Arrest

Question 1

What is an Arrest?

Answer 1

Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense [Sec. 1, Rule 113]

Question 2

How is arrest made?

Answer 2

a. by actual restraint of a person to be arrested;

b. by his submission to the custody of the person making the arrest [Sec. 2, 1st par., Rule 113]

Question 3

Is actual force, manual touching of the body, physical restraint or a formal declaration of arrest required for arrest?

Answer 3

NO.

Application of actual force, manual touching of the body, physical restraint or a formal declaration of arrest is not required. It is enough that there be an intent on the part of one of the parties to arrest the other and an intent on the part of the other to submit, under the belief and impression that submission is necessary [Sanchez v. Demetriou, G.R. No. 111771 (1993)]

Question 4

What is the rule in the use of violence or unnecessary force in making in an arrest?

Answer 4

No violence or unnecessary force shall be used in making an arrest [Sec. 2, 2nd par., Rule 113]

Question 5

What is the general rule re arrest without warrant?

Answer 5

General rule: No peace officer or person has the power or authority to arrest anyone without a warrant except in those cases expressly authorized by law [Umil v. Ramos, G.R. No. 81567 (1991)]

Exceptions:

a. In flagrante delicto [Sec. 5(a), Rule 113]
b. Hot pursuit arrest [Sec. 5(b), Rule 113]
c. Arrest of escaped prisoner [Sec. 5(c), Rule 113]

d. Other lawful warrantless arrests
1. If a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him without a warrant at any time and in any place within the Philippines [Sec. 13, Rule 113]
2. For the purpose of surrendering the accused, the bondsmen may arrest him or, upon written authority endorsed on a certified copy of the undertaking, cause him to be arrested by a police officer or any other person of suitable age and discretion [Sec. 23, Rule 114]
3. An accused released on bail may be rearrested without the necessity of a warrant if he attempts to depart from the Philippines without permission of the court where the case is pending [Sec. 23, Rule 114]

Question 6

When is a warrantless arrest lawful?

Answer 6

a. In flagrante delicto [Sec. 5(a), Rule 113]
b. Hot pursuit arrest [Sec. 5(b), Rule 113]
c. Arrest of escaped prisoner [Sec. 5(c), Rule 113]
d. Other lawful warrantless arrests
1. If a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him without a warrant at any time and in any place within the Philippines [Sec. 13, Rule 113]
2. For the purpose of surrendering the accused, the bondsmen may arrest him or, upon written authority endorsed on a certified copy of the undertaking, cause him to be arrested by a police officer or any other person of suitable age and discretion [Sec. 23, Rule 114]
3. An accused released on bail may be rearrested without the necessity of a warrant if he attempts to depart from the Philippines without permission of the court where the case is pending [Sec. 23, Rule 114]

Question 7

A legitimate warrantless necessarily includes the authority to validly search and seize what from the offender?

Answer 7

A legitimate warrantless arrest necessarily includes the authority to validly search and seize from the offender

(1) dangerous weapons, and
(2) those that may be used as proof of the commission of an offense [People v. Montilla, G.R. No. 123872, (1998)]

Question 8

What is in flagrante delicto?

[rule governing in flagrante delicto as valid warrantless arrest]

Answer 8

A peace officer or a private person may, without warrant, arrest a person when, in his presence, the person to be arrested:

1. Has committed
2. Is actually committing, or
3. Is attempting to commit an offense [Sec. 5(a), Rule 113]

Question 9

Is ‘reliable information’ sufficient to constitute probable cause that would justify an in flagrante delicto arrest?

Answer 9

NO.
must have an overt act indicative of a felonious enterprise in the presence and within the view of the arresting officers

“Reliable information” alone, absent any overt act indicative of a felonious enterprise in the presence and within the view of the arresting officers, are not sufficient to constitute probable cause that would justify an in flagrante delicto arrest [People v. Molina, G.R. No. 133917 (2001)]

Question 10

What are the requisites for a valid in flagrante delicto?

