RULE 113: ARREST

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WHAT IS ARREST?

ELEMENTS OF ARREST

there is a deprivation of liberty submission of the respondent to the

authorities so that he may be bound to answer the accusations against him.

MODE OF EFFECTING ARREST by an actual restraint of the person

to be arrested (by virtue of a warrant or warrantless arrest)

by his submission to the custody of the person making the arrest (voluntary surrender)

REQUISITES FOR THE ISSUANCE OF A WARRANT OF ARREST

it must be issued 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

particularly describing the place to be searched and the persons or things to be seized. (Sec. 2, Art. III, Bill of Rights).

WHAT IS PROBABLE CAUSE?

An arrest without probable cause is an unreasonable seizure of a person, and violates the privacy of persons which ought not to be intruded by the State. (Borlongan v. Pena, G.R. No. 143591, May 5, 2010).

DUTY OF ARRESTING OFFICER to make an arrest thereunder but

also makes it his duty to carry without delay the commands thereof

to deliver the person arrested to the nearest police station or jail without unnecessary delay.

A warrant of arrest does not become stale or functus oficio unlike a search warrant which is valid only for ten days. A warrant of arrest remains valid until the arrest is effected or the warrant is lifted.

WHEN IS ARREST WITHOUT A WARRANT LAWFUL?

SECTION 5, RULE 113 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;

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

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.

RATIONALE

“To hold that no criminal can, in any case, be arrested and searched without a warrant, would be to leave society to a large extent, at the mercy of the shrewdest, the most expert and the most depraved of criminals facilitating their escape in many instances.” (People vs. Malasugui 63 Phil. 221)

IN FLAGRANTE DELICTO

When, in his presence, the person to be arrested has committed, is actually committing or is attempting to commit an offense. Probable Cause▪ 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;▪ Such overt act is done in the presence or

within the view of the officer

IN FLAGRANTE DELICTO An offense is committed in the presence or

within the view of the person making the arrest when he sees the offense, although at a distance, or hears the disturbances created thereby and proceeds at once to the scene thereof; or the offense is continuing or has been consummated, at the time the arrest is made. (People of the Philippines vs. Evaristo, G.R. No. 93828, December 1, 1992)

IN FLAGRANTE DELICTO

Buy Bust Operations – the idea to commit a crime originates from the offender, without anybody inducing or prodding him to commit the offense. If carried out with due regard for constitutional and legal safeguards a buy bust operation deserves judicial sanction. (People of the Philippines vs. Agulay, G.R. No. 181747, September 26, 2008)

HOT PURSUIT

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.

Test of Immediacy – there must be a large measure of immediacy between the time the offense was committed and the time of arrest. (Go vs. Court of Appeals)

HOT PURSUIT

Elements: Offense has just been committed. The

time interval between the actual commission of the crime and the arrival of the arresting officer must be brief (Go vs. Court of Appeals)

Probable cause based on personal knowledge.

HOT PURSUIT Reasonable Grounds of Suspicion – in the

absence of actual belief of the arresting officers, the suspicion that the person to be arrested is probably guilty of committing the offense is based on actual facts. A reasonable suspicion thereof must be founded on probable cause coupled with good faith on the part of the peace officers making the arrest. (Posadas vs. Ombudsman, G.R. No. 131492, September 29, 2000)

PRISONER WHO ESCAPEDWhen 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.

Founded on the principle that at the time of the arrest the escapee is in the continuous act of committing a crime, i.e., evasion of service of sentence

PRISONER WHO ESCAPED This right of arrest without a warrant of

arrest under this provision is founded on the principle that at the time of the arrest, the escapee is in the continuous act of committing a crime, i.e., evasion of service of sentence. (Paraluman vs. Director of Prisons 22 SCRA 638)

Same rule applies from detention prisoners who escape confinement. (Valcorza vs. People 30 SCRA 143)

PERSONS AUTHORIZED TO MAKE WARRANTLESS ARRESTS

Peace officers and private citizens Police officers NBI Agents Municipal Mayors Barangay Captains Peace officers duly authorized

WHEN SHOULD AN ARREST BE MADE?

