CRIM PRO - RULE 113-115

Question 1

Definition of arrest

Answer 1

RULE 113. Section 1. Definition of arrest. — Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. (1)

Question 2

How is arrest made?

Answer 2

RULE 113. Section 2. Arrest; how made. — 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.

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. (2a)

Question 3

Period for execution of warrant

Answer 3

RULE 113. Section 4. Execution of warrant. — The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within ten (10) days from its receipt.

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. In case of his failure to execute the warrant, he shall state the reasons therefor. (4a)

Question 4

When is arrest without a warrant lawful?

Answer 4

RULE 113. Section 5. Arrest without warrant; when lawful. — A peace officer or a private person may, without a warrant, arrest a person:

(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.

In cases falling under paragraph (a) and (b) above, 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 section 7 of Rule 112. (5a)

Question 5

When may arrest be made?

Answer 5

RULE 113. Section 6. Time of making arrest. — An arrest may be made on any day and at any time of the day or night. (6)

Question 6

Method of arrest by an officer by virtue of a warrant

Answer 6

RULE 113. Section 7. Method of arrest by officer by virtue of warrant. — When making an arrest by virtue of a warrant, the officer shall inform the person to be arrested of

[1] the cause of the arrest and

[2] of the fact that a warrant has been issued for his 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 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. (7a)

Question 7

Must the officer possess the warrant when making the arrest?

Answer 7

No.

RULE 113. Section 7. Method of arrest by officer by virtue of warrant. — [xxx] 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. (7a)

Question 8

Method of arrest by officer without warrant.

Answer 8

RULE 113. Section 8. Method of arrest by officer without warrant. — When making an arrest without a warrant, the officer shall inform the person to be arrested of

[1] his authority and the cause of the arrest,

unless the latter is either [1] engaged in the commission of an offense, is pursued immediately after its commission, has escaped, flees or forcibly resists before the officer has opportunity so to inform him, or

[2] when the giving of such information will imperil the arrest. (8a)

Question 9

Method of arrest by private person.

Answer 9

RULE 113. Section 9. Method of arrest by private person. — When making an arrest, a private person shall inform the person to be arrested of

[1] the intention to arrest him and

[2] cause of the arrest,

unless the latter is either [1] engaged in the commission of an offense, is pursued immediately after its commission, or has escaped, flees, or forcibly resists before the person making the arrest has opportunity to so inform him, or

[2] when the giving of such information will imperil the arrest. (9a)

Question 10

Officer may summon assistance.

Answer 10

RULE 113. Section 10. Officer may summon assistance. — An officer making a lawful arrest may orally summon as many persons as he deems necessary to assist him in effecting the 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.

Question 11

May an officer break into a building to cause an arrest?

Answer 11

Section 11. Right of officer to break into building or enclosure. — An officer, in order to make an arrest either by virtue of a warrant, or without a warrant as provided in section 5, may break into any building or enclosure 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. (11a)

Question 12

Right of an officer to break out from building or enclosure

Answer 12

RULE 113. Section 12. Right to break out from building or enclosure. — Whenever an officer has entered the building or enclosure in accordance with the preceding section, he may break out therefrom when necessary to liberate himself. (12a)

Question 13

Arresting after escape or rescue

Answer 13

RULE 113. Section 13. Arrest after escape or rescue. — 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. (13)

Question 14

Right of attorney or relative to visit person arrested.

Answer 14

RULE 113. Section 14. Right of attorney or relative to visit person arrested. — Any member of the Philippine Bar shall, at the request of the person arrested or of another acting in his behalf, have the right to visit and confer privately with such person in the jail or any other place of custody at any hour of the day or night. Subject to reasonable regulations, a relative of the person arrested can also exercise the same right. (14a)

Question 15

Define “Bail”

Answer 15

Section 1. Bail defined. — Bail is the security given for the release of a person in custody of the law,

furnished by him or a bondsman,

to guarantee his appearance before any court as required under the conditions hereinafter specified.

Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance. (1a)

Question 16

Purpose of bail

Answer 16

Section 1. Bail defined. — […] to guarantee [a person in custody’s] appearance before any court as required under the conditions hereinafter specified.

Question 17

Form of bail

Answer 17

Section 1. Bail defined. — […] to guarantee [a person in custody’s] appearance before any court as required under the conditions hereinafter specified.Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance. (1a)

Question 18

What are the conditions for bail?

Answer 18

[a] effectivity upon approval;
[b] accused’s appearance before court when required;
[c] failure to appear = waiver of right to be present
[d] obligation of the bondsman to surrender the accues for the execution of the final judgment

Section 2. Conditions of the bail; requirements. — All kinds of bail are subject to the following conditions:

(a) The undertaking shall be effective upon approval, and unless cancelled, shall remain in force at all stages of the case until promulgation of the judgment of the Regional Trial Court, irrespective of whether the case was originally filed in or appealed to it;

(b) The accused shall appear before the proper court whenever required by the court of these Rules;

(c) The failure of the accused to appear at the trial without justification and despite due notice shall be deemed a waiver of his right to be present thereat. In such case, the trial may proceed in absentia; and

(d) The bondsman shall surrender the accused to the court for execution of the final judgment.

The original papers shall state the full name and address of the accused, the amount of the undertaking and the conditions herein required. Photographs (passport size) taken within the last six (6) months showing the face, left and right profiles of the accused must be attached to the bail. (2a)

Question 19

When may accused allowed to be released?

Answer 19

Section 3. No release or transfer except on court order or bail. — No person under detention by legal process shall be released or transferred except upon order of the court or when he is admitted to bail. (3a)

Question 20

When is bail a matter of right?

Answer 20

Section 4. Bail, a matter of right; exception. — All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or released on recognize as prescribed by law or this Rule

(a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and

(b) before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment. (4a)

Question 21

When is bail discretionary?

Answer 21

Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment, admission to bail is discretionary.

Section 5. Bail, when discretionary. — Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment, admission to bail is discretionary. The application for bail may be filed and acted upon by the trial court despite the filing of a notice of appeal, provided it has not transmitted the original record to the appellate court. However, if the decision of the trial court convicting the accused changed the nature of the offense from non-bailable to bailable, the application for bail can only be filed with and resolved by the appellate court.

Should the court grant the application, the accused may be allowed to continue on provisional liberty during the pendency of the appeal under the same bail subject to the consent of the bondsman.

If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused shall be denied bail, or his bail shall be cancelled upon a showing by the prosecution, with notice to the accused, of the following or other similar circumstances:

(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime aggravated by the circumstance of reiteration;

(b) That he has previously escaped from legal confinement, evaded sentence, or violated the conditions of his bail without valid justification;

(c) That he committed the offense while under probation, parole, or conditional pardon;

(d) That the circumstances of his case indicate the probability of flight if released on bail; or

(e) That there is undue risk that he may commit another crime during the pendency of the appeal.

The appellate court may, motu proprio or on motion of any party, review the resolution of the Regional Trial Court after notice to the adverse party in either case. (5a)

Question 22

Definition of capital offense

Answer 22

Section 6. Capital offense defined. — A capital offense is an offense which, under the law existing at the time of its commission and of the application for admission to bail, may be punished with death. (6a)

Question 23

When is an offense not bailable?

Answer 23

Section 7. Capital offense of an offense punishable by reclusion perpetua or life imprisonment, not bailable. — No person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, shall be admitted to bail when evidence of guilt is strong, regardless of the stage of the criminal prosecution. (7a)