Answer 10

To constitute a valid in flagrante delicto arrest, the following requisites must concur

1. The person to be arrested must execute an overt 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
   [Zalameda v. People, G.R. No. 183656 (2009); People v. Laguio, G.R. No. 128587 (2007)]

Question 11

Re ‘in flagrante delicto’

What does “in his presence” mean?

Answer 11

1. He sees the offense, even though at a distance, or
2. He hears the disturbances created by the offense and proceeds at once to the scene
   [People v. Evaristo, G.R. No. 93828 (1992)]

Question 12

What are the instances of in flagrante delicto arrest without a warrant?

Answer 12

1. An arrest made after an entrapment does not require a warrant inasmuch as it is considered a valid warrantless arrest pursuant to Sec. 5(a), Rule 113 [Teodosio v. CA, G.R. No. 124346 (2004)]

This is different from instigation, which means luring the accused into a crime that he, otherwise, had no intention to commit, in order to prosecute him, and leads to acquittal [People v. Dansico, G.R. No. 178060 (2011)]

2. When a person is caught in flagrante as a result of the buy-bust operation, the policemen are not only authorized but are also under obligation to apprehend the drug pusher even without a warrant of arrest [People v. de Lara, G.R. No. 94953 (1994)]

Question 13

Is a buy-bust operation a valid form of in flagrante delicto arrest?

Answer 13

YES.

A buy-bust operation is a valid form of in flagrante delicto arrest. It is a valid form of entrapment [People v. Araneta, G.R. No. 191062 (2010)]

Question 14

What is a Hot Pursuit Arrest?

[Rule governing Hot pursuit arrest as a valid warrantles arrest]

Answer 14

A peace officer or a private person may, without warrant, arrest a person when an offense has just been committed and the officer or private person has probable cause to believe, based on personal knowledge of facts or circumstances that the person to be arrested has committed it [Sec. 5(b), Rule 113]

Question 15

What are the requisites of a Hot Pursuit Arrest?

Answer 15

1. An offense has just been committed. There must be a large measure of IMMEDIACY between the time the offense was committed and the time of the arrest. If there was an appreciable lapse of time between the arrest and the commission of the crime, a warrant of arrest must be secured [People v. del Rosario, G.R. No. 127755 (1999); People v. Agojo , G.R. No. 181318 (2009)]; and
2. The person making the arrest has probable cause to believe, based on personal knowledge of facts and circumstances, that the person to be arrested has committed it.

Question 16

In a hot pursuit arrest, can a police officer make a warrantless arrest even though he has not seen someone actually fleeing?

Answer 16

YES.
As long as based on his personal evaluation of the circumstances at the scene of the crime, he could determine the existence of probable cause.

The phrase covers facts, or in the alternative, circumstances. Circumstances may pertain to events or actions within the actual perception, personal evaluation or observation of the police officer at the scene of the crime. Thus, even though the police officer has not seen someone actually fleeing, he could still make a warrantless arrest if, based on his personal evaluation of the circumstances at the scene of the crime, he could determine the existence of probable cause. However, the determination of probable cause and the gathering of facts and circumstances should be made immediately after the commission of the crime in order to comply with the element of immediacy [Pestilos v. Generoso, G.R. No. 182601 (2014)]

Question 17

In a hot pursuit arrest, when should the determination of probable cause and the gathering of facts and circumstances be made?

Answer 17

It should be made immediately after the commission of the crime in order to comply with the element of immediacy.

[Pestilos v. Generoso, G.R. No. 182601 (2014)]

Question 18

FIB
(hot pursuit arrest)

Probable cause must be based on_______________ which means an actual belief or reasonable grounds of suspicion [Abelita III v. Doria, G.R. No. 170672 (2009)]

Answer 18

personal knowledge

Question 19

is actual presence at the scene while a crime was being committed in hot pursuit arrest?

Answer 19

NO.

The clincher in the element of “personal knowledge of facts or circumstances” is the required element of immediacy within which these facts or circumstances should be gathered (i.e. just after the commission of the crime). This required time element acts as a safeguard to ensure that the police officers have gathered the facts or perceived the circumstances within a very limited time frame, such that the chances of contamination of facts is minimal. It does not
require actual presence at the scene while a crime was being committed; it is enough that evidence of the recent commission of the crime is patent and the police officer has probable cause to believe based on personal knowledge of facts or circumstances, that the person to be arrested has recently committed the crime [Pestilos v. Generoso, G.R. No. 182601 (2014)]

Question 20

In in flagrante and hot pursuit arrests, what is done after arrest?

