LAW ON ARREST, LAW ON ARREST, SEARCH & SEIZURESEARCH & SEIZURELAW ON ARREST, LAW ON ARREST,

SEARCH & SEIZURESEARCH & SEIZURE

LAWS ON ARREST, LAWS ON ARREST, SEARCH AND SEARCH AND

SEIZURESEIZURE

RA 5487: Rule XIII – Powers and DutiesRA 5487: Rule XIII – Powers and Duties

Section 1Section 1. Territorial power – A security guard . Territorial power – A security guard shall watch and secure the property of a person, shall watch and secure the property of a person, firm or establishment with whom he or his agency firm or establishment with whom he or his agency has contract for security services. Such service shall has contract for security services. Such service shall not however, extend beyond the property or not however, extend beyond the property or compound of said person, firm or establishment compound of said person, firm or establishment except when required by the latter in accordance except when required by the latter in accordance with the terms of their contract to escort big sum of with the terms of their contract to escort big sum of money or valuables, or in some cases in hot pursuit money or valuables, or in some cases in hot pursuit of criminal offenders.of criminal offenders.

Section 2Section 2. A security guard or a private . A security guard or a private detective is not a police officer and is not, therefore, detective is not a police officer and is not, therefore, clothed with police authorityclothed with police authority

ARRESTARREST - is defined as the taking of a - is defined as the taking of a person into custody so that he can answer person into custody so that he can answer for the commission of an offense.for the commission of an offense.

Requirements of Arrest:Requirements of Arrest:

There must be legal basis for an arrest. There must be legal basis for an arrest. Basically, arrest should be effected with a Basically, arrest should be effected with a warrant of arrestwarrant of arrest. However, there is an . However, there is an exception as when arrest is done under exception as when arrest is done under what is known as “what is known as “citizen’s arrestcitizen’s arrest.”.”

Warrant of ArrestWarrant of Arrest

A warrant of arrest is an order in A warrant of arrest is an order in writing issued in the name of the writing issued in the name of the People of the Philippines, signed by People of the Philippines, signed by the Judge or an officer authorized by the Judge or an officer authorized by law and directed to a peace officer law and directed to a peace officer commanding him to arrest a person commanding him to arrest a person designated and bring him before the designated and bring him before the Judge.Judge.

Exempted from ArrestExempted from Arrest Senators or Members of the House of Senators or Members of the House of

Representatives while Congress is in Representatives while Congress is in session, in all offenses punishable by session, in all offenses punishable by not more than six (6) years not more than six (6) years imprisonment. (Sec 11, Article VI, imprisonment. (Sec 11, Article VI, 1987 Constitution)1987 Constitution)

Diplomatic officials and their Diplomatic officials and their domestics. (RA No. 75)domestics. (RA No. 75)

When can a Security Guard effect When can a Security Guard effect arrest?arrest?

A Security Guard can effect an arrest of a A Security Guard can effect an arrest of a person under the following circumstances person under the following circumstances on what is known as “citizen arrest” or on what is known as “citizen arrest” or arrest without warrant.arrest without warrant.

1.1. When the person to be arrested has committed When the person to be arrested has committed is actually committing, or is attempting to is actually committing, or is attempting to commit an offense in the presence of the commit an offense in the presence of the arresting person.arresting person.

2.2. When an offense has in fact just been When an offense has in fact just been committed, and the arresting person has committed, and the arresting person has personal knowledge of facts indicating that the personal knowledge of facts indicating that the person to be arrested has committed it, andperson to be arrested has committed it, and

3.3. When the person to be arrested is an escape When the person to be arrested is an escape prisoner or a fugitive from justice. (Sec 5. Rule prisoner or a fugitive from justice. (Sec 5. Rule 113 of RRC)113 of RRC)

Precaution in Making ArrestPrecaution in Making Arrest

When making the arrest, the When making the arrest, the arresting person should use good arresting person should use good judgment. He should assume that the judgment. He should assume that the person to be arrested is armed and will person to be arrested is armed and will take your life if given an opportunity.take your life if given an opportunity.

Method of ArrestMethod of ArrestWhen making an arrest, the security When making an arrest, the security

guard or private detective shall inform the guard or private detective shall inform the person to be arrested of the intention to person to be arrested of the intention to arrest him and the cause of the arrest, arrest him and the cause of the arrest, unless the person to be arrested is then unless the person to be arrested is then engaged in the commission of an offense engaged in the commission of an offense or after an escape, or flees, or forcibly or after an escape, or flees, or forcibly resists before the person making the arrest resists before the person making the arrest has opportunity to inform him, or when the has opportunity to inform him, or when the giving of such information will imperil the giving of such information will imperil the arrest. (Sec. 10 Rule 113, RRC)arrest. (Sec. 10 Rule 113, RRC)

No violence or unnecessary No violence or unnecessary force shall be used in making an force shall be used in making an arrest and the person arrested arrest and the person arrested shall not be subjected to any shall not be subjected to any greater restraint than is necessary greater restraint than is necessary for his detention (Sec. 2, Rule 113, for his detention (Sec. 2, Rule 113, RRC)RRC)

Types of ArrestTypes of Arrest

Arrest on the streetArrest on the street– This should be done from side or rear when This should be done from side or rear when

possible.possible.– Person being arrested should be forced towards Person being arrested should be forced towards

a building.a building.– Avoid congested area when possible.Avoid congested area when possible.

