The document discusses warrantless arrests under Philippine law. It defines an inquest as an investigation conducted by a public prosecutor to determine if a person arrested without a warrant should remain in custody. A warrantless arrest is lawful under three circumstances: 1) if an offense was committed in the presence of the officer, 2) if an offense was just committed and the officer has probable cause to believe the person arrested did it, or 3) if the person is an escaped prisoner. Objections to an arrest warrant must be made before entering a plea or the right against unlawful restraint is waived. For a warrantless arrest when an offense was just committed, two requirements must be met - the offense occurred recently and the arresting officer has personal knowledge
The document discusses warrantless arrests under Philippine law. It defines an inquest as an investigation conducted by a public prosecutor to determine if a person arrested without a warrant should remain in custody. A warrantless arrest is lawful under three circumstances: 1) if an offense was committed in the presence of the officer, 2) if an offense was just committed and the officer has probable cause to believe the person arrested did it, or 3) if the person is an escaped prisoner. Objections to an arrest warrant must be made before entering a plea or the right against unlawful restraint is waived. For a warrantless arrest when an offense was just committed, two requirements must be met - the offense occurred recently and the arresting officer has personal knowledge
The document discusses warrantless arrests under Philippine law. It defines an inquest as an investigation conducted by a public prosecutor to determine if a person arrested without a warrant should remain in custody. A warrantless arrest is lawful under three circumstances: 1) if an offense was committed in the presence of the officer, 2) if an offense was just committed and the officer has probable cause to believe the person arrested did it, or 3) if the person is an escaped prisoner. Objections to an arrest warrant must be made before entering a plea or the right against unlawful restraint is waived. For a warrantless arrest when an offense was just committed, two requirements must be met - the offense occurred recently and the arresting officer has personal knowledge
The DOJ Manual for Prosecutors defnes inquest as an
informal and summary investigation conducted by the public
prosecutor in criminal cases involving persons arrested and detained without the beneft of a warrant of arrest issued by the court for the purpose of determining whether or not such persons should remain under custody and correspondingly be charged in court. Under the Rules of Court, Rule 113, Section 5, a warrantless arrest is lawful under three circumstances: 1. When, in the presence of the policeman, the person to be arrested has committed, is actually committing, or is attempting to commit an ofense; 2. When an ofense 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 3. When the person to be arrested is a prisoner who has escaped from a penal establishment. xxxXxxx Objections to the warrant of arrest must be made before the accused enters his plea (People vs. Codilla 224 SCRA 104; People vs. Robles G.R. No. 101335, June 8, 2000). Failure to do so constitutes a waiver of his right against unlawful restraint of liberty (People vs. Penaforida, G.R. No. 130550, September 2, 1999). Indeed, even assuming that their arrest was illegal, their act of entering a plea during their arraignment constituted s waiver by accused of their right to question the validity of the arrest (People vs. Cachola G.R. Nos. 148712-15, Jan. 21, 2004) xxxXxxx When an ofense 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. Under this paragraph, two stringent requirements must be complied with namely 1.an ofense had just been committed, and 2.the person making the arrest has probable cause to believe, based on his personal knowledge of facts or other circumstances, that the person to be arrested had committed it. Hence, there must be a large measure of immediacy between the time the ofense is committed and the time of the arrest, and there was an appreciable lapse of time between the arrest and the commission of the crime, a warrant of arrest must be secured. Aside from the sense of immediacy, it is also mandatory that the person making the arrest has personal knowledge of certain facts indicating that the person to be taken into custody has committed the crime.