Answer 20

The person arrested shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with Sec 7 Rule 112.

Where a warrantless arrest is made under the in
flagrante and hot pursuit exceptions, 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 Sec. 7 of Rule 112 [Sec. 5, 2nd par., Rule 113]

Question 21

What is the purpose of an inquest?

Answer 21

To determine whethere person arrested without a warrant should remain under custody and correspondingly be charged in court.

[Leviste v. Alameda, G.R. No. 182677 (2010), citing Sec. 1, DOJ Circ. No. 61 (1993)]

Question 22

What is the general rule re the requirement of prelimiary investigation before filing or complaint/ information? What is the exception?

Answer 22

General rule: PI is required to be conducted before a complaint/information is filed for an offense where the penalty prescribed by law is at least 4 years, 2 months and 1 day, without regard to the fine [Sec. 1, Rule 112, , as amended by A.M. No. 05-8-26-SC]

Exception: When a person is lawfully arrested without a warrant involving an offense that requires a PI, a complaint/information may be filed without conducting the PI if the necessary inquest is conducted.

In the absence of an inquest prosecutor, the offended party or peace officer may directly file the complaint in court [Sec. 6, Rule 112, as amended by A.M. No. 05-8-26-SC]

Question 23

What are the remedies of a person arrested without a warrant? (before the complaint or information if filed)

Answer 23

arrested person may ask for PI

a. he must sign a waiver of the provisions of Article 125 of RPC, in the presence of his counsel;
b. he may apply for bail;
c. the investigation must be terminated within 15 days from its inception

[Sec. 6, Rule 112, as amended by A.M. No. 05-8-26SC]

Question 24

What are the remedies of a per arrested without a warrant? (after filing of complaint but before arraignment)

Answer 24

the accused may ask for PI within 5 days after he learns of the filing of the complaint or information

[Sec. 6, Rule 112, as amended by A.M. No. 05-8-26SC]

Question 25

When is an Inquest considered commenced?

Answer 25

An inquest is considered commenced upon receipt by the Inquest officer from the law enforcement authorities of the complaint/referral documents

[Sec. 3, DOJ Circ. No. 61 (1993)]

Question 26

What must be included in the receipt by the Inquest officer from the law enforcement authorites of the complaint/referral documents?

Answer 26

1. Affidavit of arrest, investigation report, statement of the complainant and witnesses, all of which must be subscribed and sworn to before him;
2. Other supporting evidence gathered by the police in the course of the latter’s investigation of the criminal incident involving the arrested or detained person.

[Sec. 3, DOJ Circ. No. 61 (1993)]

Question 27

When must the inquest proceedings be terminated?

Answer 27

The inquest proceedings must be terminated within the period prescribed under the provisions of Art. 125, RPC. [Sec. 3, DOJ Circ. No. 61 (1993)]

Question 28

What are the duties of an inquest officer?

Answer 28

1. Determine whether warrantless arrest is valid.
   [Sec. 8, DOJ Circ. No. 61 (1993)]
2. If warrantless arrest is improperly made, Inquest officer recommends to the City Prosecutor the release of the arrested person [Sec. 9, DOJ Circ. No. 61 (1993)]
3. If warrantless arrest is validly made, the Inquest officer asks the detained person if he desires to avail of a PI. If he does, he must execute a waiver of Art. 125, RPC, with the assistance of a lawyer and, in case of non-availability of a lawyer, a responsible person of his choice [Sec. 10, DOJ Circ. No. 61 (1993)]
4. If detained person does not opt for a PI or refuses to execute the waiver, the Inquest officer determines the probable cause that the accused is probably guilty [Sec. 11, DOJ Circ. No. 61 (1993)]
5. If there is probable cause, the Inquest officer prepares the complaint/information and forward it, together with the records of the case, to the City Prosecutor for appropriate action [Sec. 13, DOJ Circular No. 61 (1993)]

Question 29

What is the rule on warrantless arrest of an escaped prisoner?

