Arrest – is the taking of a person into

custody so he can answer for the

commission of an offense.
Who are Exempted
from Arrest
 Who are Exempted from Arrest:

a. President of the Philippines

b. Senators or members of the House of
Representatives, while congress is in session, in
all offenses punishable by not more than six (6)
years imprisonment.
The Methods of Arrest
 The Methods of Arrest
a. With Warrant of Arrest – the officer shall
inform the person to be arrested of the cause
of the arrest and of the fact that a warrant has
been issued for his arrest, except when he
flees or forcibly resist before the officer has
opportunity to inform him or when the giving
of 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 warrants shall be shown to him as soon as
practicable.
 The Methods of Arrest

b. Without Warrant of Arrest – the officer

shall inform the person to be arrested of his
authority and the cause of his arrest, unless
the person to be arrested is then engaged in
the commission or after an escape or flees or
forcibly resists before the officer has
opportunity to inform him or when the giving
of such information will imperil the arrest.
When Lawful Warrantless Arrest is
Merited
 When Lawful Warrantless Arrest is Merited

a. When, in the law enforcers presence, the

person to be arrested has committed, is
actually committing or is attempting to
commit an offense.

b. When an offense has in fact been committed

and the officer has personal knowledge of
facts indicating that the person to be
arrested has committed it.
 When Lawful Warrantless Arrest is Merited

c. When the person to be arrested is a prisoner

who has escaped from a penal establishment
or place where he is serving final judgement
or temporarily confined while his case is
pending or has escaped while being
transferred from one confinement to another.
d. If a persons lawfully arrested escapes or
rescued, any person may immediately pursue
or retake him without warrant at anytime and
in any place within the Philippines.
 When Lawful Warrantless Arrest is Merited
e. When the arrest is made by a bondsman for
the purpose of surrendering the accused.
f. When the accused released on bail
attempts to leave the country with out
court permission.
g. Violation of unconditional pardon,
punishable under article 159 of the Revised
Penal Code as a case of evasion of service of
sentence.
h. Arrest following a deportation proceeding by
the Immigration Commissioner against illegal
The Hot Pursuit Arrest
 Hot Pursuit Arrest

The Hot Pursuit Arrest must have the

following elements:

a. That an offense has been committed

b. That an offense has just been committed
c. That there is probable cause based on
personal knowledge of facts or circumstances
that the person to be arrested were the ones
who committed it.
Arrest as a Result of a “Buy-Bust”
Operation
 Arrest as Result of a “Buy-Bust” Operation
The “Buy-Bust” Operation- is a form of
entrapment which has been repeatedly
accepted to be valid means of arresting
violators of Dangerous Drugs Law. It is a
means of catching a malefactor in flagrante
delicto. The police officer conducting the
operation are not only authorized but duty
bound to apprehend the violator and to
search him for anything that may have been
part or used in the commission of the crime
(Pp vs Salazar, Jan 27, 1997)
How to Effect the Arrest
 How to Effect the Arrest

In general, an arrest is made by an actual

restraint of the person to be arrested or by his
submission to the custody of the person
making the arrest.

No violence or unnecessary force shall be

used in making an arrest and the person
arrested shall not be subjected to any greater
restraint than is necessary for his detention.
(Section 2, Rule 113 of Rules of Court)
 How to Effect the Arrest

a. Making the Arrest:

1. Use good judgment in connection with the

arrest.

2. Assume that the subject is armed and will take

your life if given an opportunity.
 How to Effect the Arrest

b. Arrest on the Street.

1. This should be made from the side or rear of

the person to be arrested when possible.
2. Subject should be force toward the building
3. Avoid congested areas when possible
 How to Effect the Arrest

c. Arrest at home, Office or Business

Establishment:

1. Restrict the subject movement. Do not grant

request for personal privileges before being
searched.
2. Clothing and other things requested should be
examined for weapons or items of evidence
before turning them over to the subject.
Summoning Assistance for Arrest
 Summoning Assistance for Arrest

Any officer making a lawful arrest may

verbally summon as many as he deems
necessary to aid him in making the arrest.
Every person so summoned shall aid him in
the making of such arrest when he can render
such aid without detriment to himself.
Procedures When Arrest is Made
 Procedures When Arrest is made
a. Secure the person arrested (handcuff at
the back)

1. Conduct thorough search for weapons

and other illegal materials.

2. Inform the arrested person of his rights

as provided for in the Constitution.
 Procedures When Arrest is made
b. Use reasonable force in making arrest.

