THE LAW ON

ARREST
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.  (Rule 113, Sec. 2) 

It is the duty of the officer executing the

warrant to arrest the accused and deliver him
to the nearest police station or jail without
unnecessary delay.  (Rule 113, Sec. 3)

An arrest may be made on any day and at any

time of the day or night.  (Rule 113, Sec. 6)
No violence of unnecessary force shall be used in
making an arrest.  The arrested shall not be subject to a
greater restraint than is necessary for his detention. 
(Rule 113,  Sec. 2, 2nd paragraph)

When warrant of arrest not necessary:

(1)   When the accused is already under detention

pursuant to a warrant issued by the MTC judge in Rule
112, Sec. 6 (b);
(2)   When the complaint or information was filed
pursuant to Rule 112, Sec. 7, i.e. a valid warrantless
arrest – waiver before inquest;
(3)     When the offense is penalized by fine only.  (Rule
112, Sec. 6 (c)) 
 NO LIFETIME OF WOA

After 10 days from receipt of the warrant of

arrest, the head of the office to whom the
warrant was delivered for execution must
report to the issuing judge in case of failure to
execute the same.

Validity: Until arrest is effected or WOA is lifted

by the court
Mobil car 1 calls police in Mobil car 2 and says that
they have a warrant of arrest for Mr. X who is now
in Mobil car 2’s area.  Mobil car 1 says “Please
assist us in arresting Mr. X”.  Police in car 2 sees
Mr. X.  Can they arrest him?
ANSWER:
Yes, under  Sec. 7, Rule 113.   The officer need
not have the warrant of arrest in his possession at
the time of the arrest, but after the arrest, if the
person arrested so requires, the warrant shall be
shown to him as soon as practicable.
WARRANTLESS
ARREST
As a general rule, no arrest may be
made without a warrant of arrest.

The exceptions [also referred to as

warrantless arrests under the
Revised Rules on Criminal Procedure
(Rule 113, Sec. 5) are arrests made
by a peace officer or a private person
(citizen’s arrest):
(a) When, in his presence, the person to be
arrested has committed, is actually committing, or
is attempting to commit an offense;

(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.
1. In Flagrante Delicto Arrest: When in his presence,
the person to be arrested has committed, is actually
committing, or is attempting to commit an offense
(Sec. 5(a), Rule 113 Rules of Court)
Requisites:
a. An overt act indicating a felonious
enterprise (actually committing, has
committed or is attempting to commit)
b. Done in the presence or within the view of
the arresting officer.

Note: Rebellion is a continuing offense. Hence, a

rebel may be arrested anytime even without a warrant
(Umil vs. Ramos, 187 SCRA 311)
2. Hot Pursuit Arrest: When (i) an offense has just
been committed and (ii) there is probable cause to
believe, based on his personal knowledge of facts or
of other circumstances, that the person to be arrested
has committed the offense (Sec.5(b), Rule 113 Rules
of Court)

Section 5(b), Rule 113 refers to arrests made in hot

pursuit wherein two requisites must exist: (1) an
offense has in fact just been committed; and (2) the
arresting officer has probable cause based on
personal knowledge of facts or circumstances
indicating that the person to be arrested committed
the offense.
3. Escaping Prisoner Arrest. (i) Prisoner who
has escaped from a penal establishment or
place where he is serving final judgment or
temporarily confined while his case is pending,
or (ii) has escaped while being transferred from
one confinement to another (Sec. 5(c), Rule
113 Rules of Court)
4. Where a person who has been lawfully
arrested escapes or is rescued (Section 13,
Rule 113).
 
5. By the bondsman for the purpose of
surrendering the accused (Section 23, Rule
114).
 
6. Where the accused attempts to leave the
country without permission of the court,
while accused is on bail (Section 23, Rule
114).
When can a person question
the illegality of arrest?

- Illegality of arrest can be

questioned only BEFORE
ARRAIGNMENT otherwise, it is
deemed waived
 Sec. 2, Art. III, 1987 Constitution
The right of the people to be secure in their
persons, houses, papers, and effects against
unreasonable searches and seizures of
whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of
arrest shall issue except 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, and particularly describing the place
to be searched and the persons or things to
be seized.
REQUISITES OF A VALID SW OR WOA:
1. Probable Cause: Facts and circumstances
antecedent to the issuance of warrant that in
themselves are sufficient to induce a cautious
man to rely on them and act in pursuance
thereof (Alvarez vs. CFI, 64 Phil. 33)

- Such facts and circumstances that could lead a

reasonably discreet and prudent man to believe
that an offense has been committed and that the
objects sought in connection with the offense
are in the place sought to be searched.
2. Determination of probable cause
personally by the judge: He is not
required to personally examine the
complainant and his witnesses. He shall:
(i) personally evaluate the fiscal’s report
and on the basis thereof, issue a warrant;
or (ii) if on the basis thereof he finds no
probable cause he may disregard the
report and require the submission of
supporting affidavits of witnesses (Soliven
vs. Macasiar, 167 SCRA 393)
3. After examination under oath or
affirmation of the complainant and the
witnesses he may produce: A judge must (i)
personally examine (ii) in the form of searching
questions and answers, (iii) in writing and
under oath, the complainant and the witnesses
he may produce (iv) on facts personally known
to them and (v) attach to the record their
sworn statements, together with the affidavits
submitted (Sec. 5, Rule 126 Rules of Court)
4. One specific offense (singularity of offense)

5. Particularity of description
Tests:
•Description therein is as specific as the
circumstances will ordinarily allow
•Description expresses a conclusion of fact, not
of law, by which the warrant officer may be
guided
Things described are limited to those which
bear direct relation to the offense for which the
warrant is being issued (Bache & Co. vs. Ruiz,
37 SCRA 823)
General warrants are unconstitutional
(Burgos vs. Chief of Staff, supra); Also are
scatter-shot warrants charging more than one
offense (Sec. 4, Rule 126, ROC); A John Doe
warrant satisfies the requirement provided it
contains a descriptio personae (People vs.
Veloso, 48 Phil. 169); Only articles
particularly described in the warrant may
be seized; no other property may be
taken, unless the “plain view” doctrine
applies (People vs. Salanguit, 356 SCRA
683)
 END

Next Topic: Searches & Seizures