Answer 29

A peace officer or a private person may, without warrant, arrest a person when the person to be arrested is a prisoner who has escaped

1. from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending; or
2. While being transferred from one confinement to another
   [Sec. 5(c), Rule 113]

Question 30

When and where may an escapee be re-arrested without a warrant?

Answer 30

Escapee may be immediately pursued or re-arrested without a warrant at any time and in any place within the Philippines [Sec. 13, Rule 113]

Question 31

When and where may an escapee be re-arrested without a warrant?

Answer 31

Escapee may be immediately pursued or re-arrested without a warrant at any time and in any place within the Philippines [Sec. 13, Rule 113]

Question 32

What is the rationale behine the valid warrantless arrest of an escapee?

Answer 32

At the time of arrest, the escapee is in continuous commission of a crime (i.e., evasion of service of sentence). [Parulan v. Director of Prisons, G.R. No. L28519 (1968)]

Question 33

What is affected by the illegality of an arrest?

Answer 33

The legality of the arrest affects only the jurisdiction of the court over the person of the accused [People v. Nuevas, G.R. No. 170233 (2007)]

Question 34

When must an objection involving the arrest or procedure in the court’s acquisition of jurisdiction over the person of an accused be made?

Answer 34

Before he enters his plea

Any objection involving the arrest or the procedure in the court’s acquisition of jurisdiction over the person of an accused must be made before he enters his plea; otherwise the objection is deemed waived [Zalameda v. People, G.R. No. 183656 (2009)]

Question 35

When may an accused be estopped from assailing the legality of his arrest?

Answer 35

An accused may be estopped from assailing the legality of his arrest if he failed to move for the quashing of the Information against him before his arraignment. Any objection involving the arrest or the procedure in the court’s acquisition of jurisdiction over the person of an accused must be made before he enters his plea; otherwise, the objection is deemed waived [People v. Badilla, G.R. No. 218578 (2016)]

Question 36

Does a waiver of the right to question an illegal warrantless arrest mean a waiver of the inadmissability of evidence seized during an illegal warrantless arrest?

Answer 36

NO.

A waiver of the right to question an illegal warrantless arrest does not also mean a waiver of the
inadmissibility of evidence seized during an illegal warrantless arrest [People v. Nuevas, G.R. No. 170233 (2007)]

Question 37

When is the right to qustion the illegality of arrest deemed waived?

Answer 37

When such objection is not made before the accused enters his plea.
[People v. Badilla, G.R. No. 218578 (2016)]

[Zalameda v. People, G.R. No. 183656 (2009)]

Question 38

When is an invalid CURED?

Answer 38

1. When the accused voluntarily submits to the jurisdiction of the trial court [Dolera v. People, G.R. No. 180693 (2009); People v. Alunday, G.R. No. 181546 (2008)]
2. by the filing of an information in court and the subsequent issuance by the judge of a warrant of arrest [Sanchez v. Demetriou, G.R. No. 111771 (1993)]

Note: In Sanchez v. Demitriou [G.R. No. 111771 (1993)], the Court held that the original warrantless arrest of the petitioner was doubtless illegal. Nevertheless, the RTC lawfully acquired jurisdiction over the person of the petitioner by virtue of a warrant of arrest … it issued against him …. It was belated, to be sure, but it was nonetheless legal.

The issuance of the corresponding warrant of arrest, against a person invalidly detained will cure the defect of that detention or at least deny him the right to be released because of such defect [Sanchez v. Demetriou, G.R. No. 111771 (1993)]

Question 39

What are the different types of method of arrest?

Answer 39

a. by officer with warrant
b. by officer without a warrant
c. by private person (citizen’s arrest)

Question 40

What are the duties of the arresting officer (with a warrant)?

Answer 40

1. execution of warrant
2. The officer shall inform the person to be arrested of the cause of the arrest and the fact that a warrant has been issued for his arrest
3. The officer executing the warrant shall arrest the accused and deliver him to the nearest police station or jail without unnecessary delay [Sec. 3, Rule 113];
4. 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 [Sec. 2, 2nd par., Rule 113]

Question 41

What are the duties of the arresting in the execution of the warrant?

