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.

Under this definition, a person is arrested for a specific and definite purpose- to make him answer
for the commission of an offense.

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.

To make an arrest, a person need not be actually restrained by the person making an arrest. Under
the Rules, a submission to the custody of the person making the arrest already constitutes an arrest.

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 his
own volition.

REQUISITES FOR THE ISSUANCE OF A WARRANT OF ARREST

Section 2 of Article III of the 1987 Constitution

SECTION 2. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no
search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by
the judge after examination under oath or affirmation of the complainant and the witnesses he may produce,
and particularly describing the place to be searched and the persons or things to be seized.

Under the constitution, there are Requirements for the Issuance of a Warrant of Arrest, to wit:

1. Issued by a judge;

2. Probable Cause;

3. Premised upon the judge’s personal evaluation of the affidavits of witnesses and evidence;

It does not mandatorily require the judge to personally examine the complainant and her witnesses.
Instead, he may opt to personally evaluate the report and supporting documents submitted by the
prosecutor or he may disregard the prosecutor’s report and require the submission of supporting affidavits
of witnesses.

NOTE: The judge merely determine the probability, not the certainty, of guilt of an accused.

4. Particularly describing the person to be seized.

NOTE: An invalid arrest will mean that the Court did not acquire jurisdiction over the person of the
accused.

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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 4. Execution of warrant. — 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)

What is the lifetime of a warrant of arrest?

Malaloan v. CA, May 6, 1994

“In our jurisdiction, no period is provided for the enforceability of warrants of arrest, and although within ten
days from the delivery of the warrant of arrest for execution a return thereon must be made to the issuing
judge, said warrant does not become functus officio but is enforceable indefinitely until the same is enforced
or recalled.”

NOTE: The ten-day period provided in Rule 113, §4 is only a directive to the officer executing the
warrant to make a return to the court.

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;

(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 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)

3 INSTANCES WHEN WARRANTLESS ARREST MAY BE LAWFULLY EFFECTED:

a. Arrest of a suspect in flagrante delicto

“In flagrante delicto” means caught in the act of committing a crime.

Two Requisites must concur:

a. 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

b. Such overt act is done in the presence or within the view of the arresting officer.

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What is meant by “in his presence”?

People v. Evaristo 216 S 431

The court held that when a police officer sees the offense, although at a distance, or hears the
disturbances created thereby, and proceeds at once to the scene thereof, he may effect an arrest
without a warrant on the basis of Sec. 5, par. (a), Rule 113, since the offense is deemed committed in
his presence or within his view. In essence, Sec. 5, par. (a), Rule 113, requires that the accused be
caught in flagrante delicto or caught immediately after the consummation of the act.

b. Arrest Effected in Hot Pursuit

Two Stringent Requirement that must concur:

a. An offense has just been committed; and

 People v. Manlulu, G.R. No. 102140 April 22, 1994.

Nineteen (19) hours later is no longer “just been committed.”

b. The person making the arrest has personal knowledge of facts indicating that the person to be arrested
has committed it.

This exception does not require the arresting officers to personally witness the commission of the
offense with their own eyes.

Abelita v. Doria 2009

“PROBABLE CAUSE means an actual belief or reasonable grounds of suspicion. 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.”

c. An escapee

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

Under present law, there is no prohibition against arrests made on Fridays or weekends or at night.

Section 7. Method of arrest by officer by virtue of warrant. —

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 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. (7a)

In effecting an arrest with a warrant, what must the person to be arrested be informed of? (Sec. 7, Rule
113)

General Rule:

Person to be arrested must be informed:

1. The cause of the arrest;

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2. The fact that a warrant has been issued for his arrest.

Except:

1. When the person to be arrested flees;

2. He forcibly resists before the arresting officer had opportunity to inform him; or

3. When giving the information will imperil the arrest.

Section 8. Method of arrest by officer without warrant. — When making an arrest

without a warrant, the officer shall inform the person to be arrested of his authority
and the cause of the arrest, 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. (8a)

In effecting an arrest without warrant by a peace officer, what must the person to be arrested be informed
of? (Sec. 8, Rule 113)

General Rule:

Person to be arrested should be informed of:

1. The authority of the person making the arrest;

2. The Cause of the arrest.

Except:

1. When the person to be arrested is then ENGAGED IN THE COMMISSION OF THE OFFENSE;

2. He is being pursued immediately after the commission;

3. He is being pursued immediately after escaping or fleeing;

4. He forcibly resists before the officer has opportunity to inform him;

5. 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 inform the person to be arrested of the intention to arrest him and
cause of the arrest, 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. (9a)

In effecting an arrest without warrant by a private person, what must the person to be arrested be informed
of? (Sec. 9, Rule 113)

General Rule:

Person to be arrested should be informed of:

1. The intention of the private person of arresting him;

2. The Cause of the arrest.

Except:

1. When the person to be arrested is then ENGAGED IN THE COMMISSION OF THE OFFENSE;

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2. He is being pursued immediately after the commission;
3. He is being pursued immediately after escaping or fleeing;

4. He forcibly resists before the officer has opportunity to inform him;

5. When the giving of such information will imperil the arrest.

The warrantless arrest may be made not only by a peace officer but also by a private person. When
then latter makes the arrest, it is called “citizen’s arrest”.

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)

History of this provision

U.S. v. Silvestre Pompeya, G.R. No. 10255, August 6, 1915.

“This ancient obligation of the individual to assist in the protection of the peace and good order of his
community is still recognized in all well-organized governments in the "posse comitatus" (power of the
county).

Under this power, those persons in the state, county, or town who were charged with the maintenance of
peace and good order were bound, ex officio, to pursue and to take all persons who had violated the law.
For that purpose they might command all the male inhabitants of a certain age to assist them. This power
is called "posse comitatus" (power of the county).

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)

When can an officer making an arrest break into any building or enclosure? (Sec. 11, Rule 113)

1. He has announced his authority to effect the arrest;

2. He has announced his purpose in making the arrest; and
3. He is refused admittance after the foregoing announcements.

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 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. (14a)

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