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  • 2.2 Law Enforcement Pillar ARREST

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    This document discusses arrest under Philippine law. It defines arrest as taking a person into custody to answer for an alleged offense. An arrest can be made through actual restraint or submission to custody. A warrant of arrest is a written order from a judge directing a peace officer to arrest a named person and bring them before the court. A warrant remains valid until the person is arrested, even if years pass, but must be executed within 10 days of receipt. A peace officer or private person can make a warrantless arrest if a crime is committed in their presence, if they have personal knowledge an offense was just committed, or if the person escaped from confinement.

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    Law Enforcement Pillar ARREST

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    This document discusses arrest under Philippine law. It defines arrest as taking a person into custody to answer for an alleged offense. An arrest can be made through actual restraint or submission to custody. A warrant of arrest is a written order from a judge directing a peace officer to arrest a named person and bring them before the court. A warrant remains valid until the person is arrested, even if years pass, but must be executed within 10 days of receipt. A peace officer or private person can make a warrantless arrest if a crime is committed in their presence, if they have personal knowledge an offense was just committed, or if the person escaped from confinement.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    44 views1 page

    2.2 Law Enforcement Pillar ARREST

    Uploaded by

    jae e
    This document discusses arrest under Philippine law. It defines arrest as taking a person into custody to answer for an alleged offense. An arrest can be made through actual restraint or submission to custody. A warrant of arrest is a written order from a judge directing a peace officer to arrest a named person and bring them before the court. A warrant remains valid until the person is arrested, even if years pass, but must be executed within 10 days of receipt. A peace officer or private person can make a warrantless arrest if a crime is committed in their presence, if they have personal knowledge an offense was just committed, or if the person escaped from confinement.

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    © All Rights Reserved
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    TOPIC 5

    Law Enforcement Pillar


    Arrest

    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.

    MANNER OF CONDUCTING ARREST- An arrest is made by actual restraint of a person to be


    arrested, or by his submission to the custody of the person making an arrest.

    WARRANT OF ARREST- Warrant of arrest is an order in writing issued in the name of People of the
    Philippines, signed by the judge and directed to a peace officer, commanding him to arrest a person or
    persons stated therein and deliver them before the court.

    The requisites of a valid warrant of arrest are the following: a. It


    shall be issued upon probable cause;
    b. The probable cause is determined personally by the judge upon examination under oath or
    affirmation of the complainant and the witnesses he may produce; and
    c. Particularly describing the person to be arrested. (Sec 2, Art 3 of the Philippine Constitution)

    LIFE SPAN OF WARRANT OF ARREST


    As long as the person stated in the warrant of arrest is not arrested, it shall remain valid even if several
    years already lapsed. However, 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.

    WARRANTLESS ARREST
    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 in fact just been committed and he has personal knowledge of facts
    indicating that the person to be arrested had committed it;
    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 temporarily confined while his case is pending or has
    escaped while being transferred from one confinement to another.

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