days after the expiration period, officer who was assigned
to serve the warrant shall make a report to the judge who issued it.
3. In case of his failure to serve such, give the reason why.
HOW ITS MADE: ARREST with WARRANT
1. Inform person to be arrested WHY he’s being arrested AND that
HE’S BEING ARRESTED AT THAT VERY MOMENT.
EXCEPT when he flees, or forcibly resists before the officer
has opportunity to inform him, or when telling him will
imperil arrest.
2. The officer need not have the warrant with him at the time of arrest
BUT AFTER, if the person arrested asks for it, it must be shown to
him.
QUASHAL OF WARRANT: PWEDENG GROUNDS
1. Irregularity of arrest.
2. Irregularity in the warrant itself.
3. Lack of OR irregularity of Preliminary Investigation. (Accused may
motion for a preliminary investigation or Reinvestigation as a
remedy)
!!!!!!!!!!IMPORTANT!!!!!!!!!!!
WHEN a person may question the ILLEGALITY of an ARREST or WARRANT
OF ARREST.
 MUST!! Be raised BEFORE PLEA during arraignment.
 Accused is estopped from assailing any irregularity of his
arrest IF he fails to raise this issue, or move for the quasha1l
of the information against him on this ground BEFORE
arraignment OTHERWISE, it is considered WAIVED.
 lllegality of arrest not sufficient cause for setting aside a
valid judgment once it’s been made after a trial free from
error NOR will it negate the validity of the conviction of the
accused.
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  EFFECT of posting bail on the issue of illegal arrest:
application for bail does not bar the accused from
challenging illegality of arrest.
II. ARREST WITHOUT WARRANT
D. WHEN: on any day & any time of the day or night
E. By WHO: any police officer (even in places where he is not
assigned), or any private person (also called citizen’s arrest)
F. WHO may ASSIST: officer may summon as many persons as
necessary, and said person shall (limitation): ASSIST ONLY WITHOUT
DETRIMENT to himself.
WHEN an arrest WITHOUT warrant is LAWFUL:
(Situation where Information HAS NOT BEEN FILED yet)
1. When, in his presence, the person to be arrested (a) has committed,
(b) is actually committing, or (c) is attempting to commit an offense.
2. When an offense HAS JUST BEEN committed and he has probable
cause2 to believe based on personal knowledge of facts or
circumstances that the person to be arrested has committed it. (e.g
entrapment operation)
(While case is pending or final judgment has been made)
3. When the person to be arrested is a prisoner who (a) has escaped
from a penal establishment, or place where he is serving final
judgment, or place he is temporarily confined while case is pending
(b) or has escaped while being transferred.
NOTE: In cases falling under 1 and 2, person arrested warrant shall be (1)
delivered to the nearest police station; and (2) be proceeded in accordance
with S7R112.
Remedies for persons arrested under 1&2:
1. Before the complaint or info is filed, person may ask for a PI BUT
must sign a waiver of the provs of Art 125 of the Revised Penal
Code, in the presence of his counsel. Nothwithstanding the waiver,
he may apply for bail and be terminated 15 days from its inception.
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2. After filing of comp or info in court without PI, person may, within 5
days from the time he learns of its filing, ask for a PI with the same
right to adduce evidence in his defense.
IN FLAGRANTE DELICTO: caught in the act (red-handed)
 A person caught in flagrante delicto committing a crime MAY be
ARRESTED WITHOUT WARRANT, and may be brought to the proper
police station for custodial investigation3.
 If circumstances warrant, brought to the Office of the Prosecutor for
an inquest proceeding4 to determine:
1. WON person should be charged before the court; or
2. Be released for further proceedings and afforded the
right to a Putang Ina
REQUISITES for a valid warrantless arrest: in flagrante delicto
1. Person to be arrested must execute an overt act indication that he
has just committed, is actually committing, or is attempting to
commit a crime. (acquiring reliable information ALONE NOT
SUFFICIENT; OVERT ACT indicative of a felonious act MUST BE
PRESENT)
2. Such overt act is done in the presence or within the view of the
arresting officer.
Evidence gathered in flagrante delicto: ADMISSIBLE
Duties of the ARRESTING OFFICER when making an arrest: INFORM the
person to be arrested of his authority and the cause of his arrest.
EXCEPT when:
1) When the person being arrested is engaged in the commission
of an offense.
2) He is pursued after its commission.
3) He flees.
3
Any questioning initiated by law enforcement officers after a person has been
taken into custody.
4
An informal summary investigation conducted by a public prosecutor in a criminal
case involving persons arrested and detained without a warrant for the purpose of