SECTION 6, RULE 113

Time of making arrest – An arrest may be made on any day and at any time of the day or night. Unlike a search warrant which may only

be served during the day, an arrest may be made on any day at any time even on a Sunday, justified by the necessity of preserving public peace.

METHOD OF ARREST

SECTION 7, RULE 113

Method of arrest by officer by virtue of warrant. How does an arrest with a warrant take

place?▪ Officer informs the person to be arrested the

cause of the arrest and that a warrant has been issued for his arrest▪ EXCEPT: ▪ when the person flees,▪ forcibly resists, or▪ when the giving of such info will imperil the arrest

METHOD OF ARREST

Does the arresting officer need to have the warrant on him? No. But if the person arrested wants to

see it, it must be shown to him as soon as practicable.

Be wary of fake warrants!

Whenever the arrest is made, no violence or unnecessary force shall be used.

METHOD OF ARREST WITHOUT A WARRANT

SECTION 8, RULE 113 Method of arrest by officer without a warrant.

What is the duty of the arresting officer if the arrest is made without a warrant?▪ State his authority to arrest, and ▪ The cause of his arrest.

Exceptions: The information need not be given if the person to

be arrested:▪ Is engaged in the commission of the offense▪ Is pursuit immediately after its commission▪ Escapes, flees▪ forcibly resists before officer could do so▪ Giving of such will imperil the arrest

RIGHTS OF A PERSON ARRESTED UNDER R.A. 7438 Miranda Warning “You have the right to remain silent.

Anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed to you.”

Note: Failure to read the Miranda rights to the arrested person does not invalidate the arrest.

MIRANDA VS. ARIZONA

The U.S. Supreme Court set standards for law enforcement officers to follow when attempting to interrogate suspects whom they hold in custody.

This warning is read after the arrest has been made and before the police officer questioning is conducted.

METHOD OF ARREST BY PRIVATE PERSON

SECTION 9, RULE 113 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

CAN AN OFFICER SUMMON ASSITANCE?

SECTION 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 assist him in effecting the arrest when he can render such assistance without detriment to himself.

RIGHT OF OFFICER TO BREAK INTO OR OUT FROM BUILDING OR ENCLOSURE

SECTION 11, 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 assist him in effecting the arrest when he can render such assistance without detriment to himself.

SECTION 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.

RULE 126, SEARCH AND SEIZURESection 7. Right to break door or

window to effect search. – The officer, if refused admittance to the place of directed search after giving notice of his purpose and authority, may break open any outer or inner door or window of a house or any part of a house or anything therein to execute the warrant or liberate himself or any person lawfully aiding him when unlawfully detained therein.

RULE IF THE OFFICER IS REFUSED ADMITTANCE; “KNOCK AND ANNOUNCE RULE”

Being armed with a warrant does not justify outright entry or barging into the place to be searched. An officer should knock, introduce himself and announce his purpose, and only in exceptional cases may he forgo the same like when his safety is endangered or when evidence is about to be destroyed. (Wilson vs. Arkansas, 514 U.S. 927)

RULE IF THE OFFICER IS REFUSED ADMITTANCE; “KNOCK AND ANNOUNCE RULE”

The officer may break any outer or inner door or window of a house or any part of the house or anything therein provided the following requisites are complied with:

The officer gives notice of his purpose and authority;

He is refused admittance to the place of directed search despite notice; and

The purpose of the breaking is to execute the warrant or to liberate himself or any person lawfully aiding him when unlawfully detained therein. (Section 7, Rule 126, Rules of Court).

RULE IF OFFICER IS NOT REFUSED ADMITTANCE:

If an officer is not refused admittance after having announced his purpose authority, the accused is deemed to have voluntarily allowed the law officer inside her dwelling.

ARREST AFTER ESCAPE OR RESCUE

SECTION 13, RULE 113

Arrest after escape or rescue. — If a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him without a warrant at any time and in any place within the Philippines.

VISITATION RIGHTS

SECTION 14, RULE 113

Right of attorney or relative to visit person arrested. — Any member of the Philippine Bar shall. At the request of the person arrested or of another acting in his behalf, have the right to visit and confer privately with such person in the jail or any other place of custody at any hour of the day or night. Subject to reasonable regulations, a relative of the person arrested can also exercise the same right.