RULE 113 ARREST

General Guidelines

a. All arrests should be made only on the basis of a valid Warrant of Arrest issued by a
competent authority, except in instances where the law allows warrantless arrest.

OPERATIONAL PROCEDURES

a. No violence or unnecessary force shall be used in making an arrest, and the person
to be arrested shall not be subjected to any greater restraint than what is necessary
under the circumstances.

b. As a general rule, arrests can be made on any day of the week and at any time of
the day or night.

c. Only judges are authorized to issue Warrants of Arrest.

d. A Warrant of Arrest is no longer needed if the accused is already under

detention.

An Order of Commitment is issued by the judge in lieu of the Warrant of Arrest.

e. The following are immune from arrest:

1) A Senator or Member of the House of the Representatives while Congress
is in session for an offense punishable by not more than six years of
imprisonment; and
2) Diplomatic Agents, Under the Vienna Convention on Diplomatic Relations.

Warrant of Arrest
The warrant of arrest is the written authority of the arresting officer when
making an arrest or taking of a person into custody in order that he may be bound to
answer for the commission of an offense.

The head of the office to whom the warrant of arrest has been delivered for
implementation shall cause the warrant to be implemented within ten (10) days from
receipt.
Within ten (10) days after the expiration of such period, the police officer to
whom it was assigned for implementation shall make a report to the judge who issued
the warrant and in case of his failure to implement the same, shall state the reasons
thereof.
ARRESTS WITHOUT A WARRANT

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 knowledge of facts or circumstances, that the person to be arrested has
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 area to another;

d. Where the accused released on bail attempts to leave the country without court
permission;

e. Violation of conditional pardon, punishable under Article159 of the Revised Penal

Code as a case of evasion of service of sentence; and

f. Arrest following a Deportation Proceeding by the Immigration Commissioner against

illegal and undesirable aliens.

AUTHORITY OF THE ARRESTING OFFICER

WHEN MAKING AN ARREST

a. Police officer may summon assistance – A police officer making a lawful arrest
may verbally summon as many persons as he deems necessary to assist him in
effecting the arrest.

b. Right of a police officer to break into building or enclosure – A police officer in

order to make an arrest, with or without warrant, may break into a 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.

c. Right to break out from building or enclosure – Whenever a police officer has
entered the building or enclosure to make an arrest, he may break out there from,
when necessary, to liberate himself.
 d. Arrest after escape or rescue – If a person lawfully arrested escapes or is rescued,
any person may immediately pursue to retake him without a warrant at any time
and in any place within the Philippines.

PROCEDURES
a. Serving of Warrant of Arrest
1) Verify the validity of the warrant and request for an authenticated copy from the
issuing court;

2) In serving the warrant, the police officer should introduce himself and show
proper identification;

3) Make a manifestation of authority against the person to be arrested;

4) If refused entry, the police officer may break into any residence, office, building,
and other structure where the person to be arrested is in or is reasonably believed
to be in, after announcing his purpose;

5) The police officer need NOT have a copy of the warrant in his possession at the
time of the arrest.

6) If the person arrested so requires, the warrant shall be shown to the arrested
person as soon as possible;

7) Secure the person to be arrested and use handcuffs for the protection of the
arresting officer, other individuals or the arrested person himself;

8) Conduct thorough search for weapons and other illegal materials on the person
arrested and surroundings within his immediate control;

9) Inform the person to be arrested of his rights under the law (i.e. Miranda Warning
and Anti-torture Warning);

10) No unnecessary force shall be used in making an arrest;

11) Confiscated evidence shall be properly documented with the chain of custody of
evidence duly and clearly established;

12) Bring the arrested person to the Police Station for documentation;

13) Make a Return of Warrant to the court of origin; and

 14) Deliver the arrested person to jail/prison upon the issuance of a commitment order
of the court.

Duties of the Arresting Officer

1. It shall be the duty of the police officer implementing the Warrant of Arrest to
deliver the arrested person without delay to the nearest Police Station or jail to
record the fact of the arrest;

2. At the time of the arrest, it shall be the duty of the arresting officer to inform the
person arrested of the cause of the arrest and the fact that a warrant had been
issued for his arrest.

3. The arresting 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 possible;

4. When women or children are among the arrested suspect/s, the arresting officer shall
task the Women’s and Children’s Protection Desks (WCPD) officer or a
policewoman who is familiar with women and children protection desk duties to
conduct the pat-down search;

5. In case of arrest without a warrant, it shall be the duty of the arresting officer to
inform the person to be arrested of his authority and the cause of the arrest
except when he flees or forcibly resists before the arresting officer has the
opportunity to inform him or when the giving of such information will imperil the
arrest;

6. The person arrested, with or without warrant, shall be informed of his constitutional
right to remain silent and that any statement he makes could be used against him.
Also, that he has the right to communicate with his lawyer or his immediate family
and the right to physical examination;

7. A person arrested without a warrant shall be immediately brought to the proper Police
Station for investigation without unnecessary delay. He shall be subjected to inquest
proceedings within the time prescribed in Article 125 of the Revised Penal Code
(RPC);

8. No torture, force, violence, threat, intimidation, or any other means which vitiate
the free will shall be used against an arrested person. The bringing of arrested
persons to secret detention places, solitary confinement and the like is prohibited;
 9. If the person arrested without a warrant waives his right under the provisions of Art
125 of the Revised Penal Code, the arresting officer shall ensure that the former signs
a waiver of detention in the presence of his counsel of choice; and

10. If the person arrested waives his right against self-incrimination and chooses to give
his statement, the arresting officer shall ensure that the waiver is made in writing and
signed by the person arrested in the presence of a counsel of his own choice or a
competent and independent counsel provided by the government.

Physical Examination of Arrested Person/Suspect

Before interrogation, the person arrested shall have the right to be informed of his
right to demand physical examination by an independent and competent doctor of
his own choice.

If he cannot afford the services of a doctor of his own choice, he shall be

provided by the State with a competent and independent doctor to conduct physical
examination.

If the person arrested is female, she shall be attended to preferably by a female

doctor.