2011 Edition
*u%e 11+
A**EST
SECTION 1.Defniton o arres.– Arrest is the taking of a person into custody in order that he may be
bound to anser for the commission of an o!ense. "1#
Normally, an arrest happens afer preliminary invesgaon – the case is led in court, there would be a
warrant o arrest. Let’s go to some decided cases.
'&$(#) (his case srci nated in Lanao. (he o*ended party was ambushe d in Lanao, but he
survived. +ased on his descripon, there were around ! persons who staged the
ambush rom both sides o the hill. -owever, he could not recognie anyone o the !.
+ut he led a case against all ! ambushers, all /01-N 213#4. #o the court issued
warrant o arrest against the ! /0ohn 2oes4.
5##63) 5s the warrant o arrest valid7 $an a court issue a warrant o arrest against an un8nown
accused7
-3L2) N1. 5t is N1( valid. 5t is o the nature o a general warrant, one o a class o writs long
proscribed as unconstuonal and once anathemaed as totally subversive o the
liberty o the sub9ect. $learly violave o the constuonal in9uncon that warrants o
arrest should parcularly describe the person or persons to be seied. (he warrant as
against unidened sub9ects will be considered as null and void:
2eli8ado yan: 01-N 2137 3h 8ung a8o yung o*ended party; tawag a8ong pulis; 8ita 8o yung isang 8alaban 8o –
/&yan, isang 0ohn 2oe yan:4 Nalo8o na: 5magine, pic8ing up ! people7 &ccording to the $onstuon, the warrant
o arrest must parcularly describe the things to be seied or the person to be arrested.
-3L2) /&ny ob9econ involving a warrant o arrest or the procedu re in the acBuisi on o
9urisdicon over the person o an accused must be made beore he enters his plea,
otherwise, the ob9econ is deemed waived.4
-3L2) 1n the validity o the warrantless arrest, along with the corresponding search and
seiure, suEce it to say that any ob9econ regarding the regularity o an arrest must be
made beore the accused enters his plea; otherwise, the deect shall be deemed cured
by the voluntary submission by the accused to the 9urisdicon o the trial court.
SEC. $.Arres; how made.– An arrest is made by an actua% restraint of a person to be a rrested& or by his
submission to the custody of the person making the arrest.
No 'io%ence or unnecessary force sha%% be used in making an arrest. The person arrested sha%% not be
sub(ect to a greater restraint than is necessary for his deten)on. "$a#
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#o, instead o surrendering, he desisted and got his gun, he wanted to 8ill the arresng oEcer, then the
arresng oEcer may shoot him. (his is what we call shoot to kill . (his does not mean that you will shoot him the
rst me you see him. #hoong will be done only i it is necessary. 2o not interpret it literally that you have the
right to shoot him. 5t is only when necessary. (his is what you call in criminal law as “I acted in the fulllment of my
duty, which is an eGempng circumstance.
SEC. +. Duy o arrestng ocer. – It sha%% be the duty of the o4cer e5ecu)ng the arrant to arrest the
accused and de%i'er him to the nearest po%ice sta)on or (ai% ithout unnecessary de%ay. "+a#
SEC. 3. Executon o warran.– The head of the o4ce to hom the arrant of arrest as de%i'ered for
e5ecu)on sha%% cause the arrant to be e5ecuted ithin ten "16# days from its receipt. 7ithin ten "16# days
a8er the e5pira)on of the period& the o4cer to hom it as assigned for e5ecu)on sha%% make a report to
the (udge ho issued the arrant. In case of his fai%ure to e5ecute the arrant& he sha%% state the reason
therefore. "3a#
Hhen this provision C#econ @D came out in "I!, it created a lot o conusion. #ome say the lieme o a
warrant o arrest is only ten CD days because the law says, /he shall cause the warrant to be eGecuted within ten
CD days rom its receipt.4 &nd then the law says, /Hithin ten CD days afer eGpiraon o the period.4 #o some
said, < days.
-3L2) ;No period is provided or the enorceability o warrants o arrest, and although within
ten days rom the delivery o the warrant o arrest or eGecuon a return thereon must
be made to the issui ng 9udge, said warr ant does not beco me functus o!cio but is
enorceable indenitely unl the same is enorced or recalled.4
$ompare that with search warrant. 6nder %ule <>, #econ , a search warrant shall be valid or ten CD days
rom it date. (hereafer, it shall be void. 5yan: laro yan: 1nly days pag search warrant.
-3L2) &ccusedMappellant claims that his arrest at the 3ast &venue Fedical $enter on Fay @,
""> was made without a warrant. (his is not true. -e was arrested by virtue o a
warrant issued by the court on &pril <=, ""!. -owever, as the records show, the
warrant o arrest was returned unserved by the arresng oEcer on 0une =, ""! as
accusedMappellant could not be ound. -e was nally ound only on Fay @, "">. Now,
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no alias warrant o arrest is needed to ma8e the arrest. 6nless specically provided in
the warrant, the same remains enorceable unl itis eGecuted, recalled or Buashed. (he
tenMday period provided in %ule K, @ is only a direcve to the oEcer eGecung the
warrant to ma8e a return to the court.
&t any rate, accusedMappellant must be deemed to have waived his right to ob9ect
thereto because he ailed to move or the Buashal o the inormaon beore the trial
court, entered a plea o not guilty and parcipated in the trial. &s this $ourt has held,
any ob9econ involving a warrant o arrest or procedure in the acBuision by the court
o 9urisdicon over the person o an accused must be made beore he enters his plea,
otherwise the ob9econ is deemed waived.
