CLASS
NOTES
BY
RACHELLE
ANNE
GUTIERREZ
II.
CONTRAST:
Effective
life
of
a
search
warrant
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
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
Example:
o
CLASS
NOTES
BY
RACHELLE
ANNE
GUTIERREZ
III.
Section
5(c)
!
Escapee
perception
or
hearing.
II.
Section
5(b)
!
In
Hot
Pursuit
IV.
Other
instances
of
a
valid
warrantless
arrest
V.
Requisites
for
application
of
Section
5,
Rule
113
1. The
person
to
be
arrested
must
execute
an
overt
act.
o There
should
be
an
overt
act
indicating
that
he
has
committed,
is
actually
committing,
or
has
just
committed
a
crime.
2. Such
overt
act
was
done
or
committed
in
his
presence
or
within
the
view
of
the
arresting
officer.
People
v.
Laguio
o Facts:
SPO2
Vergel
De
Dios,
Rogelio
Anoble
and
a
certain
Arrelano
for
unlawful
possession
of
shabu.
Redentor
Teck
and
Joseph
Junio
were
identified
as
the
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.
(8a)
I.
Duty
of
an
officer
when
effecting
an
arrest
(Section
7
&
8)
Section
6.
Time
of
making
arrest.
An
arrest
may
be
made
on
any
day
and
at
any
time
of
the
day
or
night.
(6)
CLASS
NOTES
BY
RACHELLE
ANNE
GUTIERREZ
Section
9.
Method
of
arrest
by
private
person.
When
making
an
arrest,
a
private
person
shall
inform
the
person
to
be
arrested
of
the
intention
to
arrest
him
and
the
cause
of
the
arrest,
arrest.
(9a)
I.
Duty
of
a
private
citizen
when
effecting
an
arrest
o
o
o
CLASS
NOTES
BY
RACHELLE
ANNE
GUTIERREZ
B.
When
applied
C.
How
applied
If
the
penalty
for
the
offense
does
not
exceed
6
years,
Diversion
will
be
before
the
Barangay.
CLASS
NOTES
BY
RACHELLE
ANNE
GUTIERREZ