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1. The document outlines the duties and procedures that arresting officers in the Philippine National Police must follow when making an arrest. Arrests should generally only be made with a valid arrest warrant, except in certain circumstances like a citizen's arrest.
2. When making an arrest, officers cannot use unnecessary violence or force and can only restrain individuals as much as needed. Arrests can happen at any time of day. Officers must inform individuals of the reason for arrest, except in certain situations.
3. Arrested individuals must be brought to the nearest police station without unnecessary delay and are subject to inquest proceedings. Officers cannot use torture, threats or secret detentions when dealing with suspects.
1. The document outlines the duties and procedures that arresting officers in the Philippine National Police must follow when making an arrest. Arrests should generally only be made with a valid arrest warrant, except in certain circumstances like a citizen's arrest.
2. When making an arrest, officers cannot use unnecessary violence or force and can only restrain individuals as much as needed. Arrests can happen at any time of day. Officers must inform individuals of the reason for arrest, except in certain situations.
3. Arrested individuals must be brought to the nearest police station without unnecessary delay and are subject to inquest proceedings. Officers cannot use torture, threats or secret detentions when dealing with suspects.
1. The document outlines the duties and procedures that arresting officers in the Philippine National Police must follow when making an arrest. Arrests should generally only be made with a valid arrest warrant, except in certain circumstances like a citizen's arrest.
2. When making an arrest, officers cannot use unnecessary violence or force and can only restrain individuals as much as needed. Arrests can happen at any time of day. Officers must inform individuals of the reason for arrest, except in certain situations.
3. Arrested individuals must be brought to the nearest police station without unnecessary delay and are subject to inquest proceedings. Officers cannot use torture, threats or secret detentions when dealing with suspects.
All arrests should be made only on the basis of a valid warrant of arrest issued by a competent authority, except in cases specified under the Doctrine of Citizens Arrest (Sec. 5, Rule 113, Rules on Criminal Procedure). Arrest is the actual restraint of the 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, and the person to be arrested shall not be subjected to any greater restraint than is necessary for his detention. SEC. 1. Time of Arrest As a general rule, arrests may be on any day at any time of the day or night. SEC. 2. Modes of Arrest An arrest may be made by virtue of a Warrant of Arrest, or without a warrant as hereinafter provided. SEC. 3. Execution of Arrest The head of the office to whom the warrant of arrest has been delivered for execution shall cause the warrant to be executed within ten (10) days from receipt. Within ten days after the expiration of such period, the officer to whom it was assigned for execution shall make a report to the judge who issued the warrant and, in case of his failure to execute the same, shall state the reasons therefore. SEC. 4. Arrest by Virtue of a Warrant of Arrest a. it shall be the duty of the officer executing the warrant to arrest the accused without unnecessary delay and deliver him to the nearest police station or jail. b. When making an arrest by virtue of a 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 before the officer has the 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. SEC. 5. Arrest Without a 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 prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement area to another. SEC. 6. Duties of Arresting Officer in Case of Arrest Without a Warrant a. The arresting officer shall inform the subject or suspect, in the dialect or language known to him, why he is being arrested, and of his right to remain silent and to have a counsel of his own choice, to be inform of his authority and the cause of the arrest, unless the person to be arrested is then engaged in the commission of an offense or is pursued immediately after its commission or after and escapes; or flees or forcibly resists before the officer has opportunity to so inform him, or when the giving of such information will imperil the arrest. b. The arrested person shall be delivered to the proper authorities without unnecessary delay and within the time prescribed in article 125 of the Revised Penal Code, as amended (12, 18, or 36, hours, as the case may be ). c. The person arrested without a warrant shall be delivered to the nearest police station or jail, and shall be the subject of inquest proceedings under Section 7, Rule 112 of the 2000 Rule of Criminal Procedure. d. If the person arrested without a warrant waives his right to remain to silent under the provisions of Art 125 of the Revised Penal Code and opts to give a statement and present evidence for his defense, the arresting officer shall ensure that the waiver made by the person arrested shall be in writing and in the presence of his counsel of choice. SEC. 7. Physical of Arrested Person/ Suspect Immediately after arrest of person ordered arrested by the court, or of a suspect under investigation, he should be subjected to a physical examination by a medico-legal officer or, in the absence of such medico-legal officer, by any government physician in the area. Prior to is release or any change of custody, the suspect shall also be physically examined. SEC. 8. Prohibitions No torture, force, violence, threat, intimidation, or any other means which violates the free will shall be used against a suspect. Secret detention places, solitary confinement (incommunicado) or other similar forms of detention shall be prohibited. SEC. 9. Record Check The officer shall make a record check for the possibility that the arrested person is wanted for crimes other that for which the same was arrested.