Arrest at Home, Office or Business EstablishmentArrest at Home, Office or Business Establishment– Restrict the subject’s movement. Do not grant Restrict the subject’s movement. Do not grant

requests for personal privileges before being requests for personal privileges before being searched.searched.

– Clothing and other things requested should be Clothing and other things requested should be examined for weapons or items of evidence examined for weapons or items of evidence before turning them over to the subject.before turning them over to the subject.

Any security guard making arrest, Any security guard making arrest, shall immediately turn over the person shall immediately turn over the person arrested to the nearest peace office, police arrested to the nearest peace office, police outpost or headquarters for custody and/or outpost or headquarters for custody and/or appropriate action, or he may without appropriate action, or he may without unnecessary delay and within the time unnecessary delay and within the time prescribed in Article 125 of the Revised prescribed in Article 125 of the Revised Penal Code, as amended, take the person Penal Code, as amended, take the person arrested to the proper court of law or judge arrested to the proper court of law or judge for such action as they may deem proper for such action as they may deem proper to take.to take.

Duty of a guard making an arrestDuty of a guard making an arrest

Period to Charge a Person in CourtPeriod to Charge a Person in Court

6 – 12 hours for crimes or offenses punishable 6 – 12 hours for crimes or offenses punishable with LIGHT OFFENSES.with LIGHT OFFENSES.

9 – 18 hours for crimes or offenses punishable 9 – 18 hours for crimes or offenses punishable with CORRECTIONAL PENALTIES.with CORRECTIONAL PENALTIES.

18 – 36 hours for crimes or offenses 18 – 36 hours for crimes or offenses punishable with AFFLICTIVE or CAPITAL punishable with AFFLICTIVE or CAPITAL PUNISHMENT.PUNISHMENT.

SEARCHSEARCHSearchSearch – is an examination of an individual’s – is an examination of an individual’s

person, house, papers, or effects or other person, house, papers, or effects or other buildings and premises to discover buildings and premises to discover contraband or some evidence of guilt to be contraband or some evidence of guilt to be used in the prosecution of a criminal used in the prosecution of a criminal action.action.

Search WarrantSearch Warrant – is an order in writing issued – is an order in writing issued in the name of the People of the Philippines, in the name of the People of the Philippines, signed by a judge and directed to a peace signed by a judge and directed to a peace officer, commanding him to search for officer, commanding him to search for personal property described therein and to personal property described therein and to bring it before the court. (Sec. 1, Rule 126)bring it before the court. (Sec. 1, Rule 126)

Types of Types of SearchesSearches Wall SearchWall Search – The safest, purpose is to place the subject – The safest, purpose is to place the subject

in off-balanced position requiring use of arms and legs to in off-balanced position requiring use of arms and legs to keep him from falling to the ground.keep him from falling to the ground.

Standing SearchStanding Search – Raised subject’s hands over his head – Raised subject’s hands over his head and spread his feet apart as possible. This is not and spread his feet apart as possible. This is not recommended because subject is on balance position.recommended because subject is on balance position.

Kneeling SearchKneeling Search – Subject kneels on the ground with – Subject kneels on the ground with hands raised over his head. Also discouraged for same hands raised over his head. Also discouraged for same reason as in standing.reason as in standing.

Prone SearchProne Search – Subject lies on his stomach with arms and – Subject lies on his stomach with arms and legs outstretched. Subject has both arms and legs free and legs outstretched. Subject has both arms and legs free and is at all times in an on-balance position. Front part of is at all times in an on-balance position. Front part of clothing cannot be searched. This can be extremely clothing cannot be searched. This can be extremely dangerous if the subject has knowledge of judo. dangerous if the subject has knowledge of judo.

SEARCH WITHOUT WARRANTSEARCH WITHOUT WARRANTAny security guard may incident to the Any security guard may incident to the

arrest, search a person so arrested in the arrest, search a person so arrested in the presence of at least two (2) witnesses. He presence of at least two (2) witnesses. He may also search employees of the person firm may also search employees of the person firm or establishment with which he is or his or establishment with which he is or his agency has a contract of private detective, agency has a contract of private detective, watchman or security services when such watchman or security services when such search is required by the very nature of search is required by the very nature of business of the person, firm or establishment.business of the person, firm or establishment.

Stop-and-Search or Stop-and-FriskStop-and-Search or Stop-and-Frisk

Where the search precedes the arrest, Where the search precedes the arrest, and is allowed on grounds of reasonable and is allowed on grounds of reasonable suspicion.suspicion.

S E I Z U R ES E I Z U R E SeizeSeize – to take official or legal possession of – to take official or legal possession of

something held illegally such as arms, drugs, something held illegally such as arms, drugs, or stolen goods.or stolen goods.

ITEMS TO BE SEIZED:ITEMS TO BE SEIZED:

- Property subject of the offense.- Property subject of the offense.

- Property stolen or embezzled and other - Property stolen or embezzled and other proceeds or fruits of the offense, andproceeds or fruits of the offense, and

- Property used or intended to be used for - Property used or intended to be used for committing an offense.committing an offense.