Arrest Flashcards
The taking of a person in custody in order that he may be bound to answer for the commission of an offense.
ARREST
Rules to be considered in Conducting Arrest:
a. No violence or unnecessary force shall be used in making an arrest;
b. The person arrested shall not be subject to a greater restraint than is necessary for his detention;
c. It shall be 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;
d. The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within 10 days from its receipt. Within 10 days after the expiration of the period, the officer whom it was assigned for execution shall make a report to the judge who issued the warrant. In case of his failure to execute the warrant, he shall state the reason therefore; and
e. Arrest may be made on any day at any time during the day or night. (sections 1,2,3,4,5, and 6, Rule 113, Rules of Court)
It is an arrest is an order in writing issued in the name of the people of the Philippines, signed by the judge and directed to a peace officer, commanding him to arrest a person or persons stated therein and deliver them before the court.
Warrant of Arrest
Requisites for a valid warrant of arrest:
- It shall be issued upon probable cause; (Probable cause = Reasonable cause/well founded belief)
- The probable cause is determined personally by the judge upon examination under oath or affirmation of the complainant and the witnesses he may produce; and
- Particularly describing the person to be arrested. (sec. 2, art III philconsti.)
Take note: Oath is applicable if the person making his affidavit believes in God while affirmation is applicable to someone who does not believe in God.
True
Life Span of a Warrant of Arrest
As long as the person stated in the warrant of arrest is not arrested, it shall remain valid even if several years already lapsed. However, the head of the office to which the warrant of arrest was delivered for execution shall cause the warrant to be executed within 10 days from its receipt. Within 10 days after the expiration period, the officer to whom it was assigned for execution shall make a report to the judge who issued the warrant. In case of his failure to execute the warrant, he shall state the reason for its non-execution but the validity of the warrant is not affected. ( sec 4, rule 113 of the rules of court).
IN SHORT, There is no expiration date until the person stated in the warrant is arrested, and if the issued warrant was not executed within 10 days, the officer should state a reason for its non-execution.
As a rule, every arrest must be done by virtue of a warrant of arrest, what are the exemptions to this rule?
- When in the presence of the arresting person, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;
- When an offense has just been committed and the arresting person has probable cause to believe based on the personal knowledge of facts and circumstances that the person to be arrested committed it; and
- When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgement or is temporally confined while his case is pending, or has escaped while being transferred from one confinement to another.
In cases falling under paragraphs (a) and (b.) above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall undergo a preliminary investigation or inquest proceeding.
What is the method of conducting arrest with warrant of arrest by a police officer?
When making an arrest by virtue of a warrant, 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 is arrest, except when he flees or forcibly resists before the officer has opportunity to so inform him, or when the giving of such information will imperil the arrest.
The officer need not to 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.
What is the method of conducting arrest without warrant of arrest by a police officer?
When making an arrest without 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, or forcibly resists before the officer has opportunity to so inform him, or when the giving of such information will imperil the arrest.
What is the method of conducting arrest by private person?
The private person when making an arrest, shall inform the person to be arrested of the intention to arrest him 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, or forcibly resists before the person making the arrest has opportunity to so inform him, or when the giving of such information will imperil the arrest.
What if the person lawfully arrested escapes?
If a person lawfully arrested escapes, any person may immediately pursue or retake him without a warrant at any time and in any place within the Philippines. This is known as Hot Pursuit.
What are the rights of police officers conducting arrest and what are the rights of arrested person?
The rights of the police officers conducting arrest are the following:
A. The right to summon assistance:
An officer making an arrest may usually summon as many persons as he deems necessary to assist him in effecting 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.
B. Right to break into building or enclosure; and
An officer, in order to make an arrest either by virtue of a warrant, or without a warrant may break into any building or n where the person to be arrested is or is reasonably believed to be, if he is refused admittance thereto, after announcing his authority and purpose.
C. Right to break out from building or enclosure.
Whenever an officer has entered the building or enclosure to conduct arrest, he may breakout therefrom when necessary to liberate himself.
The rights of the arrested persons are the following:
a. Right against torture, force, intimidation and the like; and
b. Right to be visited and conferred privately with his lawyer in the jail or any other place of
custody at any hour of the day or night, subject to reasonable regulations.
What are the crimes that may be committed by a police officer while conducting arrest, whether with or without warrant?
The crimes that maybe committed by a police officer while conducting arrests, whether with or without warrant, are as follows
A. Delay in the delivery of detained persons to the proper Judicial authority is committed by the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the following period:
● 12 hours for crimes punishable by light penalties;
● 18 hours for crimes punishable by correctional penalties; and
● 36 hours for crimes punishable by afflictive or capital punishment
B. Unlawful arrest is committed by any person who, in any case other than those authorized by law, shall arrest or detain another for the purpose of delivering him to proper judicial authorities.
What is the arrest is not authorized by law and the person arrested is delivered to any other place aside from jail or police station?
- If the arrest is not authorized by law and the person arrested is delivered to any other place aside from jail or police station, the arresting person is liable for the crime of kidnapping.
- If the arresting person detains the arrested person without legal ground, he is liable either
- Illegal detention – if the detaining person is a private person
- Arbitrary detention- if the detaining person is a public officer or employee