5##63) H1N a pending re soluon o a peon or review led with the #ecr etary o 0usce
concerning a nding o probable cause will suspend the proceedings in the trial court,
including the implementaon o a warrant o arrest7
-3L2) N1. (he uncon o the 9udge to issue a warrant o arrest upon the determinaon o
probable cause is eGclusive; thus, the conseBuent implementaon o a warrant o arrest
cannot be deerred pending the resoluon o a peon or review by the #ecretary o
0usce as to the nding o probable cause, a uncon that is eGecuve in nature. (o deer
the implementaon o the warrant o arrest would be an encroachment on the eGclusive
prerogave o the 9udge.
SEC. <.Arres wihou warran; when lawul.– A peace o4cer or a pri'ate person may& ithout a arrant&
arrest a person=
"a# 7hen& in his presence& the person to be arrested has commi>ed& is actua%%y commi?ng& or is
a>emp)ng to commit an o!ense@
"b# 7hen an o!ense has (ust been commi>ed and he has probab%e cause to be%ie'e based on persona%
kno%edge of facts or circumstances that the person to be arrested has commi>ed it@ and
"c# 7hen the person to be arrested is a prisoner ho has escaped from a pena% estab%ishment or p%ace
here he is ser'ing na% (udgment or is temporari%y conned hi%e his case is pending& or has escaped hi%e
being transferred from one connement to another.
In cases fa%%ing under paragraphs "a# and "b# abo'e& the person arrested ithout a arrant sha%% be
forthith de%i'ered to the nearest po%ice sta)on or (ai% and sha%% be proceeded against in accordance ith
sec)on B of *u%e 11$. "<a#
(he most important secon in %ule K is #econ ! – Harrantless arrest. (a8e note that a person authoried to
ma8e a warrantless arrest is only a peace oEcer but it could also be a private person – called by some people as
ci"en#s arrest.
5 9ust read in yesterday’s news about a man in +ataan who made a cien’s arrest because he got a report that
some people in the +5% were eGtorng money rom orean businessmen there. #omebody told him about it that
yung liability ng orean mababaan pero magMlagay 8a. #o this private person arrested the +5% people or a
commiOng a crime – eGtoron: -e eGercised his right under #econ !. -e said that his reason was, 5 want these
oreign businessmen to pay the correct amount o taGes. Fau 8ani ang mga tao nga civicMspirited: Puapo ang
rason: &nd he eGercised his right under #econ !.
#econ ! is also the situaon in %ule <, #econ = on 5NQ63#( preliminary invesgaon. Hhen may a case be
led in court without a preliminary invesgaon rst conducted7 5to man ba – #econ ! – when a person is
arrested without a warrant.
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Now, there are three CKD instances menoned in #econ ! or a valid warrantless arrest) ?aA, ?bA and ?cA. (he
most amous is the rst two – ?aA and ?bA. (he third one ?cA is not really complicated – when a person being arrested
is an escapee – di na 8ailangan ang warrant, hulihin mo na lang yan:
-3L2) &s a rule, an arrest is considered legimate ie*ected with a valid warrant o arrest. (he
%ules o $ourt, however, recognies permissible warrantless arrests. (hus, a peace
oEcer or a private person may, without warrant, arrest a person) CaD when, in his
presence, the person to be arrested has commiRed, is actually commiOng, or is
aRempng to commit an o*ense Carrest in $agrante delictoD; CbD when an o*ense has
9ust been commiRed and he has probable cause to believe based on personal 8nowledge
o acts or circumstances that the person to be arrested has commiRed it Carrest e*ected
in hot pursuitD; and CcD when the person to be arrested is a prisoner who has escaped
rom a penal establishment or a place where he is serving nal 9udgment or is
temporarily conned while his case is pending, or has escaped while being transerred
rom one connement to another Carrest o escaped prisonersD.
(he most controversial are the rst two) ?aA and ?bA. &nd ?bA is more controversial than ?aA. He can call
paragraph ?aA as arrestin$agrante delicto. Jaragraph ?bA, they call ithot pursuit arrest.
-3L2) /(o hold that no criminal can, in any case, be arrested and searched or the evidence and
to8ens o his crime without a warrant, would be to leave society, to a large eGtent, at the
mercy o the shrewdest, the most eGpert, and the most depraved o criminals,
acilitang their escape in many instances.4 ?#o, it would be a worse situaon wherein
you cannot do anything precisely because you have no warrant. #omething is wrong
there.A
"a# 7hen& in his presence& the person to be arrested has commi>ed& is actua%%y commi?ng& or is a>emp)ng
to commit an o!ense@
laro yan, sa harap mo: aya nga in $agrante delicto arrest. &nd when you say “in his presence, 8ailangan ba
talagang right in ront o you7 -alimbawa, mga meters away7
Now, there was a case in Lanao del Norte when this provision came out in "I!. (here was a barangay esta
somewhere. (here were many people and there was a policeman. &ll o a sudden, may sigawan, “AAA%%& AA%&
(a8bo ang pulis. (hen he saw on the street somebody down, lying on the ground with blood. &nd running away was
somebody with a 8nie. “'un&'un ang nagsaksak&
Joliceman) “(a man nako nakita, hindi ako makaaresto& Fy golly: (here’s something wrong with this
policeman. -indi man 8ailangan na literal na na8ita mo ang pagsa8sa8: Hhen 5 heard about the case, there is
something wrong with this policeman. #abi niya, “under the law, )in his presence#, eh pag dang ko, tapos na eh.