1. Confiscated evidence shall be properly

documented
2. Bring the arrested person to the
government hospital for medical examination
3. Bring the arrested person to the Police
station for documentation
 Arrest of Minors
(RA 9344- Juvenile Justice Welfare
Act of 2005)
 Arrest of Minors (RA 9344)

If it has been determined that the child taken

into custody is fifteen (15) years old below,
the authority which will have an initial contact
with the child has the duty to immediately
release the child to the custody of his/her
parents or guardian or in the absence thereof
the child nearest relatives. Said authority shall
give notice to the local social welfare and
development officer.
 Arrest of Minors (RA 9344)

The child may be released to any of the

following also:
a. Duly registered non-governmental or religious
organization
b. A barangay official or a member of the
Barangay Council for the Protection of Children
(BCPC)
c. A local social welfare and development officer
 Use of Handcuffs and other
Instruments of Restraint of Force
or Restraint
 Use of Handcuffs and other
Instruments of Restraint of Force or
Restraint (RA 9344)
a. Apprehending officer shall avoid displaying or
using any firearms, weapon , handcuff and or
other instruments.

b. The taking of statement of the child shall be

conducted in the presence of the Counsel or
PAO, Parents, guardian, nearest relatives and
the local social welfare and development
officer.
Detention and Bodily Search of
Minor
 Detention and Bodily Search of a Minor

A child in conflict with law shall only be searched

by a law enforcement officer of the same
gender and shall not be locked up in a
detention cell. However, if detention is
necessary, the arresting officer shall ensure
that the child shall be secured in quarters
separate from that of the opposite sex and
adult offenders.
The Right of Attorney or Relative
to Visit Person Arrested
 The Right of Attorney or Relative to
Visit Person Arrested
a. Any member of the bar shall at the request of
the person arrested or of another in his behalf,
have the right to visit and confer privately with
such person in jail or any other place of
custody at any hour of the day or in urgent
causes of the night. This right shall be
exercise by any relative of the person arrested
to reasonable regulations.
 The Right of Attorney or Relative to
Visit Person Arrested
b. Executive Order No 155 dated March 1987, amending
RA 857, penalizes any public officer who deprives a
person of his right to counsel. The penalty shall be
prison correctional or imprisonment of 6 months and
one day to 6 years.
c. Republic Act 857 has been repealed by RA 7438. The
penalty is now a fine of 6,000.00 or penalty of
imprisonment of not lees than 8 years but not more
than 10 years or both. The penalty of perpetual
absolute disqualification shall be imposed upon the
investigating officer who has been previously
convicted of similar offense.
The Custodial Investigation
 The Custodial Investigation

a. It is the skillful questioning of a suspect or a hostile

witness to divulge information on the crime being
investigated.

b. It must be remembered however, that police

investigator can not learn proper investigation merely
by reading books. The success of the investigation
depends on its legality, topic, physical insight and
experience.
The Booking Procedures of the
Arrested Person/Suspect
 The Booking Procedures of Arrested
Person/Suspect

a. The arrested suspect/person shall be subjected to

booking procedures. He shall likewise be
fingerprinted, photograph and tested for possible use
of dangerous drugs.

b. A person under arrest who refuses to be

fingerprinted may be prosecuted for disobedience to
an agent of person in authority, as defined and
penalized by Article 151 of the RPC.
 The Booking Procedures of Arrested
Person/Suspect

c. Again inform the arrested person of his rights as

provided for in the constitution.

d. Prepare spot report, sworn statements of arresting

officers and witnesses, other supporting documents
and processing of evidence.
The Medical/Physical Examination
of the Arrested Person/Suspect
 The Medical/Physical Examination of
Arrested Person/Suspect

Immediately after the arrest of the person ordered

arrested by the court or of a suspect under custodial
investigation, he should be subjected to a
medical/physical examination. Prior to his release or
any change of custody, the suspect should also be
immediately examined by the medico legal officer or
any government physician in the area.
The Mug-shots and Fingerprints of
the Arrested Person/Suspect
 The Mug-shots and Fingerprint of
Arrested Person/Suspect

The arresting unit shall at all times take the mug shots
and fingerprints of all arrested persons. Copies
thereof shall be submitted to the PNP Crime
Laboratory Service to serve as master file.
The Reports on Arrested
Person/Suspect
 The Reports on Arrested
Person/Suspect

The arresting unit shall at all times shall immediately

reported to the Chief, PNP Attention DO, DIDM,
PACER and AID SOTF (In case of kid-napping or
Drugs)
The Accomplishments of National
Crime Reporting System (NCRS)
 The Reports on Arrested
Person/Suspect

The operating unit concerned shall accomplish regularly

the NCRS and all agencies concerned shall be
provided with copies thereof
The Raid
 The Raid

It is the surprise invasion of an area. It must be legal

having its basis in lawful process and conducted in a
legal manner. This will be in form of Search Warrant
or Warrant of Arrest. The raid may be in pursuit of a
person reasonably believed to be guilty of felony and
when it is known that the felony has just been
committed.
 The Raid

a. Every member of the law enforcement agencies must

know the technique of conducting raid.

b. Raid are usually made after careful investigation and

when other methods of accomplishing the mission
are not suitable.

c. Whenever available, men experienced in conducting

police raids should be chosen as raid commander.
The Raid Objectives
 The Raid Objectives

a. Effect an apprehension.

b. Obtain evidence of illegal activities by surprising the

offenders in flagrante delicto.

c. Recover stolen property.