Answer 41

a. The head of the office to whom the warrant of arrest was delivered shall cause the warrant to be executed within 10 days from its receipt.
b. Within ten (10) days after the expiration of the period, the officer to whom it was assigned for execution shall make a report to the judge who issued the warrant.
c. In case of his failure to execute the warrant, he shall state the reasons therefor. [Sec. 4, Rule 113]

Question 42

When does the duty ‘to inform the person to be arrested of the cause of the arrest and the fact that a warrant has been issued for his arrest not apply?’

Answer 42

This duty does not apply:

a. When the person to be arrested flees;
b. When he forcibly resists before the officer has opportunity to so inform him;

c. When the giving of such information will imperil the arrest
[Sec. 7, Rule 113]

Question 43

Does the officer need to have the warrant in his possession at the time of the arrest?

Answer 43

NO.

The officer need not have the warrant 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 [Sec. 7, Rule 113]

This is not a case of a warrantless arrest but merely an instance of an arrest effected by the police authorities without having the warrant in their possession at that precise moment [Mallari v. CA, G.R. No. 11069 (1996)]

Question 44

What are the rights of the arresting officer?

Answer 44

1. To orally summon as many persons as he deems necessary to assist him in effecting the arrest [Sec. 10, Rule 113]
2. To break into building or enclosure when the following concur:
   a. he person to be arrested is or is reasonably believed to be in said building;

b. He has announced his authority and purpose of entering therein; and

c. He has requested and been denied admittance.
[Sec. 11, Rule 113]

3. To break out from the building/enclosure when necessary to liberate himself [Sec. 12, Rule 113];
4. To search the person arrested for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense without a warrant [Sec. 13, Rule 126]

Question 45

What is the general rule re the duty of the arresting officer to inform the person to be arrested?

Answer 45

General rule: The officer shall inform the person to be arrested of:

1. His authority; and
2. The cause of the arrest

Exceptions:

1. When the person to be arrested is engaged in the commission of the offense;
2. When he is pursued immediately after its commission;
3. When he has escaped, flees or forcibly resists before the officer has the opportunity to so inform him; or
4. When the giving of such information will imperil the arrest.
   [Sec. 8, Rule 113]

Question 46

What are the instances where the arresting officer need not inform the person to be arrested of his authority and the cause of the arrest?

Answer 46

1. When the person to be arrested is engaged in the commission of the offense;
2. When he is pursued immediately after its commission;
3. When he has escaped, flees or forcibly resists before the officer has the opportunity to so inform him; or
4. When the giving of such information will imperil the arrest.

[Sec. 8, Rule 113]

Question 47

How is a Citizen’s Arrest (Arrest by a Private Person) executed?

Answer 47

1. The private person shall inform the person to be arrested of the intention to arrest him and the cause of the arrest except in the same cases as those for arrest by an officer without a warrant [Sec. 9, Rule 113]
2. The private person must deliver the arrested person to the nearest police station or jail, and he shall be proceeded against in accordance with Sec. 7, Rule 112 [Sec. 5, Rule 113] Otherwise, the private person may be held liable for illegal detention [Art. 125, RPC]

Question 48

What are the essential requisites for a valid warrantless arrest?

Answer 48

The warrant must:

a. Be issued upon probable cause determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce; and
b. Particularly describe the person to be arrested [Sec. 2, Art. III, Constitution]

Question 49

When does a judge issue a warrant of arrest?

Answer 49

A judge issues a warrant of arrest upon the filing of the information by the public prosecutor and after personal evaluation by the judge of the prosecutor’s resolution and supporting evidence [Sec. 5(a), Rule 112, as amended by A.M. No. 05-8-26-SC]

Question 50

Does the judge have to personally examine the complainant and his witnesses?

Answer 50

NO.

