Rule 113 Arrest

Question 1

Sec. 2. Arrest; how made. - An arrest is made by an (—1—) of a person to be arrested, or by his submission to the custody of the person making the arrest.
No (—2—) shall be used in making an arrest. The person arrested shall
not be subject to a (—3—) than is necessary for his detention.

Answer 1

1. actual restraint
2. violence or unnecessary force
3. greater restraint

Question 2

Sec. 3. Duty of arresting officer. - It shall be the duty of the officer executing the warrant to
arrest the accused and (—1—) him to the nearest police station or jail without (—2—) delay.

Answer 2

1. deliver

2. unnecessary

Question 3

Sec. 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 (—1—) days from its
receipt. Within (—2—) days after the expiration of the period, the officer to whom it was
assigned for execution shall make a (—3—) to the judge who issued the warrant. In case of his
failure to execute the warrant, he shall (—4—) therefore.

Answer 3

1. ten (10)
2. ten (10)
3. report
4. state the reason

Question 4

Sec. 5. Arrest without warrant; when lawful. - A (—1—) 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;

Answer 4

1. peace officer or a private person

Question 5

(b) When an offense has just been committed and he has probable cause to believe based on
(—1—) of facts or circumstances that the person to be arrested has committed it;

Answer 5

1. personal knowledge

Question 6

(c) When the person to be arrested is a prisoner who has escaped from a (—1—)
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.

Answer 6

1. penal establishment

Question 7

In cases falling under paragraphs (a) and (b) above, the person arrested without a warrant
shall be forthwith delivered to the (—1—) and shall be proceeded against
in accordance with section 7 of Rule 112.

Answer 7

nearest police station or jail

Question 8

Sec. 6. Time of making arrest. - An arrest may be made on any day and at any time of the (—1—)

Answer 8

1. day or night.

Question 9

Sec. 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 the (—1—) of the arrest and the (—2—) 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 (—3—) the arrest. The officer need (—4—) 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 (—5–).

Answer 9

1. cause
2. fact
3. imperil
4. not
5. as soon as practicable

Question 10

Sec. 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—) 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 to
so inform him, or when the giving of such information will imperil the arrest.

Answer 10

1. his authority

Question 11

Sec. 9. Method of arrest by private person. - When making an arrest, a private person shall
inform the person to be arrested of the (—1—) to arrest him and the (—2—) 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.

Answer 11

1. intention

2. case

Question 12

Sec. 10. Officer may summon assistance. - An officer making a lawful arrest may (—1—)
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 (—2—) to himself.

Answer 12

1. orally summon

2. detriment

Question 13

Sec. 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 (—1—) thereto, after announcing his authority and purpose.

Answer 13

1. refused admittance

Question 14

Sec. 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 (—1—) himself.

Answer 14

1. liberate

Question 15

Sec. 13. Arrest after escape or rescue. - If a person lawfully arrested escapes or is rescued, (—1—) may immediately pursue or retake him without a warrant at any time and in any place
within the Philippines.

Answer 15

1. any person

Question 16

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

Answer 16

RULE 113 - ARREST

Section 1. Definition of arrest. - Arrest

Question 17

Sec. 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 (—1—). Subject to reasonable regulations, a relative of the person arrested
can also exercise the same right.

Answer 17

1. any

hour of the day or night