Lesson 1.

Law Enforcement Agencies

Lesson Outcomes:
At the end of this lesson, you should be able to:
1. Determine major law enforcement agencies in the
2. Understand the functions of these agencies.

The following are the types of arrest

1. arrest by virtue of warrant and

2. warrantless arrest or "citizen's arrest”
Arrest by Virtue of Warrant
When a warrant is issued by a judge the warrant is delivered to the proper law
enforcement agency for execution. The head of the office to whom the warrant of arrest
was delivered shall cause the warrant to be executed within ten (10) days from its
receipt. Within 10 days after the expiration 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 failure to serve the warrant, he shall state the reason for its non-execution. (Sec. 4,
Rule 113, Rules of Court)
Arrest, as defined under Sec. 1, Rule 113 of the Rules of Criminal Procedure, is
the taking of a person into custody in order that he may be bound to answer for the
commission of an offense. Arrest can be with warrant or without warrant
The purpose of arrest is for the court to have jurisdiction over the person of the
accused for a specific and definite purpose of making him answer for the commission of
an offense. The court cannot try unless the elements of jurisdiction are complied.
Section 2, Rule 113 of the Revised Rules on Criminal Procedure provides
for the manner, time, and conduct of arresting a person who committed a crime. It
states that:

Section 2. 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
(Luz v. People, 667 SCRA 421, 429-430 and Pestilos v. Generoso, G.R. no.
182601, November 10, 2014)
 The above jurisprudence provides that actual force, manual touching of the body,
or physical restraint nor a formal declaration of arrest is neither required for arrest to
exist. It is enough that there is an intention on the part of one of the parties to arrest the
other, and that there is an intent on the part of the other to submit, under the belief and
impression that submission is necessary.
In case of a motorist that is flagged down for a traffic violation, he is not deemed
to be under arrest" the time that he was waiting for traffic officer to write the citation
ticket. The period before the issuance of citation ticket is characterized merely as
"waiting time" provided that there is no intent on the part of the officer to take the
motorist into custody. (Luz v. People, 667 SCRA 421, 433)
When making an arrest by virtue of a warrant the officer shall inform the person
to be arrested of: (Section 7, Rule 113 of the Revised Rules on Criminal Procedure)
a) The cause of his arrest:
b) The officer shall inform the person to be arrested of the cause of arrest; and
c.) The fact that a warrant has been issued for his arrest,
Exceptions:
When the person to be arrested flees or forcibly resists before the officer has the
opportunity to so inform him, or when the giving of such information will imperil the
arrest.

In the arrest. take note that the officer need not have the warrant in his
possession at the time of the arrest, if the person arrested so requires, the warrant shall
be shown to him as soon as practicable. (Section 7, Rule 113 of the Revised Rules on
Criminal Procedure)
Legal Duties of an Arresting Officer by Virtue of Warrant of Arrest
1) To inform him of the reason for the arrest:
2) To show him the warrant of arrest, if any,
3) To inform him of his constitutional rights to remain silent and to counsel, that
he is entitled to exercise such rights, and that any statement he might make or
declare can be used against him in a court of law;
 4) To inform him of his constitutional right to communicate with his counsel, a
relative or anyone he chooses by the most expedient means-by telephone if
possible, or by letter or messenger--who can assist him while under arrest and
detention;
5) It shall be the responsibility of the arresting officer to see to it that the
foregoing are accomplished (Morales, Jr. v. Enrile, 121 SCRA 538, People v.
Galit, 135 SCRA 465, et al.); and
6) To deliver him to the nearest police station or jail (Sec. 3, Rule 113, Rules on
Criminal Procedure)

Time of Making an Arrest

Section 6, Rule 113 of the Revised Rules on Criminal Procedure
Section 6. Time of making arrest. - An arrest may be made on any day and at
any time of the day or night.
Arrest without Warrant
Section 5, Rule 113 of the Revised Rules on Criminal Procedure

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; In flagrante delicto)

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.

For a warrantless arrest of an accused caught in flagrante delicto to be valid, two

(2) requisites must concur:
1. The person to be arrested must execute an overt act indicating that he has
just committed or is actually committing,

2. Such overt act is done in the presence or within the view of the arresting
officer.

For paragraph (b) of Section 5, personal knowledge must not be influenced by

the past criminal record. It must be that the offender had just committed the crime. That
the person is in hot pursuit as contemplated in the second paragraph.
Buy-bust operation or entrapment is an example of warrantless arrest through in
flagrante delicto."
Instigation - takes place when a police officer induces a person te commit a
crime, without it the crime would not be committed
Entrapment - signifies the ways and means devised by a peace officer to catch
or apprehend a person who has committed a crime, with or without in the crime has
already been committed.
Let's take a break!
Give one (1) scenario for Destigation and one for Entrapment
Method of Arrest Without Warrant: Duty of the Arresting Officer Exception
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, forcibly resists before the officer has opportunity to so inform him, or when the
giving of such information will imperil the arrest.
Take note: Warrantless arrest is also known as Citizen's arrest. With thar note,
any citizen could also affect arrest
Assistance to Effect Arrest
Section 10, Rule 113 of the Revised Rules on Criminal Procedure provides for
the rule on assistance in making the arrest. Section 10. 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.