Sec.

2
Warrantless Valid Warrantless Arrests
Arrests and
1. In flagrante delicto;
Detentions
2. Hot Pursuit
3. Escaped Prisoners.

1
1. In A peace officer or a private person may,
flagrante
without a warrant, arrest a person, when,
delicto
in his presence, the person to be arrested
has committed, is actually committing, or
is attempting to commit an offense.

Citizen’s Arrest
Ex. A person is caught stealing money
from a sari-sari store
2
1. In Requisites:
flagrante 1. The person to be arrested must execute an overt
delicto act indicating that he has just committed, is
actually committing, or is attempting to commit
a crime; and
2. Such overt act is done in the presence or within
the view of the arresting officer.

Overt act– physical activity or deed indicating the

intention to commit a particular crime.

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1. In Peace Officer – the officer shall inform the person
flagrante to be arrested of his authority and the cause of
delicto the arrest without a warrant.

Methods Private Person – the private person shall inform

of Arrest the person to be arrested of the intention to arrest
him and the cause of the arrest.

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1. In flagrante
delicto 1. When the person to be arrested is engaged in the
commission of an offense or is pursued
Instances immediately after its commission.
when the
giving of
information 2. When he has escaped, flees, or forcibly resists
is not before the officer has an opportunity to inform
applicable him; and

3. When the giving of such information will imperil

the arrest.

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1. In
flagrante Peace Officer
delicto The arresting officer must comply with the
Obligation provisions of Art. 125 of the RPC or deliver
of the the person arrested to the judicial
arresting authorities.
person after
warrantless
arrest Otherwise, he may be held criminally liable
for arbitrary detention under Art. 124.

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1. In
flagrante Period to Deliver
delicto The person arrested must be delivered to
Obligation the judicial authorities:
of the - Within 12 hours in case of light penalties;
arresting - Within 18 hours in case of correctional
person after
warrantless penalties;
arrest - Within 36 hours in case of afflictive or
capital penalties.

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1. In
flagrante Private Person
delicto The private person must deliver the arrested
Obligation person to the nearest police station or jail,
of the otherwise, he may be held criminally liable
arresting for illegal detention.
person after
warrantless
arrest

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Consequences
of Illegal 1. The documents, things, or articles seized
Arrests
following the illegal arrest are inadmissible
in evidence;
2. The arresting person may be held criminally
liable for unlawful arrest under Art. 269,
RPC;
3. Arresting officer may be held civilly liable for
the damages under Art. 32, NCC;
4. He may also be held administratively liable.

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1. In Buy-Bust
flagrante
A buy-bust operation is a valid in flagrante
delicto
arrest. The subsequent search of the person
arrested and the premises within his
immediate control is valid as an incident to
a lawful arrest.

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2. Hot pursuit (also known as fresh or immediate
Doctrine pursuit) refers to the urgent and direct pursuit
of Hot of a criminal suspect by law enforcement
Pursuit officers.
or Hot
Pursuit Section 5(B), Rule 113, of the Revised Rules of
Arrest Criminal Procedure.

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2. When an offense has just been committed and
Doctrine he has probable cause to believe based on
of Hot personal knowledge of facts or circumstances
Pursuit that the person to be arrested has committed it.
or Hot
Pursuit There must be a large measure of immediacy
Arrest between the time the offense is committed and
the time of the arrest. If there was an
appreciable lapse of time between arrest and
commission of crime, warrant of arrest must be
secured. 12
2. Requisites:
Doctrine 1. An offense has just been committed; and
of Hot
Element of immediacy between time of
Pursuit commission of the crime and the time of
or Hot arrest, otherwise, a warrant of arrest must
Pursuit be secured.
Arrest
Jurisprudence: within 24 hours
2. The arresting officer has probable cause to
believe based on personal knowledge of facts
and circumstances that the person to be
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arrested has committed it.
2. Requisites:
Doctrine 2. The arresting officer has probable cause to
of Hot believe based on personal knowledge of facts
Pursuit and circumstances that the person to be
or Hot arrested has committed it.
Pursuit It is also mandatory that the person making
Arrest the arrest must have personal knowledge of
certain facts indicating that the person to
be taken into custody has committed the
crime.
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In Under Sec. 5(A), Rule 113, RRCP, the officer himself
flagrante witnessed the commission of the crime.
delicto vs. While in Sec. 5(B) of the same, the officer only
Hot knows for a fact that a crime has just been
Pursuit committed and he did not see it personally.

Same:
Obligation of the arresting officer after the
warrantless arrest;
Consequences of illegal arrest;
Period for officers to deliver the person detained
under Art. 125 of the RPC. 15
3. When the person to be arrested is a
Escaped
prisoner who has escaped from a penal
Prisoners
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.

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Exclusionary
Rule All evidence obtained in violation of Sec.
2, Art. III shall be inadmissible for any
purpose in any proceeding.

The Fruit of the Poisonous Tree Doctrine.

Once the primary source (tree) is shown to
have been unlawfully obtained, any
secondary or derivative evidence (fruit)
derived from it is also inadmissible.
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“ Sec. 3. (1) The privacy of communication and
correspondence shall be inviolable except upon
lawful order of the court, or when public safety
or order requires otherwise, as prescribed by law.

(2) Any evidence obtained in violation of this or

the preceding section shall be inadmissible for
any purpose in any proceeding.

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Sec. 3 The right to be left alone or to be free from undesired
Right to publicity without unwarranted interference by the
Privacy public in matters with which the public is not
necessarily concerned.

General Rule: The government cannot intrude into

the privacy of communication and correspondence.

Exceptions:
a. When the court allows the intrusion; and
b. When public safety and order so demands.
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Sec. 3 Requisites of the existence of the right to privacy
Right to Subjective: A person has exhibited an actual expectation of
Privacy privacy; and
Objective: The expectation be one that society is prepared
to recognize as reasonable.

Forms of correspondence and communication covered:

Letters
Messages
Phone calls
Telegrams
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Others analogous to the foregoing
Intrusion, General Rule: An encroachment on the right
when and
to privacy is invalid when there is a
how
allowed reasonable expectation of privacy and if there
is no compelling state interest.

When Allowed:
1. By lawful order of the court;
2. When public safety or public order requires
otherwise as may be provided by law.

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1. By Probable cause in Sec. 2, Art. III should be followed
lawful for the court to allow intrusion. Particularity of
order of description is needed for written correspondence,
the court but if the intrusion is done through wire-taps and
the like, there is no need to describe the content.

However, identity of the person or persons whose

communication is to be intercepted, and the
offense or offenses sought to be prevented, and
the period of the authorization given should be
specified.
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2. When
public safety In Ayer Productions Pty. Ltd. v. Capulong it was held
or public that the right to be let alone is not an absolute right. A
order limited intrusion to a person’s privacy has long been
requires regarded as permissible where that person is a public
otherwise as figure and the information sought to be elicited from
may be him or to be published about him constitute matters of
provided by
public character. The interest sought to be protected by
law
the right to privacy is the right to be free from
unwarranted publicity, from the wrongful publicizing of
the private affairs and activities of an individual which
are outside the realm of legitimate public concern.

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Sec. 3 Exclusionary Rule / Fruit of the Poisonous Tree
Right to Doctrine
Privacy
The exclusionary rule states that any evidence
unlawfully obtained is inadmissible as evidence
before the courts. This is based on Section 3(2),
Article III which provides that any evidence
obtained in violation of right to privacy of
communication or right to due process of law
shall be inadmissible for any purpose in any
proceeding.
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