LESSON 4

Warrantless Arrest and Detention

TOPICS
1. Arrest
2. Custodial Investigation and Detention

LEARNING OUTCOMES
At the end of the lesson, you should be able to:
a. differentiate the arrest with warrant and warrantless arrest and the
person brought into the custody of law; and
b. discuss the rights of the person and rights violated under custodial
investigation.

TOPIC 1: ARREST
The conduct of investigation is nothing without arresting the
perpetrator of the crime. Arrest is referred to as the taking of person
suspected to have committed an act to which the law defines it as a
crime into the custody of any law enforcement agencies who has
the authority to do so in order to answer queries in line with matters
concerning the commission of the crime.

Legally, the Rules of Court (Section 1, Rule 113) define arrest

as the taking of person into the custody of law in order that he may
bound to answer for the commission of offense.

Warrant of Arrest
In the course of investigation, if the identity of the person
suspected to have committed a crime was already established and the evidence of guilt pointing him/her as
the perpetrator of the crime is strong, the investigators should secure a warrant in order to arrest the person.
Warrant of Arrest is defined as a document from court ordering and directing any law enforcer to
apprehend and detain any person whose name will appear in the warrant for him to answer matters
regarding the commission of a crime. Any person suspected to have committed a crime can only be lawfully
arrested after securing a warrant.
However, a person can also be lawfully arrested by virtue of a warrantless arrest. Warrantless arrest
is defined as the arrest made by any law enforcer without the benefit of a warrant. Arrest without warrant is
possible provided that either of the following circumstance is present:

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 1. That the person to be arrested is about to commit, actually committing, or have just committed
an act to which the law defines it as a crime in the presence of the person who will make the
arrest (In Flagrante Delicto)
2. That the person to be arrested have committed an act to which the law defines it as a crime and
the person making the arrest have probable cause that the same person is probably guilt of a
crime. Probable cause simply means as a reasonable bases to establish a well-founded belief
that the person may have committed an act to which the law defines it as a crime (Hot Pursuit);
and
3. That the person to be arrested is one who escaped from penal confinement. (Escapee)

Furthermore, inquest proceeding will be done if the person was arrested without the benefit of the
warrant. This is conducted to ensure that the arrest made is legal and in accordance with the law. Inquest is
defined as the informal and summary investigation conducted by public prosecutor in a criminal case
involving persons arrested without the benefit of a warrant to determine if the person so arrested should
remain under custody and be charged accordingly.

Rules in Making Arrest

In making arrest, the rules of Court provides the following guidelines such that:
1. It should be made by an actual restraint of a person to be arrested or,
2. By submission of the person to be arrested to the custody of any person making the arrest.
It must be noted that in the event of arresting the suspect allegedly to have committed a crime, the
person making the arrest should observe.
1. Not to use any unnecessary force and
2. Use only the force necessary to arrest the person
Any form of violence is not allowed also, since it may cause the physical evidence to be
incompetent and therefore, inadmissible as evidence during court presentation.

Execution of Warrant
After a warrant has been issued by the honorable court, any law enforcer directed to cause its execution
shall exhaust all the remedies to arrest the person whose name appears in the warrant. Execution of a
warrant simply means as carrying out the duty to find the person whose name was written in the warrant and
cause his arrest and detention.
In executing the warrant, the following should be observed:
1. A warrant can be executed either during the day or night;
2. The person making the arrest shall inform the person to be arrested that a warrant has been
issued for his arrest; and
3. It must be executed within 10 days from the moment it was received;
However, the person making the arrest shall proceed with the arrest of the person even without
informing him of the cause of arrest or that a warrant was issued for him to be arrested provided that either
of the following is present:
1. The person flees;
2. The person forcibly resisted; or
3. It will hamper successful arrest of the person.
Moreover, if the person whose name appeared in the warrant be located or traced within 10 working
days upon its receipt, the law enforcer task to execute the warrant shall make a report to the judge who
issue the same, explaining the reason/s for the failure to arrest the person within the time given by court.

Task/Activity 24
Activity 1: Bridging Questions
1. How arrest made?
2. Who issues warrant of arrest and when?
3. What happens when the person is arrested?

TOPIC 2: CUSTODIAL INVESTIGATION AND DETENTION

Any person arrested and brought before the custody of the law is presumed innocent until proven to be
guilty. Thus, a person has the same right as any ordinary individual in order to protect the interest of an
ordinary individual as well as prevent any abuses
from law enforcers. These rights must be observed as
any violations may result to the dismissal of the case.
These rights provided by the state was originally
founded in the case of Ernesto Miranda vs. the State
of Arizona such that the Court dropped his conviction
for kidnapping and rape for failure of police officers
conducting the investigation to inform and recite his
legal rights prior to confession during custodial
investigation.
In the Philippines, the right of the person arrested
is originally defined under the Bill of Rights of the
1987 Philippine Constitution (Section 12, Article III)
such that any person lawfully arrested and under
investigation for the commission of a crime shall have
the following rights:

1. Right to remain silent;

2. Right to have independent and
competent counsel, preferably of his own choice; and
3. Right to know the nature and the cause of accusation against the person accused.
In addition to the above rights, the state enacted the statutory law Republic Act 7438 which provides
further the process of obtaining a confession to any person detained or under custodial such that:

1. The person detained or under custodial investigation shall be assisted by a counsel at all times;
2. The recital of his rights shall be in the dialect known and understood by the person detained or
under custodial investigation; and
3. The custodial investigation report shall be reduced into writing by the investigating officer and
must explained to him by his counsel before it will be signed by the same.

In like manner, any extrajudicial confession made by the4 person arrested or detained shall be in
writing and signed in the presence of his counsel. Take note, extra judicial confession is a confession made
by an arrested or detained person while under the custody of law and is done outside the court.

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 Moreover, custodial investigation is the issuance of an invitation to the person suspected to have
committed a crime who at the same time is brought before the custody of law in order to answer matters
regarding the commission of a crime without jeopardy to the liability of the person for any violations he may
commit. On the other hand, custodial investigation report is the document prepared by the investigating
officer during the investigation process containing all necessary information about the confession of the
person brought before the custody of law.

Arbitrary Detention
Arbitrary detention is a crime against the fundamental law of the state, committed by any public
officer or employee in any of the following:
1. Detention of any person without legal grounds (Article 124);
2. Delay in the delivery of detained person to the proper judicial authority (Article 125); and
3. Delaying Release (Article 126)
In relation to arrest, any person arrested without the benefit of warrant (warrantless arrest) shall be
released subject to the gravity of the offense he is suspected to have committed such that:
1. 12 hours, if the person committed a light felony;
2. 18 hours, if the person committed less grave felony; and
3. 36 hours, if the person committed a grave felony.
Any police officer who will not observe or fail to observe the following number of hours shall be
charged for arbitrary detention under article 125 of Revised Penal Code.

Task/Activity

Activity 3: Bridging Questions

1. Does the person arrested has also the same rights as those ordinary individuals? If yes, what are
these rights?

ASSESSMENT 1: Application

1. Is it right and proper that the person detained be provided with individual rights as mandated by the
constitution? Explain briefly.

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