%indi ko nakita&
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-3L2) /&n o*ense is commiRed in the presence or in the view o an oEcer within the meaning
o the rule authoriing an arrest without a warrant when an oEcer sees the o*ense
although at a distance, or hears the disturbance or disturbances created thereby and
proceeds at once to the scene o the crime.4
#o, 8ahit hindi niya na8ita, when he hears the disturbance, punta siya 8aagad – sll, within the meaning o this
rule, and covered by paragraph ?aA.
'&$(#) (he 5ntelligence #econ o the Jrov. 1Ece o the Ft. Jrovince received the inormaon
someme in Fay <, and accusedMappellant was arrested without a warrant during
the police raid at the plantaon at Ft. $huryon, #adanga, only on K &ugust < afer a
series o validaons conducted by the team to veriy or conrm the report that indeed a
mari9uana plantaon eGisted at the area and afer an operaon plan was ormed. Hhen
the arresng team proceeded to the mari9uana plantaon they saw the accused
personally cuOng and gathering mari9uana plants. (he accused assails his convicon or
being improper and illegal and asserts that the court a Buo never acBuired 9urisdicon
over his person because he was arrested without a warrant and that his warrantless
arrest was not done under any o the circumstances enumerated in #econ !, %ule K
o the "I! %ules o $ourt. -e insists that the arresng oEcers had three months within
which to secure a warrant rom the me they received the inormaon about an eGisng
mari9uana plantaon unl they e*ected his arrest. -e also maintains that the ailure to
secure a warrant can never be 9used by the urgency o the situaon.
-3L2) S3#. #econ !CaD provides that a peace oEc er or a private person may, without a
warrant, arrest a person when, in his presence, the person to be arrested has
commiRed, is actually commiOng, or is aRempng to commit, an o*ense. #econ !CaD
reers to arrest in Tagrante delicto. 5n Tagrante delicto means caught in the act o
commiOng a crime. (his rule, which warrants the arrest o a person without warrant,
reBuires that the person arrested has 9ust commiRed a crime, or is commiOng it, or is
about to commit an o*ense, in the presence or within view o the arresng oEcer.
5n this case, when the arresng team proceeded to the mari9uana plantaon they saw
the accused personally cuOng and gathering mari9uana plants. (hus, accused’s arrest on
was legal, because he was caught in Tagrante delicto; that is, the persons arrested were
commiOng a crime in the presence o the arresng oEcers.
(he $ourt held that when a police oEcer sees the o*ense, although at a distance, or
hears the disturbances created thereby, and proceeds at once to the scene thereo, he
may e*ect an arrest without a warrant on the basis o #ec. !, par. CaD, %ule K o the
%ules o $ourt as the o*ense is deemed commiRed in his presence or within his view. 5n
essence, #ec. !, par. CaD, %ule K, reBuires that the accused be caught in Tagrante
delicto or caught in the act o commiOng a crime.
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(he $ourt held that any ob9econ involving a warrant o arrest or the procedure or the
acBuision by the court o 9urisdicon over the person o the accused must be made
beore he enters his plea; otherwise, the ob9econ is deemed waived.
-istory o #econ ! ?bA) (his paragraph ?bA is the one which 8eeps on changing. (he srcinal language in the
">@ %ules is “when there is reasona+le ground to +elieve that the person to +e arrested has commied the crime
which is a very controversial phrase – reasona+le ground to +elieve – but the crime is not commiRed in your
presence.
(hey amended it in "I!, 9ust immediately beore this amendment, “when an o-ense has ust +een
commied, and the arresng o!cer has personal knowledge of facts indicang that the person to +e arrested has
commied it. #abihin nan, what is the di*erence between ?aA and ?bA7 – because in ?aA the crime is commied in
your presence, the person to +e arrested has commied, or is actually commi/ng, di ba personal 8nowledge man
din yun7 Hhat is ?bA7 &ctually in ?bA, the phr ase “personal knowledge does not mean you saw the crime,
otherwise it will be in ?aA alread y. 5t is personal 8nowledge, not on what crime was commiRed, but o acts
indicang that the person to be arrested has commiRed it. &nd what does that mean7 5n the case o
-3L2) /Jersonal 8nowledge o acts in arrests without warrants must be based upon probable
cause which means an actual belie or reasonable grounds o suspicion. & reasonable
suspicion must be ounded upon probable cause coupled with good aith on the part o
the peace oEcers ma8ing the arrest.4
-3L2) Jersonal 8nowledgeU o acts in arrests without warrant under #econ ! CbD o %ule K
must be based upon Uprobable causeU which means an Uactual belie or reasonable
grounds o suspicion.U (he grounds o suspicion are reasonable when, in the absence o
actual belie o the arresng oEcers, the suspicion that the person to be arrested is
probably guilty o commiOng the o*ense, is based on actual acts, i.e., supported by
circumstances suEciently strong in themselves to create the probable cause o guilt o
the person to be arrested. & reasonable suspicion thereore must be ounded on
probable cause, coupled with good aith on the part o the peace oEcers ma8ing the
arrest.
San lang: #o it is not really that you saw it, but it is based upon probable cause which means an actual belie or
reasonable grounds o suspicion that is ounded on probable cause coupled with good aith on the part o the
peace oEcers.
