Course Code: CRI 060

Course Title: Criminal Procedure & Court Testimony

Module #6 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

Lesson title: Arrest Materials: Ballpen, Paper & Notebook

Lesson Objectives:
At the end of the module, students will be able to:
1. Distinguish the rules of arrest from search and how it is
conducted; and
2. Explain the doctrine of hot pursuit in warrantless
arrest.
References:
1. Willard B. Riano, Criminal Procedure
(The Bar Lectures Series), Copyright
2011 by REX Book Store, Inc.
2. Herrera, Remedial Law, Vol. IV
(Criminal Procedure), Copyright 2007
by Rex Book Store.

A. LESSON PREVIEW/REVIEW

Introduction (2 mins)

1. Hello! Are you ready to learn in this second module today? Great! Our topic is entitled “Arrest
“Rule 113 of the Revised Rules of Criminal Procedure. The objectives are that you will be able to
Distinguish the rules of arrest from search and how it is conducted; and explain the doctrine of hot
pursuit in warrantless arrest.

B. MAIN LESSON
Activity 1: Content Notes (30 mins) I believe you are quite excited to know about the rules of institutions of
criminal. The elements of the complaint, information, and prejudicial question. But before that, let us know first
how criminal action is instituted and other significant topics under rule 113 of the Rules of Courts. Let’s get
started!

1. What is the lifetime of a warrant of arrest?

➢ The warrant has no expiration period. It remains valid until arrest is affected or the warrant is lifted.
However, under Section 4, Rule 113 provides that 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

This document is the property of PHINMA EDUCATION

 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #6 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

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. In case of his failure to
execute the warrant, he shall state the reason therefore.

➢ Note: The rule does not require a return of the warrant of arrest but only a report to the Judge who
issued the warrant and, in case of officers’ failure to execute the same shall state the reasons
therefore.

2. When may a person be arrested without warrant?

➢ Under Section 5, Rule 113, 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 personal knowledge of facts or circumstances that the person
to be arrested has committed it; and (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 is temporarily
confined while his case is pending, or has escaped while being transferred from one confinement
to another.

➢ In cases falling under paragraphs (a) and (b) above, the person arrested without a warrant shall be
forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance
with section 7 of Rule 112.

3. What is the probable cause for the purpose of the issuance of a warrant of arrest?
➢ It is such facts and circumstances which would lead a reasonably discreet and prudent man to
believe that an offense has been committed by the person sought to be arrested. (Allado, et al. vs.
Diokno, et al., G.R. No. 113630, May 5, 1994)

4. What is meant by personal knowledge of facts?

➢ It means that it must be based upon probable cause which means an actual belief or reasonable
ground of suspicion (U.S. vs. Santos, 36 Phil. 851).

5. At what time may a warrant of arrest be executed?

➢ An arrest may be made on any day and at any time of the day or night. (Sec. 6, Rule 113)

6. How should an officer enforce a warrant of arrest?

➢ When making an arrest by virtue of a warrant, the officer shall inform the person to be arrested of
the cause of the arrest and the fact that a warrant has been issued for his arrest, except when he
flees or forcibly resists before the officer has opportunity to so inform him, or when the giving of

This document is the property of PHINMA EDUCATION

 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #6 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

such information will imperil the arrest. The 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 practicable. (Sec. 7, Rule 113).

7. What should an officer do when make an arrest without warrant?

➢ When making an arrest without a warrant, the officer shall inform the person to be arrested of his
authority and the cause of the arrest, unless the latter is either engaged in the commission of an
offense, is pursued immediately after its commission, has escaped, flees, or forcibly resists before
the officer has opportunity to so inform him, or when the giving of such information will imperil the
arrest. (Sec. 8, Rule 113).

8. What should a private person do when effecting arrest?

➢ When making an arrest, a private person shall inform the person to be arrested of the intention to
arrest him and the case of the arrest, unless the latter is either engaged in the commission of an
offense, is pursued immediately after its commission, or has escaped, flees, or forcibly resists
before the person making the arrest has opportunity to so inform him, or when the giving of such
information will imperil the arrest. (Sec. 9, Rule 113).

