RULE 113

Question 1

What is 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 the crime (Section 1, Rule 3. ROC)

Question 2

What are the Modes of Arrest?

Answer 2

A. Arrest by virtue of a valid warrant
B. Arrest without a warrant under exceptional circumstances as may be provided by a statute

Question 3

Who are the persons NOT subject to an arrest?

Answer 3

a. Senators and Member of the House of Representatives, PROVIDED the offense is not punishable by more than 6 years;
b. Sovereigns and other chiefs of state, ambassadors, ministers plenipotentiary, ministers resident, and charges d’affairs;
c. Duly accredited ambassadors, public ministers of foreign country, their duly registered domestics, subject to reciprocity

Question 4

What are the Modes of Effecting Arrest?

Answer 4

1. By an actual restraint of the person to be arrested; or
2. By his submission to the custody of the person making the arrest.

Question 5

What may be confiscated upon arrest?

Answer 5

1.Objects which are the Fruits of the crime;
2. Dangerous weapons and those which may be used as evidence ni the case;
3. Objects, the possession of which is Illegal per se
4. Objects Subject of the offense or used or intended to be used in the commission of the crime; and
5. Those which might be used by the arrested person to Commit violence or to escape

Question 6

What are the duties of an arresting officer?

Answer 6

1. To make an arrest thereunder but also makes ti his duty to carry out without delay the commands thereof; and
2. To deliver the person arrested to the nearest police station or jail without unnecessary delay.

Question 7

How does a Judge issue a warrant?

Answer 7

1. Upon the filing of the Information by the prosecutor; and
2. Upon application of a peace officer.

Question 8

What are the Requisites for the Issuance of a Warrant of Arrest?

Answer 8

1. Finding of Probable cause, and
2. Personal determination by the judge of such probable cause.

Question 9

What are the Conditions that must Concur for the Issuance of Warrant of Arrest?

Answer 9

1. The judge must Personally evaluate the report supporting documents submitted by the fiscal regarding the existence of probable cause;
2. If on the basis thereof, he finds no probable cause, he may Disregard the report and require
   the submission of supporting affidavits of witnesses to aid him in arriving at a conclusion as to the existence of probable cause; and
3. Must personally be satisfied that a Probable cause exists.

Question 10

Who Executes the Warrant?

Answer 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.

Question 11

What is the Period of Effectivity of a Warrant of Arrest?

Answer 11

The arrest warrant continues to be in force even though ti was not served within the timespan provided for in Rule 113, Sec. 4 of the ROC