Rule 113 

Arrest
1.  Arrest – taking a person into custody in order that he may be bound to answer for the commission of some
offense, made by an actual restraint of the person or by his submission to custody

2.    General Rule: No person may be arrested without a warrant.

à  Not all persons detained are arrested; only those detained to answer for an offense.

à  “Invitations” are not arrests and are usually not unconstitutional, but in some cases may be taken as
commands (Babst vs. NBI); however, the practice of issuing an “invitation” to a person who is investigated in
connection with an offense he is suspected to have committed is considered as placing him under “custodial
investigation.”  (RA 7438)

à Warrants of arrest remain valid until arrest is effected, or the warrant is lifted

à Arrest may be made at any time of the day or night

3.  Warrantless arrests by a peace officer or a private person

a.   When person to be arrested is committing, attempting or has committed an offense

b.  When an offense has just been committed and the person making the arrest has personal knowledge that the
person to be arrested committed it

à  Warrantless arrest anytime for a continuing offense like rebellion, subversion (Umil vs. Ramos)
à The continuing crime, not the crime finally charged, needs only be the cause of the arrest (Umil vs. Ramos)

c.   When person to be arrested is an escaped detainee (either serving sentence or with case pending)

1. When a person lawfully arrested escapes

2. Bondsman, for purpose of surrendering the accused
3. Accused attempts to leave country without court permission

4.  Procedure

a.   With warrant

1. Complainant files application with affidavits attached

2. Judge conducts ex parte preliminary examination to determine probable cause

à  In determining probable cause, judge must:

(1)  Personally examine witness

(2)  Witness must be under oath

(3)  Examination must be reduced to writing (Luna vs. Plaza)

à  In determining probable cause, the judge may rely on findings by responsible officer (Lim vs. Felix)

iii.   Judge issues warrant of arrest

à  If without preliminary examination, considered irregular (Bagcal vs. Villaraza)

iv. If peace officer is unable to serve warrant 10 days after issuance, he must file a report and explanation with
judge within 10 days

v.  If warrant served

(1)  Person informed that he is being arrested

(2)  Informed of cause of his arrest

(3)  Officer may break door or window if admission to building is refused

(4) Person physically restrained

à  For private citizens making an arrest

à  May not do so except to do some service to humanity or justice

(5)  No violence or unnecessary force may be used

(6)  Officer may summon assistance

(7)  Person who escapes after arrest may be immediately pursued

vi.        Person arrested is brought to nearest police station or jail

b.   Without warrant:

1. Person is arrested
1. Person arrested may waive right to Art. 125, RPC and ask for preliminary investigation or
inquest
à  Fiscal is not judicial authority contemplated under Art. 125 (Sayo vs. Chief of Police)
1. Fiscal files info

5.    Requisites for a warrant of arrest:

1. Probable cause
2. Signed by judge
3. Specifically naming or particularly and sufficiently describing person to be arrested
à  John Doe warrants are void for being general warrants (Pangandaman vs. Cesar)

6.  Remedies

a.   Petition for writ of habeas corpus

à  Filed with any court, to effect immediate release of the person detained

à  Filed when a person is being illegally detained (without judicial process), or was illegally arrested (void
warrant or unlawful warrantless arrest, or warrantless arrest beyond period with no information filed)
à  Habeas corpus is not allowed when:
1. The person is in custody of an officer under process of law, and
2. The court had jurisdiction to issue the process (Luna vs. Plaza)
à  If an arrest is improper, the remedy is a motion for quashal of the warrant of arrest and/or a motion to quash
the information, not habeas corpus (Ilagan vs. Enrile)
à  Habeas corpus is no longer available after an information has been filed, the information being the judicial
process required by law (Ilagan vs. Enrile)
à  Habeas corpus is proper when a person is being restrained illegally, e.g., imprisoned past maximum penalty
allowed by law (Gumabon vs. Director of Prisons)

b.   Quashal of warrant of arrest

à  Filed with court which issued the warrant of arrest when the warrant of arrest is fatally flawed

c.  Motion to quash information

à  Filed with court when information against the person arrested has been filed

à  Must be made in a “special appearance” before the court questioning only its lack of jurisdiction over the
person of the accused

à  Otherwise, the voluntary appearance of the person arrested by filing a motion before the court would be
deemed a submission to the authority of the court, thus granting it whatever jurisdiction it lacked over the
person