-3L2) (he Bueson is whether these cases all under paragraph CbD because the police oEcers
had personal 8nowledge o acts and circumstances that would lead them to believe that
accusedMappellant had 9ust commiRed a crime. (he phrase /personal 8nowledge4 in
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paragraph CbD has been dened in this wise) Jersonal 8nowledge o acts in arrests
without a warrant under #econ !CbD o %ule K must be based upon /probable cause4
which means /an actual belie or reasonable grounds o suspicion.4 (he grounds o
suspicion are reasonable when, in the absence o actual belie o the arresng oEcers,
the suspicion that the person to be arrested is probably guilty o commiOng the o*ense
is based on actual acts, i.e., supported by circumstances suEciently strong in
themselves to create the probable cause o guilt o the person to be arrested. &
reasonable suspicion thereore must be ounded on probable cause, coupled with good
aith on the part o the peace oEcer ma8ing the arrest. CJosadas vs. 1mbudsman K@
#$%& KIID
(hat’s why when 5 read the eGplanaon 5 thin8 there is no di*erence between this and the prior rule because
the ">@ %ules is “ 0easona+le ground4, the "I! %ules is “pro+a+le cause +ased on reasona+le suspicion – di ba
ganun din7 &nd maybe the #$ elt that there is no di*erence between the >@ and I! %ules, they came now with
another change in phraseology – “when an o-ense has ust +een commied and he has pro+a+le cause to +elieve
+ased on personal knowledge of facts or circumstances that the person to +e arrested has commied it. #o my
conclusion, the language now is a combinaon o the ’>@and ’I! %ules but they mean the same.
Now, this is one o the hardest areas in %ule K because there might be a problem – ganito ang nangyari)
ganito, ganyan, ganun. &nd then, “was there a valid warrantless arrest* +oth sides can be deended eh based on
this guideline) you could be literal or you could beliberal. 5 you are literal, patayang arresng oEcer – there is not
valid arrest. +ut i you are liberal, the oEcers have perormed his duty properly.
(hat is why my advise in this aspect is this) read as many cases that you 8now about this issue because chances
are when the eGaminer will compose a problem based on this, he will really paRern it afer one case otherwise he
will be lost also along the way. #o, mas marami 8ang nabasa, mas madaling ma8ilala, “1y& Ito mang yung case ni
ganito& Feaning, chances are maunawaan mo. #o the more cases you read, the beRer. (he best is to loo8 or the
case which is closest as possible to the acts o the problem. &lright. Let’s go over the cases.
5##63) 5n case o doubt , to whom it should be resolv ed7 in avor o the arresng oEcer or
against him the accused7
-3L2) (he doubt should be resolved against the peace oEcer because it is the constuonal
right o a person not to be arrested without a warrant but in some instances, he can be
arrested without a warrant. #o in case o doubt, you always interpret the rule in avor
the general rule, not in avor o the eGcepon.
/(he right o a person to be secured against any unreasonable seiure o his body and
any deprivaon o his liberty is a most basic and undamental one. (he statute or rule
which allows eGcepons to the reBuirement o warrants o arrest is strictly construed.
&ny eGcepon must clearly all within the situaons when securing a warrant would be
absurd or is maniestly unnecessary as provided by the %ule. He cannot libera lly
construe the rule on arrest without warrant or eGtend its applicaon beyond the cases
specically provided by law. (o do so would inringe upon personal liberty and set bac8 a
basic right so ofen violated and so deserving o ull protecon.4
'&$(#) &n inormaon apprised some police oEcers o the presence o a drug pusher in the
corner o Krd %ial #treet, 1longapo $ity. &ctually, they were poinng to a cigareRe
vendor – a woman selling cigareRe. &cng on such inormaon, and in the presence o
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the police oEcers, the superior oEcer gave the inormant mar8ed money. &fer to !
minutes the inormant turned over to them two sc8s o mari9uana. (he inormant was
given mar8ed money to purchase again. -e returned with another two sc8s o
mari9uana. (he police then e*ected the arrest o the woman.
5##63) Has the arrest valid7 2id they act on personal 8nowledge7 2id they see the inormant
buy the mari9uana7
-3L2) Harrantless arrest is V&L52. /'rom the above ac ts, it may be concluded that the
arresng police oEcers had personal 8nowledge o acts implicang the appellant with
the sale o mari9uana to the inormantMposeur buyer. He hold thereore that the arrest
was legal and the conseBuent search which yielded < sc8s o mari9uana was lawul or
being incident to a valid arrest.4
/(he obligaon to ma8e an arrest by reason o a crime does not presuppose as a
necessary reBuisite or the ulllment thereo the indubitable eGistence o a crime.4
Feaning, it is necessary that the authority ma8ing the arrest has reasonably suEcient
grounds to believe the eGistence o an act having the characteriscs o a crime and that
the same grounds eGist to believe that the person sought to be detained parcipated
therein. 5t was already personal 8nowledge and it was construed in avor o warrantless
arrest.
5n N&W&%3N1 vs. #(&(51N $1FF&N23% CI= #$%& K<D, one o the companion cases in 6mil vs. %amos, the
#$ interpreted the phrase “crime has ust +een commied.-ow sure is 9ust and how recent7
'&$(#) 5n the early morning o 2ecember @, "II, one %omulo +unye 55 was 8illed by a group
o men in &labang, Funnlupa, FF. 1ne o the suspects in the 8illing was %amil %egala
who was arrested by the polic e on 2ecember <I, "II Ctwo wee8s laterD. 6pon
Buesoning, %egala pointed to Naareno as one o his companions in the 8illing. 5n view
thereo, the police, without a warrant, pic8ed up Naareno and brought him to the
police headBuarters or custody.
