CHR: Dignity of all
VISION: A just and humane Philippine society of persons
equal in opportunity, living a life of dignity, and
forever vigilant against abuses and oppression.
MISSION: As conscience of government and the people, we seek truth in human rights
issues. As beacon of truth, we make people aware of their rights, and guide
government and society towards actions that respect the rights of all,
particularly those who cannot defend themselves—the disadvantaged,
marginalized, and vulnerable.
ARREST, SEARCH
AND SEIZURE

MARIEROSE P. ALVERO-JOAQUIN
Attorney V
CHR- Regional Office VIII

CHR: Dignity of all

ARREST

is the taking of a person into custody

in order that he may be bound to
answer for the commission of an
offense. (Sec. 1, Rule 113, Rules of
Court)

CHR: Dignity of all

LAW ON ARREST
Section 2, Article III, 1987 Constitution
Section 2. The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable searches and
seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue
except upon probable cause to be determined personally by the
judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to
be seized.
Section 3. xxx.
Any evidence obtained in violation of this or the preceding section
shall be inadmissible for any purpose in any proceeding.

Implication: NO PERSON MAY BE ARRESTED EXCEPT ON A

WARRANT OF ARREST ISSUED BY A JUDGE.
CHR: Dignity of all
LAW ON ARREST

CONSEQUENCES OF VIOLATION:
 Criminal liability, e.g. unlawful arrest,
arbitrary detention;
 Administrative liability
Exclusionary rule
Second par., Section 3, Article III, 1987 Constitution
Any evidence obtained in violation of this or
the
preceding section shall be inadmissible for any
purpose in any proceeding.
CHR: Dignity of all
 Arrest, how made (Sec. 2, Rule 113)

o An arrest is made by an actual

restraint of a person to be arrested, or
by his submission to the custody of
the person making the arrest.
o No violence or unnecessary force shall
be used in making an arrest. The
person arrested shall not be subject to
a greater restraint than is necessary
for his detention.
CHR: Dignity of all
PROBLEM
Alberto was arrested for theft by the Police
Officers by virtue of a Warrant issued by
the Judge. But the Police Officers was
unable to show the warrant at the time of
the arrest. Alberto contended that the
arrest was not valid since the police officer
failed to show the warrant of arrest. Is
Alberto’s contention correct?
A. YES
B. NO
C. IT DEPENDS
CHR: Dignity of all
NO.
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 of 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 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. (Section 7, Rule 113)
CHR: Dignity of all
LAW ON ARREST

EXCEPTION TO THE RULE?

CITIZEN’S ARREST

LEGAL BASIS: SECTION 5 of Rule

113 of the Rules of Court

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LAW ON ARREST
Section 5. Arrest without warrant; when lawful. — 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.

CHR: Dignity of all

 LAW ON ARREST

When CITIZEN’S ARREST allowed:

1. When, in his presence, the person to be arrested has
committed, is actually committing, or is attempting to
commit an offense;
1.Commission of a crime;
2.Violent insanity;
a. In flagrante delicto or “caught in the act” arrests;
3.Ailment requiring compulsory confinement in a hospital (Article 124, RPC)

b. Valid grounds to arrest and detain a person

1. Commission of a crime;
2. Violent insanity;
3. Ailment requiring compulsory confinement in a
hospital (Article 124, RPC)

CHR: Dignity of all

LAW ON ARREST
c. Requisites:
1. Commission of an overt act constitutive of a
criminal offense.
Examples:
a. Removing a house’s window grills in ILLEGAL TRESPASS TO
DWELLING;
b. Punching a person in PHYSICAL INJURIES;
c. Aiming a gun at another in DISCHARGE OF FIREARM;
d. Slapping a person in the face in SLANDER BY DEED

CHR: Dignity of all

LAW ON ARREST

Problem:
While conducting regular roving around the
vicinity of his barangay as appointed barangay tanod,
ALDEN happened to chance upon an unknown
individual walking round and about in a dark alley at 1
o’clock in the morning.
Can ALDEN arrest the unknown individual under “in
flagrante delicto”?
A. YES B. NO C. IT DEPENDS

CHR: Dignity of all

LAW ON ARREST

Answer:
NO.
While the individual was
performing an overt act, i.e. walking
round and about in a dark alley, when
Alden chanced upon him, the said act is
not constitutive of any offense.