Coordination with the Local Chief
of Police/Station Commander
 Coordination with Local Chief of Police
or Station Commander

It is imperative that immediately before service of

search warrant, the Team Leader should see to it
that proper coordination is made with the
commander of the local police station having
jurisdiction over the target premises. The
coordinating party will inform the local station that
their team is conducting an operation in their area.
This gesture of coordination is not only a
manifestation of courtesy but also a safety measures
to avoid the possibility of a mistake encounter.
Basic Reaquirements in the
Conduct of Raid
 Basic Requirements in the Conduct of
Raid

a. With marked police vehicle

b. Preferably led by a Commissioned Officer.
c. With personnel in proper police uniform

Exception to this rule is when the used of a marked

vehicle will jeopardize the safety of the raiding team
and will greatly affect the success of the operation.
.
The Don’ts in the Conduct of Raid
 The Don’ts in the Conduct of Raid
a. Don’t take unnecessary chances.
b. Don’t underestimate the ability or courage of the
subject
c. Don’t raid when not properly prepared.
d. Don’t endangered the life of the by-standers.
e. Don’t use police personnel who are not will
acquainted with each other.
f. Don’t forget gas mask when employing tear gas.
g. Don’t unnecessarily violent on the subject.
h. Don’t shoot unless very imperative
i. Don’t touch the evidence unless seen by witnesses or
by the owner or occupant of the place.
The Search
 The Search

It is an examination of an individual’s person, house,

papers or effects or other buildings and premises to
discover contraband or some evidence of guilt to be
used in the prosecution of a criminal action.
The Search Warrant
 The Search Warrant

It is an order in writing issued in the name of the People

of the Philippines, signed by a judge and directed to
a peace officer, commanding him to search for
personal property described therein and to bring it
before the court.
 The Requisites for Filing an
Application for Search Warrant
 The Requisites for filling an Application
for Search Warrant
All application for Search Warrant shall be personally
endorsed by the Head of the agency for the search of
places and the things to be seized to be particularly
described therein. The application shall be recorded
in a logbook. The application shall likewise indicate
the following data:
a. Office applying for the Search Warrant
b. Name of applicant
c. Name of subject
d. Address of the place to be searched
e. Specific statement of things/articles to be seized
f. Sketch of the place to be searched
 The Requisites for filling an Application
for Search Warrant

A Search Warrant shall be issued only upon probable

cause (Personal Knowledge of facts and not hearsay)
in connection with one specific offense to be
determined personally by the judge. The facts must
be sufficient to establish the need for the issuance of
the warrant.
 Requirements and other
Significant Features in a Search
Warrant
 Requirements and other Significant
Features in a Search Warrant

a. Probable Caused Required for Search Warrant which

means that sufficient facts must be presented to the
judge issuing the warrant to convince him that
circumstances sufficiently establish the need for the
issuance of the warrant.
b. May things illegally Seized be Admitted as Evidence?
The fruits of an illegal search are inadmissible as
evidence. Any evidence obtained in violation of the
right of the people against unlawful searches and
seizures shall be inadmissible for any purpose in any
proceeding. (Sec 3 (2), Art III, 1987 Constitution)
 Requirements and other Significant
Features in a Search Warrant
c. May Articles Not Mentioned in the Searched Warrant
be Seized? Generally, articles not included in the
search warrant may not be seized. However, articles
prohibited by the statute, although not included in
the search warrant, may be seized. Thus, if during
the progress of a bona-fide search for other
commodities illegally possessed, whether with search
warrant or not , contraband or items declared as
illegal per se are discovered, the contraband can be
seized. The seizures of goods, the possession of
which is forbidden by statute, violates no
constitutional right of the accused.
Procedures in the Implementation
of Search Warrant
 Procedures in the Implementation of
the Search Warrant
a. A Search Warrant must be served within ten (10)
days from its date.
b. The Search must be made at day time unless
otherwise stated.
c. Must issue detailed Receipt of Property Seized
d. The lifting of articles should be done by the owner of
the house or his authorized representative or by
immediate members of his family, to preclude any
suspicion of theft or planting of evidence.
e. There after, the officer must deliver the things
immediately to the judge who issued the warrant
with an inventory duly verified under oath.
The Seizure
 The Seizure

It is the confiscation of personal property by virtue of a

search warrant issued for the purpose. A Search
Warrant may be issued for the search and seizure of
the following personal properties:

a. Subject of the offense

b. Stolen or embezzled and other proceeds or fruits of
the offense.
c. Used or intended to be use as the means of
committing an offense.
Disposition of Money and Other
Valuable Property
 Disposition of Money and Other
Valuable Property

a. Money should be accounted and the serial numbers

of the bills noted
b. Valuables should be sealed in a property envelope in
the presence of the owner
c. Property envelop should show a complete inventory
of its content
d. The owner should initial the outside of the envelope
showing approval of its contents
e. Raiding officers should signed their names on the
outer part of the envelope.
 Disposition of Money and Other
Valuable Property

f. A Receipt should be given to the suspect.

 PILLARS OF THE CRIMINAL
JUSTICE SYSTEM

Communities Crime

Law Enforcement

Community
Prosecution

Correction Court 76
GOOD DAY AND MABUHAY!