à  Any irregularity in the arrest is cured when the petitioner submits himself to the jurisdiction of the court, e.g.,
by filing for bail (Bagcal vs. Villaraza)
7.   V.V. Mendoza, “Rights to Counsel in Custodial Investigation”

à  Evolution of rights of the accused under custodial investigation

1. All involuntary confession were inadmissible; accused had to prove involuntariness

1. Involuntary confessions were inadmissible only if they were false
2. Revert to exclusionary rule:  any involuntary confession is inadmissible
1. Miranda rule:  the accused must be informed of his rights
1. To remain silent
2. Against self-incrimination
3. To counsel
4. Definition of custodial investigation questioned
1. It begins only after arrest
2. Police investigations prior to arrest are not
covered
3. The rights may be waived, but the rights to be
informed of these rights, i.e., to warning,
may not be waived
4. Warning must not only be said, officer must
make sure the person arrested understands
them specifically
5. Present rules
 1. Voluntary confessions are
admissible
2. Test of voluntariness
determined on a case-to-case
basis
3. Waiver of rights must not only
be with counsel but must be in
writing
à  Confessions made without assistance of counsel are inadmissible as evidence to incriminate the accused, but
they may be used to impeach the credibility of the accused, or they may be treated as verbal admission of the
accused through the testimony of the witnesses (People vs. Molas)
Rule 114  Bail
1.  Bail – security given for the release of a person in custody of law, furnished by him or a bondsman,
conditioned upon his appearance before any court as required under the following conditions:
1. Undertaking effective upon approval and remains in force at all stages until promulgation of judgment,
unless sooner cancelled
2. Accused shall appear before court when required
3. Failure to appear despite notice to him or the bondsman will waive his right to be present and trial shall
proceed in absentia
4. Bondsman shall surrender accused for execution of judgment
à  Bail applies to all persons detained, not just to those charged with the offense (Herras vs. Teehankee)
à  Court has power to prohibit person out on bail from leaving the country (Manotoc, Jr. vs. CA)
à  Bail implies delivery of the accused to the sureties who, though not holding him prisoner, may seize him and
imprison him until they can deliver him to court (US vs. Bonoan)
2.  General Rule: All persons are entitled to bail as a matter of right, except those charged with capital offenses.
à  Right to bail traditionally unavailable to military personnel facing court martial, who are not in the same class
as civilians (Comendador vs. de Villa)
à  Bail should be available regardless of other circumstances or the merits of the case, if the health or the life of
the detainee is in danger (Dela Rama vs. People’s Court)
à  Excessive bail is tantamount to denial of bail, which is unconstitutional (Dela Camara vs. Enage)

3.  When bail is a matter of right

à  Before or after conviction by MTC, MCTC, MJC

à  Before conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment

4.    When bail is discretionary (application filed with court where case is pending)

1. Upon conviction by RTC of an offense not punishable by death, reclusion perpetua or life imprisonment
2. Provisional liberty under same circs. but during period to appeal subject to consent of bondsman
3. In case he has applied for probation after final judgment, he may be allowed temporary liberty under his
bail or recognizance

5.  Procedure

a.    Offense charged is not capital:

i.    Accused applies for bail

(1)  Where information against him was filed or where case is pending

(2)  Absent (1), in another branch of the same court within the province or city where he is held

(3)  If arrested in another province, city or municipality, file with the RTC

(4)  Absent (3), with the MTC

1. Judge sets bail

1. Accused may move to reduce bail, and hearing will be set
2. Accused posts bail and deposits the same with the Municipal/City/Provincial Treasurer or,
if cash, with the Collector of Internal Revenue
3. Accused is released

b.   Offense charged is capital:

1. Accused petitions for bail

2. Judge sets hearing to determine whether evidence of guilt is strong
à  Ex-parte hearing on bail is arbitrary and unacceptable (Herras vs. Teehankee)
1. Prosecution presents evidence
1. Court may not force fiscal to produce evidence (Herras vs. Teehankee)
2. If evidence is strong, bail is denied
1. Otherwise, judge sets bail and procedure for non-capital offense is
followed
à  In capital crimes, judge’s discretion is limited to determining strength of evidence and does not cover
determining whether bail should be allowed (Herras vs. Teehankee)
à Evidence must be strong that the accused is guilty of the capital offense charged, not just of any offense
(Bernardez vs. Valera)
6.    Bail bond –   an obligation under seal given by accused with one or more sureties and made payable to proper
officer with the condition to be void upon performance by the accused of such acts as he may legally be required
to perform