CHR: Dignity of all

LAW ON ARREST

2. The overt act constituting an offense is

committed IN THE PRESENCE OF THE
PERSON MAKING THE ARREST

CHR: Dignity of all

LAW ON ARREST
2. 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.
Requisites:
1. Immediacy between the time of commission of the offense and
the time of arrest.
QUERY: When is an offense deemed to have JUST BEEN
COMMITTED?
a. An interval of ONE DAY between the time of commission and the
time of arrest is NOT JUSTIFIED under the second exception.
(People v. Del Rosario)
b. An interval of THREE HOURS can still be justified under the
second exception (People v. Gerente)
CHR: Dignity of all
LAW ON ARREST

b. Person making the arrest has personal knowledge

of FACTS AND CIRCUMSTANCES SURROUNDING
THE COMMISSION OF AN OFFENSE, not personal
knowledge of the commission itself.

Example:
In a stabbing incident, seeing the wounded
sprawled on the ground and a person fleeing
while holding a knife with bloodied clothes are
enough circumstances to arrest the fleeing person
although he did not see the latter stab the former.
CHR: Dignity of all
LAW ON ARREST
PROBLEM:
Responding to distress calls coming from concerned
neighbors, Cardo, barangay tanod of Brgy. XYZ, went to
the house of Mr. Sy. Upon arrival, Cardo saw Mr. Sy
sprawled on the ground with blood oozing from his
wounds at his back. Asked by Cardo on what happened,
Fabio, Mr. Sy’s neighbor, answered that it was Elias who
stabbed Mr. Sy.
Question:
Can Cardo, as barangay tanod and on the basis of the
information given by Fabio, pursue and arrest Elias?

A. YES B. NO C. IT DEPENDS
CHR: Dignity of all
Answer:

NO.
Information given by an alleged
witness to the commission of the
offense is not “personal knowledge
of facts and circumstances” as
would justify a valid warrantless
arrest. (People v. Mendez, et al.,
G.R. No. 147671, November 21,
2002)
CHR: Dignity of all
LAW ON ARREST

3. 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 to another.

CHR: Dignity of all

LAW ON ARREST
AFTER EFFECTING CITIZEN’S ARREST

If a person is arrested without a warrant, he/she will be

immediately brought to the proper police station and
kept there for not more than 12 hours for crimes or
offenses punishable by light penalties; 18 hours for crimes
or offenses punishable by correctional penalties; and 36
hours for crimes or offenses punishable by capital
penalties. He/she must undergo inquest proceedings in
accordance with Section 7, Rule 112 of the 2000 Rules of
Criminal Procedure.

CHR: Dignity of all

LAW ON ARREST
AFTER EFFECTING CITIZEN’S ARREST

The arrested person shall not be subjected to torture,

force, violence, threat, intimidation, or any other means
which vitiate the free will. The arrested person should
not be brought to secret detention places, solitary
confinement (incommunicado) or other forms of
detention.

CHR: Dignity of all

LAW ON ARREST
AFTER EFFECTING CITIZEN’S ARREST

If you have been arrested without a warrant and you

waive your right under the provisions of Article 125 of the
Revised Penal Code, the arresting officer shall ensure that
you sign a waiver of detention in the presence of the
counsel of your choice. If you waive your right against self
incrimination and opt to give your statement, the
arresting officer (police) shall ensure that the waiver be
made in writing and signed by you in the presence of a
counsel of your own choice or a competent and
independent counsel provided by the government.
CHR: Dignity of all
LAW ON ARREST
AFTER EFFECTING CITIZEN’S ARREST

Immediately after your arrest, you should be

subjected to a physical examination by a
medico-legal officer or, in the absence of
such medico-legal officer, by any
government physician in the area. Prior to
your release or any change of custody, you
will also be physically examined.
CHR: Dignity of all
JURISPRUDENCE
1. The arrest must be made immediately after the commission of the crime,
otherwise warrantless arrest cannot be justified under this section. In one case,
it was held that where the arrest of the accused without warrant was effected
one day after the killing of the victim and only on the basis of information
obtained by the policemen from unnamed sources, it was unlawful. (People vs
Cendana,190 SCRA 538; People vs Monda, Jr., 228 SCRA 115)

