Rule 113

Arrest; how arrest made

1. An arrest is the taking of a person into custody in order that he may be bound to answer for the
commission of an offense (Sec. 1, Rule 113, Rules of Court). Under this definition, a person is arrested for
a specific and definite purpose to make him answer for the commission of an offense.
2. To make an arrest, a person need not be actually restrained by the person making the arrest. Under
the Rules of Court, a submission to the custody of the person making the arrest already constitutes an
arrest (Sec. 2, Rule 113, Rules of Court). Whichever means is used to make an arrest, the term
necessarily implies control over the person under custody and as a consequence, a restraint on his
liberty to the extent that he is not free to leave on his own volition.
Requisites for the issuance of a warrant of arrest
1. It is constitutionally mandated that a warrant of arrest shall issue only upon finding of probable cause
personally determined by the judge after examination under oath or affirmation of the complainant and
the witnesses he/ she may produce, and particularly describing the person to be seized
Preliminary inquiry (examination) versus preliminary investigation
1. There is a distinction between the preliminary inquiry which determines probable cause for the
issuance of a warrant of arrest and the preliminary investigation proper which ascertains whether the
offender should be held for trial or be released. The determination of probable cause for purposes of
issuing the warrant of arrest is made by the judge. The preliminary investigation proper whether or
not there is reasonable ground to believe that the accused is guilty of the offense charged is the
function of the investigating prosecutor.
Method of arrest with a warrant; warrant need not be in possession of the officer
1. 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 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 for its non-execution
(Sec. 4, Rule 113, Rules of Court).
2. When making an arrest by virtue of a warrant, the officer shall (a) inform the person to be arrested of
the cause of his arrest, and (b) inform him of the fact that a warrant has been issued for his arrest. The
information need not be made when the person to be arrested (a) flees, (b) forcibly resists, or (c) the
giving of the information will imperil the arrest (Sec. 7, Rule 113, Rules of Court).
3. The officer need not have the warrant in his possession at the time of the arrest. However, after the
arrest, the warrant shall be shown to him as soon as practicable, if the person arrested so requires (Sec.
7, Rule 113, Rules of Court).

Who may make the warrantless arrest; duty of officer; citizen's arrest
The warrantless arrest may be made not only by a peace officer but also by a private person. When the
latter makes the arrest under the circumstances provided for under the Rules, the arrest is called
"citizen's arrest"
A peace officer or a private person may, without a warrant, arrest a person when, in his presence, the
person to be arrested has committed, is actually committing, or is attempting to commit an offense
(People v. Garcia, 529 SCRA 519, August 8,2007).
The officer assigned to execute the warrant of arrest has the duty to deliver the person arrested to the
nearest police station or jail without unnecessary delay (Sec. 3, Rule 113, Rules of Court).
The hot pursuit exception (Bar 1997; 2004)
1. This exception found in Sec. 5(b) of Rule 113 which authorizes a warrantless arrest provides:
"* * * When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts
and circumstances that the person to be arrested has committed it * * *."

2. The second instance of lawful warrantless arrest covered by paragraph (b) cited above necessitates
two stringent requirements before a warrantless arrest can be effected: (1) an offense has just been
committed; and (2) the person making the arrest has personal knowledge of facts indicating that the
person to be arrested has committed it (People v. Agojo, G.R. No. 181318, April 16,2009). Under this
exception a warrantless arrest made, one year after the offense was allegedly committed is an illegal
arrest. (Bar 1997; 2004)
Method of arrest without a warrant
Arrest by an officer When making an arrest without a warrant, the officer shall inform the person to
be arrested of his (a) authority, and (b) the cause of his arrest.
This information need not be given (a) if the person to be arrested is engaged in the commission of an
offense, (b) is in the process of being pursued immediately after its commission, (c) escapes or flees, or
(d) forcibly resists before the officer has the opportunity to so inform him, or (e) when the giving of such
information will imperil the arrest (Sec. 8, Rule 113, Rules of Court). The rules applicable to an arrest
with a warrant also apply to an arrest without a warrant. Hence, the officer may summon assistance to
effect the arrest, break into a building or an enclosure or break out from the same (Sees. 11-12, Rule
113).
Arrest by a private person When a private person makes an arrest, he shall inform the person to be
arrested not of his authority to arrest, but of his intention to surest him and the cause of his arrest. This
information need not be given under the same conditions as when it is an officer who makes the arrest
(Sec. 9, Rule 113, Rules of Court). The right to break into a building or an enclosure specifically refers to
an 'officer' and not to a private person (Sec. 11, Rule 113, Rules of Court).
Rights of a person arrested (R.A. 7438)
1. The rights of a person arrested, detained or under custodial investigation are spelled out by Republic
Act No.7438. These rights are:
(a) The right to be assisted by counsel at all times (Sec. 2[a], RA. 7438);
(b) The right to remain silent (Sec. 2[b], RA. 7438);

(c) The right to be informed of the above rights (Sec. 2[b], RA. 7438); and
(d) The right to be visited by the immediate members of his family, by his counsel, or by any nongovernmental organization, national or international (Sec. 2[f}, RA. 7438).
Effect of admission to bail on objections to an illegal arrest
An application for or admission to bail shall not bar the accused from challenging the validity of his
arrest or the legality of the warrant issued, provided that he raises the objection before he enters his
plea. The objection shall be resolved by the court as early as practicable but not later than the start of
the trial of the case
Waiver of the illegality of the arrest; effect of illegal arrest (Bar 2000; 2001)
A warrantless arrest is not a jurisdictional defect and any objection to it is waived when the person
arrested submits to arraignment without any objection. If the appellants are questioning their arrest for
the first time on appeal, they are, therefore, deemed to have waived their right to the constitutional
protection against illegal arrests and searches (People v. Aminola, G.R. No. 178062, September 8,2010).