Rule 113- Arrest

Question 1

What is arrest?

Answer 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.
(Sec. 1, Rule 113, Rules of Court)

Question 2

When does warrant of arrest be issued?

Answer 2

It is constitutionally mandated that a warrant of arrest shall issue only upon a finding of probable cause to be determined personally by the judge.

Question 3

What is probable cause for issuance of a warrant of arrest?

Answer 3

Probable cause is such facts and circumstances which would lead a reasonably discreet or prudent man to believe that an offense has been committed by the person sought to be arrested.

Question 4

When a warrantless arrest is lawful?

Answer 4

As a general rule, no arrest can be made without valid warrant issued by a competent judicial authority. A warrantless arrest is merely the exception. Thus, the following circumstances when a peace officer or a private person may, without a warrant, arrest a person:

1. when, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;
2. when an offence 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
3. 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.

Question 5

Who may make the warrantless arrest?

Answer 5

A peace officer or a private person (citizen’s arrest) may, without a warrant, arrest a person when, in his presence, the person to be arrested, is actually committing, or is attempting to commit an offense (arrest in flagranti delicto).

Question 6

When a warrantless arrest of a person caught in flagranti delicto valid?

Answer 6

These two 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;
2. such overt act is done in the presence or within the view of the arresting officer.

Question 7

What is the basis and exception in in flagranti delicto?

Answer 7

The rule requires that the accused perform some overt act that would indicate that he has committed, is actually committing, or is attempting to commit an offense. The person making the arrest himself witnesses the crime and hence, has personal knowledge of the commission of the offense. Mere suspicion and reliable information are not justifications for a warrantless arrest.

Question 8

What is the difference between in flagranti delicto exception and hot pursuit exception?

Answer 8

Under the flagranti delicto exception, the person making the arrest himself witnesses the crime. IN the hot pursuit exception, the person making the arrest knows for a fact that a crime has been committed.

Question 9

What are the stringent requirements for a warrantless arrest under hot pursuit exception to be valid?

Answer 9

It necessitates these two requirements:

1. an offense has just been committed; and
2. the person making the arrest has personal knowledge of facts indicating that the person to be arrested has committed it.

Question 10

What is the time of making an arrest?

Answer 10

An arrest may be made on any day and at any time of the day or night.

Question 11

What are the methods of arrest without a warrant?

Answer 11

1. arrest by an officer; and

2. arrest by a private person.

Question 12

What is Archiving of cases?

Answer 12

It is a procedural measure designed to temporarily defer the hearing of cases in which no immediate action is expected, but where no grounds exist for their outright dismissal.

Question 13

When does a criminal case may be archived?

Answer 13

As a rule, a criminal case shall be archived only if, after the issuance of arrest, the accused remains at large for 6 months from the delivery of the warrant to the proper peace officer and when the proceedings in the case are ordered suspended for an indefinite period because of the following reasons:

a. the accused appears to be suffering from an unsound mental condition which effectively renders him unable to fully understand the charge against him;
b. a valid prejudicial question in a civil action in invoked during the pendency of the criminal case, unless the civil and criminal cases are consolidated;
c. an interlocutory order is elevated to and pending resolution; and
d. the accused has jumped bail before arraignment and cannot be arrested by the bondsman.

Question 14

What are the rights of the person arrested?

Answer 14

The rights of a person arrested, detained or under custodial investigation are: (R.A. 7438)

1. the right to be assisted by counsel at all times;
2. the right to remain silent;
3. the right to be informed of the above rights; and
4. the right to be visited by the immediate members of the family, by his counsel, or by any non-governmental organization, national or international.

Question 15

When does extrajudicial confession admissible as evidence against the accused?

Answer 15

The following are the requisites of extrajudicial confession to be admissible:

1. it must be voluntary;
2. made with the assistance of a competent and independent counsel;
3. express; and
4. in writing.

Question 16

What is custodial investigation?

Answer 16

It begins to operate as soon as the investigation ceases to be a general inquiry into an unsolved crime and the interrogation is then aimed on a particular suspect who has been taken into custody and to whom the police would then direct interrogatory questions that tend to elicit incriminating statements.

Question 17

What is the expanded meaning of custodial investigation?

Answer 17

It includes the practice of issuing an invitation to a person who is investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of the inviting officer for any violation of law. (Sec. 20 of RA 7438)

Question 18

What are the rights of a person under the Miranda Doctrine?

Answer 18

Any person under custodial investigation has the following rights:

a. right to remain silent;
b. anything he says can and will be used against him in court of law;
c. he has the right to talk to an attorney before being questioned and to have his counsel present when being questioned; and
d. if he cannot afford an attorney, one will be provided before any questioning if he so desires.

Question 19

What are the effects of an invalid or illegal arrest?

Answer 19

An invalid or illegal arrest leads to several consequences among which are:

a. the failure to acquire jurisdiction over the person of the accused;
b. criminal liability of law enforcers for illegal arrest; and
c. any search incident to the arrest becomes invalid thus rendering the evidence acquired as constitutionally inadmissible.

Question 20

What is the effect of admission to bail on objections to an illegal arrest?

Answer 20

It shall not bar the accused from challenging the validity of his arrest or the legality of the warrant issued, provided that he raises the objection before he enters his plea and the court shall resolve such not later than the start of the trial of the case.

Question 21

Who are the persons not subject to arrest?

Answer 21

1. A Senator or member of the House of Representatives, in all offenses punishable by not more than 6 years imprisonment, be privileged from arrest while the Congress is in session (Sec. 11, Article VI of the 1987 Constitution);
2. Sovereigns and other chiefs of state, ambassadors, ministers plenipotentiary, ministers resident, and charge d’affaires (under generally accepted principles of international law); and
3. duly accredited ambassadors, public ministers of a foreign country, their duly registered domestics (principle of reciprocity).