5##63) Has the arrest valid7 Hhen an o*ense has 9ust been commiRed. Hhat is “ust +een
commied7 hour ago7 ! hours ago7 <@ hours ago7 -ow soon was /9ust47
-3L2) 5t was a V&L52 warrantless arrest./3vidently, the arrest o Naareno was e*ected by the
police without warrant pursuant to #ec. ! CbD, %ule K, %ules o $ourt afer he was
posively implicated by his coMaccused %amil %egala in the 8illing o %omulo +unye 55;
and afer invesgaon by the police authories. &s held in 2eople vs. Ancheta:
/(he obligaon o an agent o authority to ma8e an arrest by reason o a crime, does not
presuppose as a necessary reBuisite or the ulllment thereo, the indubitable eGistence
o a crime. 'or the detenon to be perectly legal, it is suEcient that the agent or person
in authority ma8ing the arrest has reasonably suEcient grounds to believe the eGistence
o an act having the characteriscs o a crime and that the same grounds eGist to believe
that the person sought to be detained parcipated therein.4
3usce #armiento dissented because < wee8s cannot be considered as X9ust been commiRed,’ /Harrantless
arrest may be eGercised only in most urgent cases and when the guilt o the o*enderis plain and evident.4
,EO,0E vs. CENAFA
" #$%& !KI
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'&$(#) & person was 8illed and based on polic e sources, the 8iller is $endaYa. Hithout a
warrant, they arrested the suspect.
-3L2) (he accused was arrested one day afer the 8illing o the vicm and only on the basis o
the inormaon obtained by the police oEcer. (he above circumstances clearly show
that there was a valid warrantless arrest.
'&$(#) & cadaver was ound in Jalasan $emetery in Valenuela, FF. 5t was believed that a
group o addicts 8illed the unidened person. (he ollowing day, while %onald &lvare,
and two o his riends, were having their conversaon. &lvare was bragging about how
he 8illed the vicm. (he ather o &lvare, a rered policeman, overheard them and
went to the police staon and told the police) /5 thin8 you beRer arrest my son:4 1n the
basis o his inormaon, the policemen when to the house o the accused and without a
warrant arrested the young &lvare.
5##63) Hhether or not there was perso nal 8nowledge so as to ma8e the warrantless arrest
lawul.
-3L2) Harrantless arrest was V&L52. /6nd er %ule K, #econ > o the ">@ $rim inal
Jrocedure, a warrantless arrest can be e*ected by a peace oEcer or private person
when an o*ense has, in act, been commiRed and said peace oEcer or private person
has reasonable ground to believe that the person to be arrested has commiRed it.4
/5n the instant case, it was the elder &lvare who iniated the arrest a day afer the
crime was commiRed. -aving been once a policeman, he may be said to have been
eBuipped with 8nowledge o crime detecon. &nd having had the opportunity to
observe the conduct o the three accused, who were at his house the whole day
ollowing the commission, it is logical to iner that his act o going to the polic e,
inorming them that three accused were the perpetrators o the crime and even etching
them to ma8e the arrest sprang rom a wellMgrounded belie that a crime had been
commiRed and that accused had commiRed it. 5n this regard, the arrests without a
warrant were validly e*ected.4
'&$(#) 5n the evening o &pril <K, "II, Jantaleon 'rancisco was tendering his sariMsari store.&t
about )K p.m., accused 0avier and &llied came to his store and ordered our boRles o
beer. &ccused +riones arrived and was o*ered beer, but he declined and lef. &fer about
K minutes, 0avier and &llied also lef the store.
&bout I meters away rom J. 'rancisco’s store was the house o spouses 'elicisimo and
'lorencia Puerre, at the ground Toor o which was also a store. &t the street near the
store was a MwaR electric bulb. Hhen all his customers had lef, J. 'rancisco closed
his store. Not long afer, he heard the bar8ing o dogs rom the Puerre residence.
'eeling that something untoward was ta8ing place, he went out o his store, and rom
there, he saw +riones, 0avier and &llied mauling 'lorencia Puerre who was lying
prostrate on the ground. (he three later dragged Frs. Puerre inside her house and
closed the door.
5n the morning o &pril <@, "II, J. 'rancisco went to the house o the Puerrees. -e
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ound it in disarray, with the spouses sprawled dead on the rst Toor. -e then inormed
the $hie o Jolice o the incident and a team o invesgators proceeded to the scene o
the crime. #ubseBuently, the culprits were apprehended on separate occasions.