7.  Recognizance

1. Obligation of record entered into before some court of magistrate duly authorized to take it, with the
condition to do some particular act, the most usual condition in criminal cases being the appearance of
the accused for trial
2. Does not require signature of accused for trial
3. Does not require signature of accused to be valid
8.  Prosecution witnesses may be required to post bail to ensure their appearance at the trial, except:
1. Substitution of info (see R110, §14)
2. Court believes that material witness may not appear at the trial

9.  When bail required under RA 6036  (violation of ordinance, light felony, criminal offense – not higher that 6
month imprisonment and/or P2000 fine, or both)

1. a.    Caught in flagrante
 2. Confessed to commission of offense unless repudiated (force and intimidation)
3. Previously escaped, evaded sentence or jumped bail
4. Violation of Sec. 2 (fails to report to clerk of court periodically under his recognizance)
5. Recidivist, habitual delinquent previously convicted for an offense to which the law or ordinance
attaches an equal or greater penalty or for 2 or more offenses to which it attaches a lighter penalty
6. Committed offense while on parole or under conditional pardon
7. Previously pardoned by municipal or city mayor for violation of ordinance for at least 2 times

10.  Instances when accused may be released on recognizance:

1. Offense charged is a violation of an ordinance, a light felony or criminal offense the imposable penalty
to which does not exceed 6 months and or P2000 fine
2. Person has been in custody for a period equal to or more than the minimum of the imposable principal
penalty, without application of the Indeterminate Sentence Law or any modifying circumstance
3. Accused has applied for probation and before the same has been resolved, but NO BAIL was filed or
accused is incapable of filing one
4. Youthful offender held for physical and mental examination, trial or appeal, if unable to furnish bail

11. Cancellation of bail

a.   Upon application with the court and due notice to the fiscal

1. Accused surrenders back to custody

1. Accused dies

b.   Automatic cancellation

1. Case is dismissed
1. Accused is acquitted
2. Accused is convicted and surrenders for execution of judgment

12. When bail cancelled or denied: after RTC imposes imprisonment exceeding 6 years, but not more than 20
years, and:

1. Accused is a recidivist, quasi-recidivist, habitual delinquent or guilty of the aggravating circumstance of

reiteration;
2. Provisionally escaped, evaded sentence, violated provisions of bail;
3. Committed offense while on probation, parole, or conditional pardon;
4. Probability of flight; or
5. Undue risk that during appeal, he may commit another crime

13. When bail is forfeited

a.   Accused fails to appear before court when required

à  30 days for bondsman to show cause why judgment should not be rendered against him

b.  Bondsman fails to produce him within 30 days

c.  Bondsman fails to satisfactorily explain to the court why accused did not appear when first required to do so
à  Sureties guarantee only appearance of the accused, not his conduct (US vs. Bonoan)
à  Sureties exonerated if appearance made impossible by an act of God, the obligee or the law (US vs. Bonoan)

14. Provisional forfeiture

1. Within 30 days, produce the body or give reason for non-production AND
2. Explain satisfactorily the absence of the accused when first required to appear

15. Remedies

1. Application for bail, when bail can be availed of as a matter of right

2. Petition for bail, when the offense charged is a capital offense

à  For judge to set hearing for the determination of strength of evidence of guilt

16.  Circumstances to be considered in fixing amount of bail:

1. Financial ability of accused to give bail;

2. Nature and circumstances of offense;
3. Penalty of offense charged;
4. Character and reputation of accused;
5. Age and health of accused
6. Weight of evidence against accused
7. Probability of accused appearing for trial;
8. Forfeiture of other bonds;
9. Fact that accused was a fugitive from justice when arrested; and
10. Pendency of other cases in which the accused is under bond

17.  Notes:

1. Posting bail waives the right to question any irregularity attending the arrest of a person (Callanta vs.
Villanueva).  However, this does not result in waiver of the inadmissibility of the articles seized
incidentally to such illegal arrest.
2. Accused waived the right to question any irregularity in the conduct of the preliminary investigation
when he failed to do so before entering his plea (People vs. Dela Cerna)
3. Accused out on bail may be re-arrested if he attempts to depart from the Philippines without prior court
permission (warrantless arrest allowed).