2. Police officers have probable cause to believed based on personal knowledge

of the actual commission of the crime when it had earlier conducted surveillance
activities of the accused. (People vs Bati, 189 SCRA 97; People vs Sucro, 195
SCRA 388)

3. A warrantless arrest effected three months after the commission of the crime
is unconstitutional and illegal, there must be compliance with the element of
immediacy between the time of the offense and the time of the arrest. People vs
Salvatierra, 276 SCRA 55)

CHR: Dignity of all

LAW ON SEARCHES
AND SEIZURES

CHR: Dignity of all

Section 2, Article III, 1987 Constitution
Section 2. The right of the people to be secure in their
persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature
and for any purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except upon
probable cause to be determined personally by the judge
after examination under oath or affirmation of the
complainant and the witnesses he may produce, and
particularly describing the place to be searched and the
persons or things to be seized.
Section 3. xxx.
Any evidence obtained in violation of this or the preceding
section shall be inadmissible for any purpose in any
proceeding. CHR: Dignity of all
Search Warrant
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 bring it
before the court. (Sec. 1, Rule 126)

CHR: Dignity of all

An application for search warrant shall be filed
with the following:

a) Any court within whose territorial jurisdiction

a crime was committed.

b) For compelling reasons stated in the

application, any court within the judicial region
where the crime was committed if the place of
the commission of the crime is known, or any
court within the judicial region where the
warrant shall be enforced.
CHR: Dignity of all
Personal property to be seized

(a) Subject of the offense;

(b) Stolen or embezzled and other
proceeds, or fruits of the offense; or
(c) Used or intended to be used as the
means of committing an offense.
(Sec. 3, Rule 126)

CHR: Dignity of all

Execution of the Search Warrant

 The officer, if refused admittance to the place of directed search

after giving notice of his purpose and authority, may break open
any outer or inner door or window of a house or any part of a
house or anything therein to execute the warrant or liberate
himself or any person lawfully aiding him when unlawfully
detained therein. (Sec. 7, Rule 126)
 No search of a house, room, or any other premise shall be made
except in the presence of the lawful occupant thereof or any
member of his family or in the absence of the latter, two
witnesses of sufficient age and discretion residing in the same
locality. (Sec. 8, Rule 126)

CHR: Dignity of all

 The warrant must direct that it be served in
the day time, unless the affidavit asserts
that the property is on the person or in the
place ordered to be searched, in which case
a direction may be inserted that it be served
at any time of the day or night. (Sec. 9, Rule
126)

 A search warrant shall be valid for ten (10)

days from its date. Thereafter it shall be
void. (Sec. 10, Rule 126)

CHR: Dignity of all

 The police officer who confiscates property
under the warrant shall issue a detailed
receipt of property seized to the lawful
occupant of the premises, or in the absence
of such occupant, shall, in the presence of at
least two (2) witnesses of sufficient age and
discretion residing in the same locality, leave
a receipt in the place in which he found the
seized property and a duplicate copy
thereof with any barangay official having
jurisdiction over the place searched.
CHR: Dignity of all
 The police officer must forthwith deliver the
property seized to the judge who issued the
warrant, together with an inventory thereof
duly verified under oath.

CHR: Dignity of all

LAW ON SEARCHES AND SEIZURES

EXCEPTIONS:
1. Search incident to lawful arrest (Section 13, Rule 128,
Rules of Court)
A person lawfully arrested may be searched for
dangerous weapons or anything which may have been
used or constitute proof in the commission of an offense
without a search warrant.
2. Seizure of evidence in plain view (plain view
doctrine);
3. Search of a moving vehicle
4. Consented warrantless search
5. “Stop and Frisk”
CHR: Dignity of all
LAW ON SEARCHES AND SEIZURES

SEARCH INCIDENT TO LAWFUL ARREST

▪Rationale?
The frisk and search is a precautionary measure of
arresting officers to protect themselves, for the person
who is about to be arrested may be armed and may
attack them unless he is first disarmed

▪The arrest must precede the search, not the other way
around;

▪The arrest preceding the search must be LAWFUL.

