CHAPTER 4

Question 1

It is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.

Answer 1

Arrest

Question 2

HOW ARREST IS MADE?

Answer 2

1) an actual restraint of a person to be arrested
2) by his submission to the custody of the person making the arrest.

Question 3

What are the two modes of arrest?

Answer 3

1.Arrest by virtue of a warrant.
2.Arrest without a warrant under exceptional circumstances as may be provided by the statute.

Question 4

Is an order in writing issued in the name of the People of the Philippines signed by a judge directed to a peace officer, commanding him to arrest the person designated and take him into custody of the law in order that he may be bound to answer for the commission of an offense

Answer 4

WARRANT OF ARREST

Question 5

Essential Requisites of a Valid Warrant of Arrest?

Answer 5

1. It shall be issued upon probable cause
   2.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
2. Particularly describing the person to be arrested

Question 6

refers to the facts and circumstances which could lead a reasonable, discreet and prudent man to believe that the property subject of an offense is in the place sought to be searched.

Answer 6

PROBABLE CAUSE

Question 7

it is a warrant containing no specific person to be arrested but only descriptions based from the testimonies of the victims or the witnesses. It contains the physical description of the accused as well as other factors to be considered for the identification of the accused.

Answer 7

RICHARD DOE/JOHN DOE WARRANT

Question 8

It refers to the warrant of arrest issued by a judge to the peace officer after returning the original warrant of arrest after the lapse of the 10-day validity period.

Answer 8

ALIAS WARRANT

Question 9

It is any authorized member from the law enforcement agency usually from the Philippine National Police (PNP) or National Bureau of Investigation (NBI) who holds a warrant for execution within 10 days from receipt subject to renewal in case of failure to execute the same.

Answer 9

WARRANT OFFICER

Question 10

The head of office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within 10 days from its receipt.

Answer 10

EXECUTION OF WARRANT

Question 11

As a general rule, it is a requisite that warrant should be issued in the name of the person to be arrested. Any peace officer who arrests a person without warrant

Answer 11

WARRANTLESS ARREST

Question 12

THE EXTENT OF AUTHORITY OF ARRESTING OFFICER

Answer 12

1.Can employ necessary force to carry out the arrest
2. Can restrain the subject in order to take him into custody
3. Can deliver the subject to jail
4. Can orally summon as many persons as he deems necessary to aid him during the arrest
5. Can break into a building or enclosure where subject is or is reasonably believed to be, when admittance is refused despite announcement of his authority and purpose
6. Can break out the building or enclosure when necessary to liberate himself
7. Can search arrested person for weapon or anything used, or constitute proof in the commission of an offense

Question 13

WHAT TO DO AFTER AN ARREST?

Answer 13

1.Photographed
2.Fingerprinted
3.Medically examined and booked
4. Record checked
5. Interviewed/Interrogated
6. Prepare joint affidavit surrounding the arrest
7. Line-Up or Reenactment
8. Inquest or file charges the regular ways
9. Return warrant of arrest
10. Prepare formal report on the case
11.Arrest and detention of foreign nationals
12. Minor below 18 years old shall be referred to a Medico-legal officer for physical and mental examination

Question 14

Any person arrested could be detained

Answer 14

ARRESTED PERSON

Question 15

As used in this subject, is the act of examining persons, documents, papers and effects.

Answer 15

SEARCH

Question 16

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 search for personal property and bring it before the court

Answer 16

SEARCH WARRANT

Question 17

The rights of the people to be secure in their persons, house, papers and effects against unreasonable searches and seizure of whatever purpose shall be inviolable, and no search warrant or warrant of arrest may issue except upon probable cause to be personally determined by the judge after oath or examination of the complainant or the witnesses he may produce and particularly describing therein the places to be searched and the persons or things to be seized.

Answer 17

CONSTITUTIONAL PROVISION ON SEARCH

Question 18

WHO SHOULD WITNESS A SEARCH?

Answer 18

1. The legal occupant thereof;
2. Any member of his family;
3. In the absence of the latter, two witnesses of sufficient age and discretion residing in the same locality

Question 19

INSTANCES OF WARRANTLESS SEARCHES?

Answer 19

1.SEARCH INCIDENTAL TO A LAWFUL ARREST
2. SEARCH IN VIOLATION OF TARIFF AND CUSTOM LAWS
3. PLAIN VIEW DOCTRINE SEARCH
4. SEARCH OF MOVING VEHICLES
5. INSPECTION OF BUILDING FOR FIRE AND SANITARY REGULATIONS
6.CONSENTED SEARCH

Question 20

This is legally accepted provided that the search is contemporaneous to the arrest and within the permissible area. A person lawfully arrested may be searched for dangerous weapons or anything, which may be used as proof of the commission of an offense, without search warrant.

Answer 20

SEARCH INCIDENTAL TO A LAWFUL ARREST

Question 21

The search involves illegal entry of smuggled goods in our country that may affect the local business especially the small time businessmen. The search is usually conducted by the officers and agents of the Bureau of Customs.

Answer 21

SEARCH IN VIOLATION OF TARIFF AND CUSTOM LAWS

Question 22

Police officers can seize articles or objects which inadvertently come to their view without exerting any efforts and which object is incriminatory to the accused. Based from decisions of trial courts, the doctrine includes the five senses of an individual to detect violation of law.

Answer 22

PLAIN VIEW DOCTRINE SEARCH

Question 23

The search of moving vehicles is popularly called as “Checkpoint”. This instance of warrantless search cannot be done anytime. The “Checkpoints” must be done during “Abnormal time” when the public welfare is at stake. Thus, every vehicle that passes the certain checkpoint can search without search warrant.

Answer 23

SEARCH OF MOVING VEHICLES

Question 24

Inspectors of a certain building for the purpose of maintaining sanitation, fire and building regulations are required to enter every building as well as every room necessary to be inspected without arming themselves with search warrant. The inspectors need not be armed with search warrant to enter the premises or rooms of the building to be inspected.

Answer 24

INSPECTION OF BUILDING FOR FIRE AND SANITARY REGULATIONS

Question 25

If the person submitted himself voluntarily to be search, it is valid, as if there is a search warrant because of the consent of the person to be searched. The consent of the person must not have been because of intimidation, threat of the person making the search.

Answer 25

CONSENTED SEARCH