9. What may an officer do if in effecting arrest, he needs assistance?

➢ (Officer may summon assistance). An officer making a lawful arrest may orally summon as many
persons as he deems necessary to assist him in effecting the arrest. Every person so summoned
by an officer shall assist him in effecting the arrest when he can render such assistance without
detriment to himself. (Sec. 10, Rule 113)

10. What is remedy of a peace officer who is refuse admittance into a building where the person to be
arrested is believed to be in?
➢ (Right of officer to break into building or enclosure). An officer, in order to make an arrest either by
virtue of a warrant, or without a warrant as provided in section 5, may break into any 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. (Sec 11, Rule 113)

11. What can the officer do if after entering a building to effect arrest, he could not get out?
➢ (Right to break out from building or enclosure). Whenever an officer has entered the building or
enclosure in accordance with the preceding section, he may break out therefrom when necessary
to liberate himself. (Sec. 12, Rule 113)

12. State the rights of an attorney of relative of a person arrested.

➢ Any member of the Philippine Bar shall, at the request of the person arrested or of another acting

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #6 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

in his behalf, have the right to visit and confer privately with such person in the jail or any other
place of custody at any hour of the day or night. Subject to reasonable regulations, a relative of
the person arrested can also exercise the same right. )Sec. 14, Rule 113)

13. State the basis of the doctrine of hot pursuit in warrantless arrest.
➢ This doctrine is based on the principle that an arrest is valid even without warrant when an
offense has just been committed and he has probable cause to believe based on personal
knowledge of facts or circumstances that the person to be arrested has committed it. (Sec. 5[b],
Rule 113)

Activity 2: Skill-building Activities

Let’s practice! After completing each exercise, you may refer to the Key to Corrections for feedback. Try to
complete each exercise before looking at the feedback.

2.1 Enumerate when arrest is valid even without warrant and define what is arrest. Write your answer in a
bullet form.

Questions Answers:
a. Warrantless arrest •
•

b. Define arrest •
•

2.2 Check for Understanding (5 mins) The following are questions to assess your understanding about the
lesson today. You are required to identify what is being asked. Write your answer on the space provided before
the number. Avoid any erasures! “Check your answers against the Key to Corrections found at the end of this
SAS. Write your score on your paper.”

MULTIPLE CHOICE: (1 point each) Instructions: Read and analyze each statement carefully. Encircle the letter
of your choice.

1. A remedy granted by law if the arresting officer is not armed with warrant at time of arrest.
a) Show after the arrest c) Do not arrest the person

This document is the property of PHINMA EDUCATION

 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #6 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

b) Allow them to surrender d) None of the above

2. A remedy granted by law to an arresting officer if the person refuses admittance to an enclosure or building.
a) Right to break in and out c) Right to break in
b) Right to break out d) All of the foregoing

3. When arrest may be made?

a. At any time of the day and night c. At night time
b. At day time d. from sun dust till dawn

4. Within how many days upon the date of execution of a warrant of an arrest the person charged with its
execution shall report to the court which issue such warrant when arrest was not been made?
a. 10 days b. 30 days c. 20 days d. 5 days

5. When making an arrest the arresting officer ____________the warrant of arrest in his possession?
a. Need not have c. may sometime have
b. Should always have d. need to have

C. LESSON WRAP-UP

Q1. Distinguished arrest from search and seizure.

Answer: Arrest is different from search and seizure in the following:

Arrest Search
Subject Person Property/Object of the Offense
Validity No expiration/until it is lifted Within 10 days from its issuance
Time Any time, day or night Day time, unless specified in the
application

Possession Not necessary Necessary

Warrant

Exception: ➢ Caught in flagrante delicto ➢ Consented search

➢ Personal knowledge ➢ Plain view
➢ Prisoner or fugitive ➢ Stop and Frisk
➢ Incident to lawful arrest

This document is the property of PHINMA EDUCATION

 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #6 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

➢ Moving Vehicle

Thinking about Learning

Work Tracker

That’s it! You have successfully finished the lesson today. Let us track your progress. Shade the session
number you just completed. Kindly mark the place in the work tracker to help you track how much work they
have accomplished and how much work there is left to do.

1.Did you have challenges learning the concepts in this module? If none, which parts of the module
helped you learn the concepts?
____________________________________________________________________________________
____________________________________________________________________________________

2.Some question/s I want to ask my teacher about this module is/are:

____________________________________________________________________________________
____________________________________________________________________________________

ANSWER KEY:

Rubrics on Skill Building Rate

Activity 2.1
Correct answer with 5
explanation and without
erasure
Correct answer with 2
explanation but with erasure
Incomplete answer and no 2
explanation
Correct answer with 1
explanation and without
erasure
Total 10 points
Activity 2.2
1. A, 2. C, 3. A, 4. A, 5. A

Congratulations! That’s enough for today, please study in advance 😊

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