CHR: Dignity of all

LAW ON SEARCHES AND SEIZURES

The PLAIN VIEW DOCTRINE

Requisites:
 a prior valid intrusion based on the valid
warrantless arrest in which the police are legally
present in the pursuit of their official duties;
 the evidence was inadvertently discovered by
the police who had the right to be where they
are;
 the evidence must be immediately apparent;
and
 "plain view" justified mere seizure of evidence
without further search.
CHR: Dignity of all
LAW ON SEARCHES AND SEIZURES

SEARCH OF A MOVING VEHICLE (check-point searches)

▪Rationale? The mobility of motor vehicles makes it
possible for the vehicle to be searched to move out of the
locality or jurisdiction in which the warrant must be
sought.
▪Kinds of check-point searches
Ocular search
Extensive search
▪Initially, only ocular search is allowed. Extensive search is
allowed only when, from the ocular search made, there is
probable cause to conduct a more probing search

CHR: Dignity of all

LAW ON SEARCHES AND SEIZURES
CONSENTED WARRANTLESS SEARCH
Whether consent to the search was in fact voluntary is a question
of fact to be determined from the totality of all the circumstances.
Relevant to this determination are the following characteristics of
the person giving consent and the environment in which consent
is given: (1) the age of the defendant; (2) whether the defendant
was in a public or a secluded location; (3) whether the defendant
objected to the search or passively looked on; (4) the education
and intelligence of the defendant; (5) the presence of coercive
police procedures; (6) the defendant’s belief that no incriminating
evidence would be found; (7) the nature of the police questioning;
(8) the environment in which the questioning took place; and (9)
the possibly vulnerable subjective state of the person consenting..
(continued)

CHR: Dignity of all

LAW ON SEARCHES AND SEIZURES

CONSENTED WARRANTLESS SEARCH

It is the State that has the burden of proving, by clear and positive
testimony, that the necessary consent was obtained, and was
freely and voluntarily given. In this case, all that was alleged was
that petitioner was alone at the police station at three in the
morning, accompanied by several police officers. These
circumstances weigh heavily against a finding of valid consent to a
warrantless search. (Rodel Luz v. People of the Philippines, G.R.
No. 197788, Feb. 29, 2012)

CHR: Dignity of all

LAW ON SEARCHES AND SEIZURES

“STOP AND FRISK”

Also called the “Terry search” as the doctrine was taken from the
landmark case of Terry v. Ohio (392 U.S. 1)
the vernacular designation of the right of a police officer to stop a
citizen on the street, interrogate him, and pat him for weapon(s);
the interest of effective crime prevention and detection allows a
police officer to approach a person, in appropriate circumstances
and manner, for purposes of investigating possible criminal
behavior even though there is insufficient probable cause to make
an actual arrest

CHR: Dignity of all

LAW ON SEARCHES AND SEIZURES

“STOP AND FRISK”

(W)here a police officer observes an unusual conduct which leads
him reasonably to conclude in light of his experience that criminal
activity may be afoot and that the persons with whom he is
dealing may be armed and presently dangerous, where in the
course of investigating this behavior he identified himself as a
policeman and makes reasonable inquiries, and where nothing in
the initial stages of the encounter serves to dispel his reasonable
fear for his own or others' safety, he is entitled for the protection
of himself and others in the area to conduct a carefully limited
search of the outer clothing of such persons in an attempt to
discover weapons which might be used to assault him.

CHR: Dignity of all

JURISPRUDENCE
 legality of a search warrant can be contested only by the party
whose rights have been impaired. An objection to an unlawful
search and seizure is purely personal and cannot be availed of
by third parties(Stonebill vs. Diokno, 20 SCRA 383).

 the right to immunity against unreasonable search and

seizures also applies to corporations. Bache Co. (Phil.) vs. Ruiz,
37 SCRA 823,

 illegality of a search warrant does not call for the return of

the thing seized which are prohibited (Mata vs. Bayona, 128
SCRA 389)

CHR: Dignity of all

 A LAST NOTE

“The constitutional proscription against

unlawful searches and seizures therefore
applies as a restraint directed only against the
government and its agencies tasked with the
enforcement of the law. Thus, it could only be
invoked against the State to whom the
restraint against arbitrary and unreasonable
exercise of power is imposed.