-3L2) (he arrest was unlawul srcinally but it was cured. /5t is uneBuivocally clearthat no valid
arrest was made on the accusedMappellants, the arrest having been made without any
warrant at all. Neither can the appellantsZ arrest Bualiy as a lawul arrest without a
warrant under #ec. ! CbD o %ule K o the %ules on $riminal Jrocedure because the
police oEcer who e*ected the arrest indubitably had no personal 8nowledge o acts
indicang that the person to be arrested has commiRed the crime. 5t is eyewitnesses
'rancisco who had such personal 8nowledge. 5n sum, thereore, the warrantless arrest o
the appellants is illegal.4
/Nevertheless, such unavailing technicality cannot render all the other proceedings,
including the convicon o the accused, void. 5t cannot deprive the state o its right to
convict the guilty when all the acts on record point to their culpability. 5n this regard,
the case o e Asis '. *omero , @ #$%& <K! nds applicaon. (hus, X1ne o the most
important o these seRled rules is that any ob9econ to the procedure ollowed in the
maRer o the acBuision by a court o 9urisdicon over the person o the accused must
be opportunely raised beore he enters his plea, otherwise the ob9econ is deemed
waived.’4
/5mmediately afer their arrest, accused +riones and 0avier could have ob9ected to the
legality thereo due to the ailure o the police oEcer to secure rst a warrant or their
arrest. Not only that, without having Buesoned the legality o their arrest, they even
pleaded, on arraignment, to the inormaon led against them. &ccused’s acts
constute a clear waiver o their right against unlawul restraint o liberty. +esides, it
would be impraccal, i not ridiculous to order the court a Buo to set the appellants ree
then issue a warrant or their arrest, and try them all over again when appellants
themselves have waived their right to ob9ect to such irregularity and when their
convicon is truly based on overwhelming evidence.4
'&$(#) 1n &pril <!, "II, at around >) a.m., the 2umaguete $ity Jolice #taon, received a
report that there was a lieless body ound in the crossing. (he deceased, who bore stab
wounds all over his body, was later idened as 3ren 'lores, son o the 2eputy #taon
$ommander o the 2umaguete $ity Jolice 'orce. (hat same morning, a police oEcer,
Jatrolman Halter Leguarda, went to the scene o the crime and conducted an
invesgaon. -is invesgaon revealed that the assailant was certain &bdul (onog o
Negros 1riental. (he police invesgator based his conclusion principally rom the
inormaon given to him by one Liberato#olamillo. -e was also inormed by the
girlriend o (onog’s coMaccused that prior to the stabbing incident, there were grudges
between 'lores and (onog.
5n the afernoon o that same day, the police invesgator, together with other police
operaves oEcer, without a warrant, proceeded to Negros 1riental, to loo8 or (onog,
who, upon being invited or Buesoning, voluntarily went with the law enorcers to the
police staon, unaccompanied by counsel.
1n their way to the police staon, one o the policemen noced the presence o blood
stains on the pants o the accused. when as8ed where the stains came rom, the laRer
allegedly answered that they were blood stains rom a pig. (his pants was submiRed or
eGaminaon at the J$[5NJ $rime Laboratory. &t the police staon, the accused cried and
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loo8ed or the #taon $ommander. -e then conessed to the 15$ o the police staon,
which conession was not recorded nor reduced to wring. #ubseBuently, (onog, along
with three others, was charged with murder. &fer trial, the court a Buo re9ected the
eGtraM9udicial conession o the accused as the laRer was not represented by counsel and
because the same had not been reduced to wring. Nonetheless, on the basis o
circumstanal evidence, it rendered a 9udgment o convicon.
-3L2) Harrantless arrest was V&L52. /Hhile it is true that the police oEcers were not armed
with a warrant when they apprehended accused, the warrantless arrest, however, was
9used under #econ !CbD, %ule KK o the "I! %ules o $riminal Jrocedure providing
that a peace oEcer may, without a warrant, arrest a person Uwhen an o*enses has in
act 9ust been commiRed, and he has personal 8nowledge o acts indicang that the
person to be arrested has commiRed it.4
/5n this case, Jat. Leguarda, in e*ecng the arrest o &ccusedMappellant, had 8nowledge
o acts gathered by him personally in the course o his invesgaon indicang that
&ccusedMappellant was one o the perpetrators.4
'&$(#) 1n < 0uly "", 3ldon Faguan was driving his car along Hilso n #t., #an 0uan, Fetr o
Fanila, heading towards J. Puevarra #t. %olito Po entered Hilson #t., where it is a oneM
way street and started traveling in the opposite or UwrongU direcon. &t the corner o
Hilson and 0. &bad #antos #ts., Po’s and Faguan’s cars nearly bumped each other. Po
alighted rom his car, wal8ed over and shot Faguan inside his car. Po then boarded his
car and lef the scene. & security guard at a nearby restaurant was able to ta8e down
peonerZs car plate number. (he police arrived shortly thereafer at the scene o the
shoong and there retrieved an empty shell and one round o live ammunion or a
"mm caliber pistol. Vericaon at the Land (ransportaon 1Ece showed that the car
was registered to one 3lsa &ng Po, %olito’s wie.
(he ollowing day, the police returned to the scene o the shoong to nd out where the
suspect had come rom; they were inormed that Po had dined at $ravings +a8e #hop
shortly beore the shoong. (he police obtained a acsimile or impression o the credit
card used by Po rom the cashier o the ba8e shop. (he security guard o the ba8e shop
was shown a picture o peoner and he posively idened him as the same person
who had shot Faguan. -aving established that the assailant, the police launched a
manhunt or Po which was published in various naonal dailies all over the country.
1n I 0uly "" Cor > days afer the shoongD, Po presented himsel beore the #an 0uan
Jolice #taon to veriy news reports that he was being hunted by the police; he was
accompanied by two C<D lawyers. (he police orthwith detained him. &n eyewitness to
the shoong, who was at the police staon at that me, posively idened Po as the
gunman. (hat same day, the police promptly led a complaint or rustrated homicide
against Po with the 1Ece o the Jrovincial Jrosecutor o %ial. 'irst &ssistant Jrovincial
Jrosecutor inormed Po, in the presence o his lawyers, that he could avail himsel o his
right to preliminary invesgaon but that he must rst sign a waiver o the provisions o
&rcle <! o the %evised Jenal $ode. Po reused to eGecute any such waiver.
