IV.

Arrest

Defined:

1. [Based on Rules of Court] The taking of a person in custody in order that he may
be bound to answer for the commission of an offense (Sec. 1, RRC)

2. [Based on Jurisprudence] A restraint on person, depriving one of his own will

and liberty, binding him to become obedient to the will of the law (Larra�aga v.
CA, 92 SCAD 605)

How made:

As to the manner of enforcement, by:

1) Actual restraint, or
2) Submission to the custody of the person making arrest

As to the presence or absence of judicial order:

1) By virtue of a warrant, or
2) Warrantless arrest, in cases allowed by the Rules

As to the person arresting:

1) Arrest by peace officer, or

2) Citizens arrest

When warrantless arrests allowed:

1. Inflagrante Delicto arrest � when in his presence, the person to be arrested

has:

Committed

Is actually committing an offense

Is attempting to commit

Translation: In flagrante delicto [latin] � Literally, �caught in the act of

wrong�.

2. Hot Pursuit arrest � when an offense has Ajust been committed and Bhe has
probable cause to believe based on personal knowledge of facts or circumstances
that the person arrested has committed it.

Tests in determining probable cause based on personal knowledge:

Must be based on the senses, i.e. 1) Sight
2) Hearing
3) Smell

Notes:

A. The arresting officer must have personal knowledge of the commission of the
crime through his senses. He cannot �fish� for evidence first and afterward make
the arrest.

B. The term �personal knowledge� excludes hearsay as a basis for probable cause.

C. There must first be a lawful arrest before any search may be conducted. The
process cannot be reversed (Dissent of Chief Justice A. Narvasa, People v.
Malmstedt). Exception: in case of valid warantless searches (Majority opinion,
People v. Malmstedt, 198 SCRA 401).

D. For purposes of arrest � Officer 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 (Sec. 11, RRC).

E. For purposes of search and seizure � he cannot break into any building or
enclosure without violating the right of privacy. Exceptions: 1) When there is
consent (Dissent of Justice I. Cruz, People v. Evaristo, 216 SCRA 431). 2) When
there is a warrant.

3. Arrest of fugitives from justice � persons who has escaped from a penal
establishment, place of confinement etc. while serving sentence, temporarily
confined, or case is still pending � may be arrested under the theory that �he is
engaged in the commission of a continuing offense� (Parulan v. Director of Prisons,
22 SCRA 639).

Methods of Arrest:

I. With warrant, by officer:

The officer shall inform the person of: 1) the cause of the arrest

2) fact that warrant exist

Exception: 1) When he flees or forcibly resist before 1 & 2 is completed

2) When the giving of info will imperil the arrest

II. Without warrant, by an officer and by private persons:

Inform the person of 1) authority and cause of arrest [if person arresting is
police officer] or 2) intent to arrest and cause [if person arresting is private
person]

Unless when the person to be arrested is either:

1) Engaged in the commission of the offense

2) Is pursued immediately after its commission

3) Has escaped, flees or forcibly resist before the officer or the private
person making the arrest has the opportunity to inform him of 1 & 2, or

4) When the giving of info would imperil the arrest

Tests in determining lawfulness of USE OF LETHAL FORCE by the arresting officer:

1) Test of reasonability � conduct of the arresting officer is examined.

Where the precipitate action of the arresting officer resulted in the loss of a
human life and there exists no circumstances whatsoever justifying the shooting of
a person who is asleep, even if he is a notorious criminal �

condemnation, and not condonation should be the rule (People v. Oanis, 74 Phil.
257).

2) Test of necessity � conduct of the person arrested is examined.

Where the arrested person attempts to flee, struck a policeman with his fists, draw
a mess knife and attacked another policeman, the arresting officer is not required
to afford him a fair opportunity for equal struggle. A police

officer, in the performance of his duty, must stand his ground and cannot, like
private individual, take refuge in flight. His duty requires him to overcome the
offender (US v. Mojica, 42 Phil 784).

V. Bail

Kinds of bail bonds:

1. cash bond
2. property bond
3. surety bond
4. recognizance

Defined:
The security given for the release of a person in custody of the law, furnished by
him or a bondsman, to guarantee his appearance before any court as required under
the conditions of law.

Generally:
The right to bail only accrues when a person is under custody. Court must have
jurisdiction over the person of the accused either thru: 1) arrest, with or without
warrant, or 2) voluntary surrender.

Exception:
When the person under investigation cannot personally appear because he is
hospitalized but applies for bail through his counsel, he is deemed to be under the
constructive custody of the law (Dinapol v. Baldado, 225 SCRA 110, Paderanga v. CA,
247 SCRA 741).

Where to apply?
In the court where the case is pending (if not yet filed, may be filed before any
court).

Conditions for bail:

See Sec. 2, Rule 114

Bail, a matter of right:

1. Before or after conviction by MTC, MTCC or MCTC

2. Before conviction by RTC of an offense not punishable by death, reclusion

temporal, or life imprisonment

Bail, a matter of discretion:

1. Upon conviction of RTC of an offense not punishable by death, reclusion

perpetua, or life imprisonment.

2. Before conviction for capital offenses [punishable by death], or an offense

punishable by reclusion perpetua or life imprisonment, when evidence of guilt is
not strong. (Bail is neither a matter of right nor a matter of discretion only in
cases where the evidence of guilt is strong).

Bail granted in capital offenses despite findings that evidence of guilt is strong
(Cited in Cruz, Constitutional Law, 2003 Ed.):
De la Rama v. Peoples Court, 77 Phil. 461 � accused was granted bail due to
tuberculosis that requires confinement to the hospital.
People v. Sison, GR 398, September 19, 1946 � humanitarian reasons considered by
SC.
Notes:

1. The right to bail flows from the presumption of innocence. This is so because
accusation is not synonymous with guilt.

2. In deportation proceedings, bail is not a matter of right but of discretion on

the part of the Commissioner of Immigration and Deportation (Harvey v. Defensor-
Santiago, 162 SCRA 398).

3. Bail is not available to military facing court martial proceedings (Commendador

v. De Villa, 200 SCRA 80).

4. I extradition proceedings, bail may be granted provided the accused undertake to

submit himself to the jurisdiction of the court and provided further that he is not
a flight risk (Govt. of Hong Kong v. Judge Olalia, 2007)