ARREST PROCEDURE

WITH WARRANT – Upon the issuance by a competent authority which the judge personally evaluates
the report and affidavits submitted by the prosecutor and that probable cause exists. The judge may
issue a warrant directing a peace officer to arrest the person involved in the commission of an offense
within 10 days. If the peace officer failed to execute the warrant of arrest within 10 days, he must report
to the issuing court and explain the status of the warrant.

Upon serving the warrant of arrest, the arresting officer must comply on the following grounds:

1. Inform the suspect that he is a police officer and inform him the purpose of the arrest

2. No violence or unnecessary used of force to be enforce except when needed

3. The arresting officer must recite the constitutional or Miranda rights to the arrested person

4. The arresting officer shall deliver the arrested person to the nearest police station or jail without
unnecessary delay.

WITHOUT WARRANT –

a. In flagrante delicto (Caught in the act) The suspect must committed, actually committing or
attempting commit an offense.

b. Hot Pursuit- The arresting officer must have probable cause to believe based on his personal
knowledge that the person to be arrested committed the offense.

c. Escapee from penal establishment:

Valid arrest may lead to valid search or seizure.

BAIL PROCEDURE

As a general rule bail is a matter of right to all persons who are lawfully arrested for a crime or an
offense, because the bill of rights provides that all persons lawfully arrested is presumed innocent until
the contrary is proven beyond reasonable doubt.

EXCEPT: When the crime is punishable by Death, Reclusion Perpetua or the evidence of guilt is strong,
bail becomes a matter of discretion on the part of the trial court. In this case (A matter of discretion) the
prosecution will file a petition for bail to the court and convince the court that the evidence of guilt is
not strong against the accused.

- There is no fixed amount of bail to be imposed, it depends on the gravity of the crime and
upon recommendation of the fiscal.

If the court grants the accused to post bail, he is required to appear in court on the following grounds:

1. Arraignment and Plea

2. Identification of the Accused

3. Promulgation of Judgement
Note: But in reality, it is better to appear in court every stages of the of the trial.

Requirements: (For example in a form of cash bond)

1. The Cash bond (example: 10.000 + 500 (laging meron plus 500 para sa Admin fee).

2. Mugshot (Left, right side, front) 4 sets for a total of 12 pictures. The accused must write his name and
signature on the front of every photograph, not on the back.

3. Drawing sketch of the residence of the accused going to the court (Yung bahay ng akusado papunta sa
korte kung saan nililitis ang kaso) The sketch must be signed by the Barangay Captain.

4. Barangay Certificate with signature of the Barangay Captain and Seal of the Barangay.

- The accused is required to be present for the application for bail because his fingerprints need to be
taken by the staff of the court.

- Upon payment the prosecutor will receive a payment order/ Receipt.

- Photocopy the Payment order and give the copy to the accused and submit the original copy to the
court.

- If the requirement is complete upon the validation of the court, the judge will issue order of release.

Note: if the accused is in custody of law and he cannot be present in the application of bail for his
fingerprints to be taken, his lawyer may request to the court an order of release to be submitted to the
police station where the accused is held in custody.