RULE 113

Arrest

Section 1. Definition of arrest.

Arrest is the taking of a person into custody in order that he may be bound to answer for the commission
of an offense. (1)

Section 2. Arrest; how made.

An arrest is made
 by an actual restraint of a 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. The person arrested shall not be
subject to a greater restraint than is necessary for his detention. It is enough that there be an
 intention on the part of one of the parties to arrest, and
 that there be an intent on the part of the other to submit

Section 4. Execution of warrant.

When a warrant of arrest is issued by a judge, the warrant is delivered to the proper law enforcement
agency for execution:
 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.
 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.
 In case of his failure to execute the warrant, he shall state the reasons therefor. (4a)

Section 6. Time of making arrest.

An arrest may be made on any day and at any time of the day or night. (6)

Section 3. Duty of arresting officer.

It shall be the duty of the officer executing the warrant to arrest the accused and to deliver him to the
nearest police station or jail without unnecessary delay. (3a)

Section 10. Officer may summon assistance.

An officer making a lawful arrest may orally summon 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 detriment to himself. (10a)

Section 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 refused admittance thereto, after announcing his authority and purpose. (11a)

Section 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 liberate himself. (12a)

Section 5. Arrest without 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; (in flagrante delicto)
For this to be valid, 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; and
2. Such overt act is done in the presence or within the view of the arresting officer
The person making the arrest witnesses the crime himself and, hence, has personal knowledge of the
commission of the offense.

The tenor of the rule obviously emphasizes the immediacy of the arrest reckoned from the commission
of the crime.

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; (hot pursuit)
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.

In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall be
forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance
with section 7 of Rule 112. (5a)

Section 13. Arrest after escape or rescue.

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. (13)

Section 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 any hour of the day or night. Subject to reasonable regulations, a relative of the person
arrested can also exercise the same right.

Rights of a person arrested (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
4. The right to be visited by the immediate members of his family, by his counsel, or by any non-
governmental organization, national or international

In the absence of a lawyer:

 No custodial investigation shall be conducted; and
 The suspected person can only be detained by the investigating officer in accordance with the
provisions of Art 125 of the RPC
 Also, any waiver of the provisions of Art 125 of the RPC shall be in writing, and signed by the person
arrested, detained or under custodial investigation in the presence of his counsel; otherwise, the
waiver shall be null and void and of no effect.

Art 125, RPC – Delay in the delivery of detained persons to the proper judicial authorities (12/18/36)
CUSTODIAL INVESTIGATION
 Refers to any questioning initiated by law enforcement officers after a person has been taken into
custody or deprived of his freedom in any significant manner.
 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.

Effect of an illegal arrest on jurisdiction of the court

It bears stressing that the legality of the arrest affects only the jurisdiction of the court over the person
of the accused. The illegality of the arrest cannot, in itself, be the basis for acquittal. It will not negate
the validity of the conviction of the accused.

Waiver of illegality of the arrest and inadmissibility of the evidence

Waiver of an illegal warrantless arrest does not mean a waiver of the inadmissibility of evidence
seized during an illegal warrantless arrest.

REMEDY OF THE PROSECUTOR WHEN NO WARRANT OF ARREST WAS ISSUED BY THE

JUDGE
If the investigating judge is satisfied that there is probable cause but did not issue the warrant of
arrest contrary to the prosecutor/s belief that there is a need to place the accused under
custody, the speedy and adequate remedy of the prosecutor is to immediately file the
Information so that the Regional Trial Court judge may issue the warrant for the arrest of the
accused. (Samulde v. Salvani, Jr., 165 SCRA 724 [1988]
REQUEST FOR A COPY OF THE RETURN
If a warrant of arrest has been issued, the prosecutor may request the warrant officer that
he be furnished with the officer's return relative thereto. The prosecutor shall, as far as
practicable, coordinate with the witnesses from time to time to ascertain the whereabouts
of the accused pending the latter's arrest.

RELEVANT JURISPRUDENCE
The grounds of suspicion are reasonable when, in the absence of actual belief of the
arresting officers, the suspicion that the person to be arrested is probably guilty of
committing the offense, is based on actual facts, i. e. supported by circumstances sufficiently
strong in themselves to create the probable cause of guilt of the person to be arrested. A
reasonable suspicion therefore must be founded on probable cause, coupled "with good
faith on the part of the peace officers making the arrest." (People v. Doria, 301 SCRA 668)

1. An arrest signifies restraint on person, depriving one of his own will and liberty, binding him
to become obedient to the will of the law. (Larranaga v. Court of Appeals, 287 SCRA 589)
2. A letter-invitation is equivalent to arrest. Where the invitation comes from a
powerful group composed predominantly of ranking military officers and the designated
interrogation site as a military camp, this is obviously a command or an order of arrest.
(Sanchez v. Demetriou, 227 SCRA 627 [1993].
A police officer is not justified in using unnecessary force in. effecting arrest or in treating
with wanton violence the arrested person or in resorting to dangerous means when the
arrest could be effected otherwise. (Galang v. People, G. It No.128536 January 31, 2000)
3. A warrant of arrest does not become stale or functus oficio unlike a search warrant which
is valid only for ten days. A warrant of arrest remains valid until arrest is effected or the
warrant lifted. (Managan v. CFI, 189 SCRA 217)

Method of Arrest
Section 7. Method of arrest by
officer by virtue of warrant.
When making an arrest by virtue of
a warrant, the officer shall
GN:
 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,
XPN:
 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.
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.
Section 8. Method of arrest by
officer without warrant.
When making an arrest without a
warrant, the officer shall
GN:
 inform the person to be
arrested of his authority and
 the cause of the arrest,
XPN:
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.
Section 9. Method of arrest
by private person.
When making an arrest, a
private person shall
GN:
 inform the person to be
arrested of the intention
to arrest him and
 cause of the arrest,
XPN:
 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.)