CHR: Dignity of all

 A LAST NOTE
“If the search is made upon the request of law enforcers, a
warrant must generally be first secured if it is to pass the test
of constitutionality. However, if the search is made at the
behest or initiative of the proprietor of a private
establishment for its own and private purposes, as in the case
at bar, and without the intervention of police authorities, the
right against unreasonable search and seizure cannot be
invoked for only the act of private individual, not the law
enforcers, is involved. In sum, the protection against
unreasonable searches and seizures cannot be extended to
acts committed by private individuals so as to bring it within
the ambit of alleged unlawful intrusion by the government.”
(People of the Philippines v. MARTI, G.R. 81561, January 18,
1991)
CHR: Dignity of all
IMPLICATIONS:

▪ Intrusions made by private individuals are

not governed by the Bill of Rights
▪ Thus, all consequences relative to its
violations are not squarely applicable.
No liability for arbitrary detention or
violation of domicile;
No administrative liability
MOST IMPORTANTLY, the exclusionary rule
DOES NOT APPLY. (People v. Marti)

CHR: Dignity of all

 Thank you!

Contact us:
Commission on Human Rights Regional Office VIII
Brgy. 92 Apitong Tacloban City 6500

Hotlines:
Globe – 0917 187 7243
Smar- 0919 000 3975

Email: chrtac8@yahoo.com

CHR: Dignity of all

See you online!

http://chr.gov.ph

facebook.com/chrgovph
CHR Tacloban

@chrgovph

CHR: Dignity of all

 CHR REGIONAL OFFICES

REGION II
No. 05 Pabbablo St., Regional Government Center Carig Sur,
Tuguegarao City, Cagayan | (078) 304 2047

REGION I
Ground Flr., Ed Fabro Bldg., Pagdalangan,
San Fernando City, La Union | (072) 607 8706 CAR
3rd Floor SSS Baguio Branch Bldg.,
Harrison Road 2600 Baguio City | (074) 619 9089

REGION III
Government Center, Sacop,
San Fernando City, Pampanga | (045) 961 4830
REGION IV
2nd Flr., Mary Grace Building, Colago Ave.,
cor. M.L. Quezon St., San Pablo City, Laguna 4000 | (049) 562 5415
NCR
SAAC Building, Commonwealth Ave.
UP Complex, Diliman, Quezon City | (02) 928 7098
REGION V
Regional Center Site, Rawis,
Legazpi City, Albay | (052) 480 0521

REGION VIII
REGION VI
Cor. Maharlika and Apitong St., Brgy. 92, 6500
L2 P22 Iloilo Sports Complex, La Paz,
Tacloban City | (053) 321 3903
Iloilo City, Iloilo | (033) 392 2282

REGION VII
132 AFR Bldg., Don Mariano Cui St.,
Capitol Site, Cebu City, Cebu | (032) 253 5403

CARAGA
2nd Flr., CAP Bldg., J.C. Aquino cor J. Rosales Ave., 8600
Butuan City | (085) 815 2247
REGION X
2nd Flr. Ong’s Building, cor. Yacapin Ext. and Pres. Roxas St. 9000
Cagayan de Oro City | (0882) 272 4525
REGION XI
Trinity II Building, Quimpo Blvd., 8000
Davao City | (082) 298 3479
REGION IX
JMS Bldg., Ñunez Ext. 7000,
Zamboanga City | (062) 993 2869 REGION XII
Prime Regional Government Center,
Brgy., Carpenter Hill, Koronadal City | (083) 228 6348

CHR: Dignity of all

 SAAC Bldg., Commonwealth Ave.,
UP Complex, Diliman, Quezon City

Public Assistance and Complaints Desk

(0936) 068 0982 (TM) | (02) 294 8704

/chrgovph
www.chr.gov.ph

VISION: A just and humane Philippine society of persons
equal in opportunity, living a life of dignity, and
forever vigilant against abuses and oppression.
MISSION: As conscience of government and the people, we seek truth in human rights
issues. As beacon of truth, we make people aware of their rights, and guide
government and society towards actions that respect the rights of all,
particularly those who cannot defend themselves—the disadvantaged,
marginalized, and vulnerable.