Linglingay U. Juan Quiz No.

9
19-13941-644 2 November 2022
1. The Miranda Rights originated from the landmark case of Miranda v. Arizona1 where the
United States Supreme Court through Chief Justice Earl Warren declared that during custodial
investigation, procedural safeguards against self-incrimination should be employed. Inspired by
this case, Article III, Section 12 of the 1987 Constitution of the Philippines now provides that the
person under custodial investigation must be informed as a matter of right the following:

a. He has a right to remain silent and that any statement he makes may be used as evidence
against him.
b. That he has a right to have competent and independent counsel of his choice and if the
person cannot afford the services of counsel, he must be provided with one.
c. These rights cannot be waived except in writing and in the presence of counsel.

2. a. The following are instances where there can be a valid arrest without warrant:

1. In cases of in flagrante delicto, when in the presence of a police officer, the person to be
arrested has committed, is actually committing, or is attempting to commit an offense.
2. In cases of hot pursuit, when an offense has just been committed and the police officer
has probable cause to believe based on personal knowledge of facts and circumstances
that the person to be arrested has committed it.
3. In cases of escaped prisoners, 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.

b. Yes, the arrest is valid as an in flagrante delicto warrantless arrest.

Under the Rules on Criminal Procedure, an arrest without a warrant is lawful when in the
presence of a police officer, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense.

Here, the man with reddish and glassy eyes walking unsteadily has clearly just consumed
prohibited drugs. The police officers having justifiable cause to search his body including his
fists is a valid warrantless search incidental to a lawful arrest. Hence, the arrest is valid with legal
and factual bases.

1
384 U. S. 436