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Arrest without a Warrant by an Officer or by a Private Citizen

Instances for Warrant less Arrest:

a) When in his presence, the person to be arrested has committed, is


actually committing., or is attempting to commit an offense;

An offense is committed in the presence or within the view of the


person making the arrest when he sees the offense, although at a
distance, or hears the disturbances created thereby and proceeds at
once to the scene thereof: or the offense is continuing, or has been
consummated, at the time of the arrest is made, In flagrant delicto or
under the circumstances of buy-bust operation.

b) When an offense has in fact just been committed and he has


probable cause to believe based on personal knowledge of the
facts indicating that the person to be arrested has committed;

The arrest of a person without the warrant who was named by the
victim as his assailant before he died is a valid. Testimony of
witnesses as to the identity of the suspect in a murder case, the
following day the suspect was arrest, the arrest is valid.

When the complainants had just informed the police officers that they
have been robbed and the police officers, together with one of the
victims , conducted pursuit operation and in the process, the victim
identified one of the suspects and the police officers arrested the
suspect the suspect and found an licensed firearm, the arrest is valid
and the firearm is admissible as evidence. (People vs. Tirso Acol et.
AI, 232 SCRA 406)

c) When the person to be arrested is a prisoner who escaped from a


penal institution 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.

Evasion of sentence or when one escapes from any penal institution


of confinement while serving sentence, or is temporarily detained, is s
continuing offense. Therefore its arrest is valid without a warrant.

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