1n " 0uly "", while the complaint was sll with the prosecutor, and beo re an
inormaon could be led in court, the vicm, 3ldon Faguan, died o his gunshot
wounds. &ccordingly, on 0uly "", the prosecutor, instead o ling an inormaon or
rustrated homicide, led an inormaon or murder beore the %($. No bail was
recommended. &t the boRom o the inormaon, the Jrosecutor cered that no
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preliminary invesgaon had been conducted because the accused did not eGecute and
sign a waiver o the provisions o &rcle <! o the %evised Jenal $ode.
-3L2) (he warrantless arrest was N1( V&L52 because they did not see the 8illing. Po’s arrest
too8 place siG C>D days afer the shoong o Faguan. (he arresng oEcers obviously
were not present, within the meaning o #econ !?aA, at the me Po had allegedly shot
Faguan. Neither could the arrest e*ected siG C>D days afer the shoong be reasonably
regarded as e*ected Xwhen ?the shoong hadA in act 9ust been commiRed’ within the
meaning o #econ ! ?bA.4
/Foreover, none o the arresng oEcers had any Xpersonal 8nowledge’ o acts
indicang that Po was the gunman who had shot Faguan. (he inormaon upon which
the police acted had been derived rom statements made by alleged eyewitnesses to the
shoong MM one stated that Po was the gunman; another was able to ta8e down the
alleged gunmanZs carZs plate number which turned out to be registered in Po’s wieZs
name. (hat inormaon did not, however, constute /personal 8nowledge.4
'&$(#) %olando Fadriaga was arrested or selling mari9 uana in a buyMbust operaon in
$aloocan. Hhen as8ed by the police, Jat. Lechido, who acted as poseurMbuyer, where he
got the stu*, Fadriaga answered that the same came rom a certain 1rlando. Fadriaga
pointed to the police a man, standing some = to meters away rom where he was
apprehended, as the source o the stu*. (he man was then arrested. 'ound in his wallet
was the mar8ed JMbill. -owever, at the me o the arrest he was not selling mari9uana.
Hhen Bueried, the man answered that the money came rom the other accused, %oland
Fadriaga and that he got the money rom the man who gave his name as %olando
Jangilinan. 5n an inormaon led with the %($ o $aloocan $ity, accused %olando
Fadriaga and %olando Jangilinan were charged with the violaon o 2angerous 2rugs
&ct. &fer each o them entered a plea o not guilty during arraignment, trial on merits
ensued. &fer trial, the court a Buo promulgated a 9udgment o convicon. &ccused led
a noce o appeal.
5##63) Hhether or not the warrantless arresto both accused was valid.
-3L2) Harrantless arrest was V&L52. /(he arrest o both accused was validly e*ected under
paragraphs CaD and CbD, #econ !, %ule K o the %evised %ules o $ourt.
/&ccused %olando Fadriaga was arrested in $agrante delicto; he was apprehended
while in the act o giving the mari9uana to Jat. Lechido, the poseur buyer. &s such, his
arrest, e*ected pursuant to paragraph CaD o the aoresaid #econ !, was valid.
'urthermore, the search conducted on his person was li8ewise valid because it was
made as an incident to a valid arrest in accordance with #econ <, %ule <> o the
%evised %ules o $ourt.
/(he warrantless arrest o the other accused %olando Jangilinan alls under paragraph
CbD, #econ !, %ule K o the %evised %ules o $ourt. Jat. Lechido, as the poseur buyer
in the buy bust operaon, had personal 8nowledge that an o*ense – the sale to him by
Fadriaga o the mari9uana M had in act been commiRed. -e also had personal
8nowledge o acts indicang that Jangilinan was the source o the prohibited drug by
virtue o the inormaon given to him by Fadriaga to this e*ect. (hus, the arrest o
accused Jangilinan was li8ewise valid. $onseBuently, the search o JangilinanZs body
incident to his valid arrest was also valid. (he evidence obtained rom the search is,
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-3L2) Harrantless arrest N1( valid. /5t is interesng to note that the appellants were arrested
without a warrant despite the act that three days had elapsed rom the date o the
ambush to their arrest. (heir apprehension may accordingly not be considered as
9used by #econ !?bA o %ule K. 5 it were true that thee prosecuon witnesses were
able to ideny appellants during the ambush due to their disnguishing mar8s as they
claimed, it would have been easy or them to secure a 0ohn 2oe warrant using
appellant’s alleged /dis nguishing mar8s4 as their discripo personae which would
enable the arresng oEcer to serve the same inallibly.4
-3L2) & policeman cannot callously set aside his essenal duty o apprehending criminal
o*enders and o 8eeping peace and order on the shallow eGcuse that he is not in his
place o assignment. -is responsibility to protect the public by apprehending violators o
the law, especially one caughtin $agrante delicto is not limited by territorial constraints.
5t ollows him wherever he goes. Foreover, #ec. !, par. CaD, %ule K, o the %evised
%ules on $riminal Jrocedure authories a warrantless arrest, otherwise called a cienZs
arrest, Uwhen, in his presence, the person to +e arrested has commied, is actually
commi/ng, or is aempng to commit an o-ense .U (hus, although oEcially assigned in
+aguio $ity, Lt. &nchetaZs act o arresng accusedMappellant Cafer the laRer o*ered to
sell him mari9uana in #an 'ernando, La 6nionD is 9used not only by his duty as a law
enorcer but also by #ec. ! o %ule K, which authories instances o warrantless or
ciensZ arrests.
