Rule 113-Arrest Flashcards
Define arrest.
is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.
How is an arrest made?
made by an actual restraint of a person to be arrested, or by his submission to the custody of the person making the arrest.
What is the duty of the arresting officer?
arrest the accused and to deliver him to the nearest police station or jail without unnecessary delay.
How is a warrant executed?
Step 1: 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.
Step 2: 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.
Step 3: In case of his failure to execute the warrant, he shall state the reasons therefor.
When is an arrest by a peace officer or private person without warrant lawful?
(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.
When can an arrest be made (time of making arrest)?
on any day and at any time of the day or night.
Method of arrest by officer by virtue of warrant
The officer shall inform the person to be arrested of the cause of the arrest and 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.
T or F: In an arrest by officer by virtue of warrant, the officer must have the warrant in his possession at the time of the arrest.
False, 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.
Method of arrest by officer 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 so to inform him, or when the giving of such information will imperil the arrest.
Method of arrest by private person.
A private person shall inform the person to be arrested of the intention to arrest him and cause of the arrest, unless the latter is either 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 when the giving of such information will imperil the arrest.
How many persons can an officer making a lawful arrest may orally summon to assist him in effecting the arrest?
as many persons as he deems necessary
Can 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?
Yes, according to Sec.11, Rule 113 of Criminal Procedure.
T or F: 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.
True
T or F: Only a 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.
True
T or F: 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.
True
