ARREST is the taking of a person into custody in order that he may be bound to

answer for the commission of an offense

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.

People v. Mahinay, 302 SCRA 455 (1999)

Facts

Larry Mahinay worked as a houseboy with Maria Isip, one of his tasks was to
take care of Isip’s house which was under construction adjacent to the
latter’s residence. The victim was a 12-year old girl who used to frequent the
residence of Isip.

The victim’s body was found, lifeless, at around 7:30 am that same day. She
was found in the septic tank wearing her blouse and no underwear. The
autopsy showed that the victim was raped and was strangled to death.

The appellant was soon arrested and executed an extra-judicial confession

wherein he narrated how the crime was committed. The trial ensued and the
lower court convicted him of the crime of Rape and was sentenced to death.

Issue

WON the appellant’s extra-judicial confession was validly taken and in

accordance with his rights under Section 12 of the Bill of Rights; and

Ruling

The Court ruled that the appellant’s extrajudicial confession was taken within
the ambit of the law as evinced by the records and testimony of the lawyer
who assisted, warned and explained to him his constitutionally guaranteed
pre-interrogatory and custodial rights.

CUSTODIAL INVESTIGATION
(Republic Act No. 7438 April 27, 1992)

Rights of Persons Arrested, Detained or Under Custodial Investigation

(a) Any person arrested detained or under custodial investigation shall

at all times be assisted by counsel.

(b) Any public officer or employee, or anyone acting under his order or
his place, who arrests, detains or investigates any person for the
commission of an offense shall:
 i. Inform the latter, in a language known to and understood
by him, of his rights to remain silent and to have competent
and independent counsel, preferably of his own choice,
who shall at all times be allowed to confer privately with the
person arrested, detained or under custodial investigation.
ii. If such person cannot afford the services of his own
counsel, he must be provided with a competent and
independent counsel by the investigating officer.

(c) The custodial investigation report shall be reduced to writing provided

that before such report is signed, or thumb marked if the person arrested
or detained does not know how to read and write,

(d) Any extrajudicial confession made by a person arrested, detained or

under custodial investigation shall:

i. Be in writing and signed by such person in the presence of his

counsel or in the latter's absence, upon a valid waiver, and
ii. In the presence of any of the parents, elder brothers and sisters,
his spouse, the municipal mayor, the municipal judge, district
school supervisor, or priest or minister of the gospel as chosen by
him; otherwise, such extrajudicial confession shall be
inadmissible as evidence in any proceeding.

(e) Any waiver by a person arrested shall be in writing and signed by

such person in the presence of his counsel; otherwise the waiver shall
be null and void and of no effect.

(f) Any person arrested or detained or under custodial investigation shall

be allowed visits by or conferences with any member of his immediate
family.

Immediate Family

-shall include his or her spouse, fiancé or fiancée, parent

or child, brother or sister, grandparent or grandchild, uncle or
aunt, nephew or niece, and guardian or ward.

 shall include the practice of issuing an "invitation" to a person who is

investigated in connection with an offense he is suspected to have
committed, without prejudice to the liability of the "inviting" officer for any
violation of law.

Penalties for violation of the Act

Any arresting public officer or employee, or any investigating officer

a. Who fails to inform any person arrested, detained or under custodial

investigation of his right to remain
 Penalty: Fine of Six thousand pesos (P6,000.00) or a penalty of
imprisonment of not less than eight (8) years but not more than ten
(10) years, or both.

b. Who fails to provide a competent and independent counsel to a

person arrested, detained or under custodial investigation for the
commission of an offense if the latter cannot afford the services of
his own counsel;

Penalty: fine of Six thousand pesos (P6,000.00) or a penalty of

imprisonment of not less than eight (8) years but not more than ten
(10) years, or both.

c. Who obstructs, prevents or prohibits any lawyer, any member of the

immediate family of a person arrested, detained or under custodial
investigation,

Penalty: Imprisonment of not less than four (4) years nor more than
six (6) years, and a fine of four thousand pesos (P4,000.00)

ARREST WITHOUT WARRANT; WHEN LAWFUL

A peace officer or a private person may, without a warrant, arrest a person:

1. Arrests in INFLAGRANTE DELICTO

 When, in his presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense;

People v. Claudio

Here, Claudio was caught in flagrante delicto transporting prohibited

drugs. Thus, Pat. Daniel Obiña did not need a warrant to arrest
Claudio. The warrantless search being an incident to a lawful arrest is
in itself lawful. Therefore, there was no infirmity in the seizure of the
1.1 kilos of marijuana. The warrantless search, seizure and
apprehension were lawful.

Padilla vs CA

Petitioner was involved in a hit and run accident and was later
apprehended by the police after he was chased by them. During the
arrest, petitioner was found to have in his possession M-16 armalite
rifle which was immediately apparent to the policemen as they took a
casual glance at the Pajero and saw said rifle lying horizontally near
the driver's seat.

Warrantless search is constitutionally permissible when, as in this

case, the officers conducting the search have reasonable or probable
cause to believe, before the search, that either the motorist is a law-
offender like herein petitioner with respect to the hit and run.
2. Arrests in HOT PURSUIT
 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;

People v. Gerente

The police arrested the accused three hours after the victim had been
killed. They went to the scene of the crime where they found a piece
of wood and a concrete hollow block used by the killers in
bludgeoning the victim to death. A neighbor of the accused who
witnessed the killing, pointed to him as one of the assailants. The
warrantless arrest was held valid under Rule 113, 5(b).

People vs Jayson

SPO1 Loreto Tenebro11 testified that at around 10:00 in the evening of

March 16, 1991, while he and Patrolmen Camotes and Reinerio
Racolas were patrolling in their car, they received a radio message
from their camp directing them to proceed to the Ihaw-Ihaw on
Bonifacio Street where there had been a shooting. Accordingly, they
proceeded to the place and there saw the victim, Nelson Jordan.
Bystanders pointed to accused-appellant as the one who had shot
Jordan. They then arrested accused-appellant. Seized from him was
a.38 caliber revolver with serial number 91955.

3. Arrests of ESCAPED PRISONER

 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.

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.

Section 23 Arrest of accused out on bail

For the purpose of surrendering the accused, the bondsmen may arrest him or,
upon written authority endorsed on a certified copy of the undertaking, cause him
to be arrested by a police officer or any other person of suitable age and discretion.

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.