determining WON said person should remain under the custody and be charged
before the court.
 4) He forcibly resists before the officer has the opportunity to
inform him.
5) When giving of such info will imperil the arrest.
Duties of PRIVATE PERSONS when making an arrest: Inform the person to
be arrested of the cause of his arrest and the person’s intention to arrest
him.
EXCEPT when:
1) When the person being arrested is engaged in the
commission of an offense.
2) He is pursued after its commission.
3) He flees.
4) He forcibly resists before the officer has the opportunity to
inform him.
5) When giving of such info will imperil the arrest.
NOTE: only difference between the two is what they will say upon making
the arrest.
Warrantless arrest in case of violation of Intellectual Property Code
 Information may be filed by prosec without the need of such
investigation PROVIDED an inquest had been conducted.
WHEN: accused on bail be arrested without a warrant: A released on bail
may be rearrested without necessity of a warrant IF HE ATTEMPTS TO
DEPART FROM THE PH WITHOUT PERMISSION of the court.
Petition for Issuance of a Writ of Habeas Corpus5 MAY NOT be filed as a
remedy for a detention by a valid warrantless arrest.
 Said writ secures to a prisoner the right to have the cause of his
detention examined and determined by a court of justice, and to
have ascertained if he is held under lawful authority.
 Function does not extend beyond an inquiry into the jurisdiction of
the court by which it was issued and the validity of the process upon
its face.
Doctrine of Hot Pursuit
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directs a person, usually a prison warden, to produce the prisoner and justify the
prisoner's detention
 An arrest can be made without a warrant 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.
RA 9372 or The Human Security Act of 2007; WHEN VIOALATED >
Duties of the police or law enforcement officer AFTER ARREST: (before
detaining the person suspected for the crime of terrorism)
1. Immediately after taking custody, police or LE officer personnel
shall notify the in writing the judge of the court nearest the
place of apprehension.
 On Saturdays, Sundays and Holidays, or after office
hours: to the residence of the judge.
2. Present him or her before any judge at the latter’s residence or
office nearest the place of apprehension.
NOTE: FAILURE TO NOTIFY JUDGE > penalty of 10 years and 1 day to 12
years.
Duties of the Judge after person arrested HAS BEEN PRESENTED to him:
1. ASCERTAIN the identity of the persons who made the arrest and the
person arrested.
2. INQUIRE on the reasons why they arrested the person in custody
and DETERMINE (thru questioning and personal observation) WON
suspect has been subjected to any physical, moral or psychological
torture by such and why.
3. SUBMIT a written report of what he observed when the subject was
brought before him TO THE PROPER COURT that has jurisdiction
over the case and person arrested WITHIN 3 CALENDAR DAYS from
the time suspect was brought to him.
Requirements for detention of arrested person under RA 9372:
 In the event of an actual terrorist attack, suspects may not be
detained for 3 days WITHOUT WRITTEN APPROVAL of a mun, cit,
prov or reg official of a Human Rights Commission or judge of the
MTC, RTC, Sandiganbayan , or a justice of the CA nearest the place
of arrest.
 Arrest on a Saturday, Sunday, Holiday or after office hours: bring person
to residence of any of the officials mentioned above that is nearest the OTHER NOTES:
place of apprehension
CRIMINAL LIABILITY OF CHILD 15 AND BELOW:
Period to secure authority in writing: within 5 days after the date f  Child 15 and below exempted BUT SHALL BE SUBJECTED TO AN
detention of persons concerned. INTERVENTION PROGRAM.
 If child is 15 BUT BELOW 18 + acted WITH DISCENRMENT = subject
Terror attack was not established to person detained: he shall be released to appropriate proceedings.
immediately.

Right of the Officer to.. (in effecting an arrest WITH OR WITHOUT)

BREAK INTO A BUILDING or BREAK OUT FROM THE BUILDING
ENCLOSURE
In cases where officer, in making an In making an arrest, has entered into
arrest (with or without warrant), a building or enclosure, he may also
was refused entry to a building breakout therefrom when it I
where the person to be arrested is necessary to liberate himself.
after announcing his authority and
purpose.

Coordination with PDEA not an indispensable requirement in a buy-bust

operation.
 PDEA’s participation is not a sine qua non6 for every buy bust
operation. It is not invalidated by mere non-coordination with
PDEA.
 Does not affect validity.

CHOICE of whether to apply for a search warrant OR conduct a buy-bust

operation: WITHIN EXCLUSIVE DISCRETION of THE POLICE.
 Police officers have the sole right to choose which legal means are
best suited for the situation in accomplishing the task they are
called upon to perform.