The judge does not have to personally examine the complainant and his witnesses. Established doctrine provides, he shall personally evaluate the report and the supporting documents submitted by the fiscal regarding the existence of probable cause:

a. If he finds probable cause, he shall issue a warrant of arrest, or
b. If on the basis thereof he finds no probable cause, he may disregard the fiscal’s report and require the submission of supporting affidavits of witnesses [People v. Gray, G.R. No. 180109 (2010); AAA v. Carbonell, G.R. No. 171465 (2007)]

Question 51

When is a warrant of arrest not necessary?

Answer 51

A warrant of arrest shall not issue

a. if the accused is already under detention pursuant to a warrant issued by the municipal trial court in accordance with Sec. 5(b) of Rule 112; or
b. if the complaint or information
1. was filed pursuant to Sec. 6 of Rule 112 or
2. is for an offense penalized by fine only [Sec. 5(c), Rule 112, as amended by A.M. No. 058-26-SC]

Sec. 5(b), Rule 112, as amended by A.M. No. 05-8-26SC states that the procedure for the issuance of a warrant of arrest by the judge shall be governed by Sec. 5(a). (See Part D.6 of this (Criminal Procedure) reviewer.)

Sec. 6 of Rule 112, as amended by A.M. No. 05-8-26SC states that when a person is lawfully arrested without a warrant involving an offense which requires a PI, the complaint or information may be filed by a prosecutor without need of such investigation provided an inquest has been conducted in accordance with existing rules.

Question 52

What may an MTC judge issue in lieu of a warrant of arrest if he is satisfied theat there is no necessity for placing the accused under custody?

Answer 52

The judge may issue summons instead of a warrant of arrest.

If complaint or information is filed with the MTC judge, and the judge finds probable cause, he shall issue a warrant of arrest, or a commitment order if the accused had already been arrested. However, if the judge is satisfied that there is no necessity for placing the accused under custody, he may issue summons instead of a warrant of arrest

[Sec. 8(b), Rule 112, as amended by A.M. No. 05-8-26-SC]

Question 53

What does Probable cause (in connection with the issuance of a warrant of arrest) entail?

Answer 53

Probable cause, in connection with the issuance of a warrant of arrest, assumes the existence of facts and circumstances that would lead a reasonably discreet and prudent man to believe that a crime has been committed and that it was likely committed by the person sought to be arrested [People v. Tan, G.R. No. 182310 (2009)]

Question 54

What is the difference bet. probable cause of prosecutor vs judge re. their nature?

Answer 54

Prosecutor:
Executive determination of PC [Mendoza v. People, G.R. No. 197293 (2014)]

Judge:
Judicial determination of PC [Sec. 2, Art. III, Constitution]

Question 55

What is the difference bet. probable cause of prosecutor vs judge re their purpose?

Answer 55

Prosecutor:
Determination of PC to hold a person for trial [Sec. 1, Rule 112, as amended by A.M. No. 05-826-SC]

Judge:
Determination of PC for the arrest of the accused [Baltazar v. People, G.R. No. 174016 (2008)]

Question 56

What is the difference bet. probable cause of prosecutor vs judge re their standard?

Answer 56

Prosecutor:
Sufficient ground to engender a well-founded belief that a crime has been committed, and that the respondent is probably guilty thereof and should be held for trial [Sec. 1, Rule 112, as amended by A.M. No. 05-826-SC]

Judge:
Set of facts and circumstances which would lead a reasonably discreet and prudent man to believe that the offense charged in the Information or any offense included therein has been
committed by the person sought to be arrested [Baltazar v. People, G.R. No. 174016 (2008)]

Question 57

Does the preliminary inquiry made by a Prosecutor bind the judge?

Answer 57

NO.
Merely assists the judge in making the determination of probable cause for issuance of the warrant of arrest.

The preliminary inquiry made by a Prosecutor does not bind the Judge. It merely assists him in making the determination of probable cause for issuance of the warrant of arrest. The Judge does not have to follow what the Prosecutor presents to him. By itself, the Prosecutor’s certification of probable cause is ineffectual. It is the report, the affidavits, the transcripts of stenographic notes (if any), and all other supporting documents behind the Prosecutor’s certification which are material in assisting the Judge in making his determination [Baltazar v. People, G.R. No. 174016 (2008)]