ESSENTIALS

OF
CRIMINAL PROCEDURE

How is arrest made?
It 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. (Sec.2)
Note; arrest may be made on any
day , at any time of the day or
night (Sec.6)
ARREST
What are the modes of
effecting arrest?
1.By an actual restraint of
the person to be arrested;
2.By his submission to the
custody of the person
making the arrest.
What are the conditions that must
occur for the issuance of warrant of
arrest?
1.Must personally evaluate the report and
supporting documents submitted by the
fiscal regarding the existence of probable
cause;
2. If on the basis thereof, he finds no
probable cause, he may disregard the report
and require the submission of supporting
affidavits of witnesses to aid him in arriving
at a conclusion as to the existence of
probable cause;
3.Must personally be satisfied that a
probable cause exists (Soliven v Makasiar,
G.R. No. L-82585, Nov. 14, 1988)
SECTION 3. DUTY OF ARRESTING OFFICER
A duly issued warrant authorizes the proper officer:

1. To make an arrest thereunder but also makes it his duty to carry out without delay
the commands thereof;

2. To deliver the person arrested to the nearest police station or jail without
unnecessary delay.

Section 4. Execution of warrant

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 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 reasons therefor.
WHAT IS WARRANT OF ARREST?
It is a legal process issued by a competent authority, directing the arrest of a person or persons upon the
grounds stated therein (Herrera, vol. IV, p. 345, 2007 ed.).