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DUTIES OF THE ARRESTING OFFICERS

PHILIPPINE NATIONAL POLICE HANDBOOK


PNPM-DO-DS-3-2-13

Rule 11: ARREST


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.