WARRANTLESS ARREST

GR: WOA before an arrest is made

Exception: A warrantless arrest

Exceptions are not favored and is strictly construed against the govt

- Constitution guarantees the right to freedom of an individual

Arrest without warrant when lawful: Sec 5, rule 113

1. Inflagrante delicto – when in his presence has committed, is actually committing, or is

attempting to commit an offense
a. Arresting officer witnessed it personally
2. Hot pursuit – has been committed and he had probable cause to believe based on personal
knowledge or facts or circumstances that the person to be arrested has committed it
a. Take place in area with commotion and victim was pinpointing a vehicle getting away
from the incident – can chase after the car/ person trying to get away
3. Escapee – person to be arrested is a prisoner who has escaped from a penal establishment,
place where he is serving final sentence, or temporarily confined while case is pending, or has
escaped while being transferred from on confinement to another
a. Provincial jail (2 years) and transported to Davao penal colony then he escapes may be
arrested without WOA

OTHER INSTANCES

4. SEC 13, RULE 5: previously arrested person who escapes

5. SEC 23, RULE 114 – bonds person who may arrest and surrender accused in court and a bonded
person who attempts to leave the country without permission from the country
6. A person who has been adjudged guilty and person applies for probation, will be covered by the
same bond while petition is undergoing process – he is bonded and there are instances that
indicates that he is about to flee no need for WOA
7. Not warrantless but bench order of arrest, who does not go to court despite of subpoena or
identification of accused or possible plea bargaining, one who does not go to court may be
arrested

IN FLAGRANTE DELICTO REQS

1. Overt act indicating he just committed, is actually committing, or is attempting to commit a

crime
2. Overt act done in the presence of within the view of arresting officer
SUSPICION/RELIABLE INFO – not sufficient justifications for WA

PP VS SAPLA

- Right to life, liberty, property, right to privacy and personal security of any individual
- house of respondent is his own castle that no one can invade without express approval of
resident thereof
- any deviation of officer, he can be subjected to a sanction
 - presumption of regularity in favor of officer or in the course of his function (inferior to consti
right of accused to be secured from unreasonable searches and seizures)

COVERAGE (to be posted)

- 2 part midterm
- 1st preliminaries, Sept 29
o Flow of an indictment/complaint/info
o RULES 110, 112, 113, 114, 115
- 2nd, Oct 9
o Arraignment, Plea bargaining
- Oct 7 discussion, Judge xenos case(?) and part 2 discussion
- Check viber for guidelines for midterm

BAIL

- When arrested, WA OR WOA, inquest proceeding, waive right to 125, ask for PI
- While his case is not yet in court can apply for bail? In prosec not in court (either PI or waive
125). He can. Filing for bail through office exec judge of MTCC or RTC. He could have been
arrested anywhere, by virtue of arrest from CDO and he is in MNL, WOA is enforceable
anywhere in PHILS. He can put up a bail in the place where he was arrested.
- Master when bail is a matter of right or discretion (memorize)
o 1st level before and after conviction bail is a matte rof right
o 2nd level bail is of a matter of right before conviction, after conviction discretion of
the court
o Bonded daan, then convicted right or discretion does not come into play kay naa na
bail daan
o Instances where after conviction although bonded may hold the bond esp in jump
bail then asked for reconsideration
o After conviction: probation or appeal- either way bail can still cover accused until his
motion shall have been acted upon by court
- What if capital offense? This is another matter. As a rule NO BAIL.
o Exception minor and where evidence against him is not strong.
- Bail is based on imposed penalty
- Apply for bail, prescribed penalty

EXCEPTION

- How to know evidence of prosecution is not strong?

o Prosecution will still present evidence in chief? To know evidence if strong or not
o Court cannot rely on the papers but must be testified too, dapat ma cross examine.
Accused has the right to confront the witnesses against him.
o Granted demurrer to evidence- judgment is equivalent to acquittal.

RIGHTS OF ACCUSED
- Read Chiong sisters case in Cebu