-3L2) Harrantless arrest not valid +6( the deect was cured when the case was led in court.
/(he srcinal warrantless arrest o the peoner was doubtless illegal. Nevertheless, the
%egional (rial $ourt lawully acBuired 9urisdicon over the person o the peoner by
virtue o the warrant o arrest it issued on &ugust <>, ""K against him and the other
accused in connecon with the rapeMslay cases. 5t was belated, to be sure, but it was
nonetheless legal.4
/3ven on the assumpon that no warrant was issued at all, we nd that the trial court
sll lawully acBuired 9urisdicon over the person o the peoner. (he rule is that i the
accused ob9ects to the 9urisdicon o the court over his person he may move to Buash
the inormaon, but only on that ground. 5, as in this case, the accused raises other
grounds in the moon to Buash, he is deemed to have waived that ob9econ and to have
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&ctually the same thing happened to one o my clients. -e was invited at the police staon. (here was an
invitaon leRer. 5 advised him not to accept the invitaon. #o he told the police oEcer, “I decline to accept the
invitaon. According to my lawyer, I have another party to aend to. Sun ang palusot niya: Fahirap itong ganitong
8lase ng invitaon. #abagay,ba8it 8a naman imbitahin dun7 JaramagMinuman dun7 Fy golly:
-3L2) /He held in 4anche" v. 5emetrio u that the ling o charges and the issuance o the
warrant o arrest against a person invalidly detained will cure the deect o that
detenon or at least deny him the right to be released because o such deect.4
-3L2) /(he 8illing too8 place at one oZcloc8 in the morning. (he arrest and the conseBuent
search and seiure came at around seven oZcloc8 that evening, some nineteen C"D hours
later. (his instance cannot come within the purview o a valid warrantless arrest. Hhile
Jatrolman Jere may have personally gathered the inormaon which led to the arrest
o Fanlulu, that is not enough. (he law reBuires Upersonal 8nowledge.U 1bviously,
Upersonal gathering o inormaonU is di*erent rom Upersonal 8nowledge.U (he rule
reBuires that the arrest immediately ollows the commission o the o*ense, not some
nineteen C"D hours later.4
-3L2) Harrantless arrest N1( valid. /(he appellant was pic8ed up on 'ebruary "I= by
military men in Jangasinan without a warrant or his arrest. #ince the crimes with which
the appellant was charged were allegedly commiRed on > #eptember "I> or more than
ve months earlier, no arrest without a warrant could have been legally and validly
e*ected.4
-3L2) /(he evidenary measure or the propriety o ling criminal charges and, correlavely,
or e*ecng a warrantless arrest, has been reduced and liberalied. 5n the past, our
statutory rules and 9urisprudence reBuired prima facie evidence, which was o a higher
degree or Buantum. (hose problems and conusing concepts were claried and set
aright by the "I! amendment o the %ules o $ourt which provides in %ule < thereo
that the Buantum o evidence reBuired in preliminary invesgaon is such evidence as
suEces to /engender a well ounded belie4 as to the act o the commission o a crime
and the respondentZs probable guilt thereo. 5t should, thereore, be in that sense,
wherein the right to e*ect a warrantless arrest should be considered as legally
authoried.4
5n the case o 6onlla, the standard o the scal to le a case is probable cause. #o to e*ect a warrantless
arrest, pareho din – probable cause: 6nli8e beore, it is prima facie – ibayan: (hat is a higher degree. &lam mo ba
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AI S A**OO
P.%. No. =K">C5avid et al.D
-3L2) (he $onstuon provides that Uthe right o the people to be secured in their persons,
houses, papers and e*ects against unreasonable search and seiure o whatever nature
and or any purpose shall be inviolable, and no search warrant orarrant of arrest shall
issue eGcept upon probable cause to be determined personally by the 9udge afer
eGaminaon under oath or aErmaon o the complainant and the witnesses he may
produce, and parcularly describing the place to be searched and the persons or things
to be seied.U(he plain import o the language o the $onstuon is that searches,
seiures and arrests are norma%%y unreasonable unless authoried by a validly issued
search warrant or warrant o arrest. (hus, the undamental protecon given by this
provision is that between person and police must stand the protecve authority o a
magistrate clothed with power to issue or reuse to issue search warrants or warrants o
arrest.
5n the +rie &ccount submiRed by peoner 2avid, certain acts are established) rst, he
was arrested without warrant; second, the JNJ operaves arrested him on the basis o
JJ =; third, he was brought at $amp aringal, Queon $ity where he was
ngerprinted, photographed and boo8ed li8e a criminal suspect; fourth,he was treated
brusBuely by policemen who Uheld his head and tried to push himU inside an unmar8ed
car; 8h, he was charged with Violaon o atas ,ambansai%ang No. HH6 and Inci)ng
to Sedi)on ; si9th, he was detained or seven C=D hours; and seventh,he was eventually
released or insuEciency o evidence.
Now there are instances where there could be a valid warrantless arrest in addion to #econ ! o %ule K.
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#o i you are out on bail, your bondsman becomes your 9ailer in the eyes o the law. ung ayaw na niya sa iyo
and he wants to give up the responsibility o watching over you, he can arrest you without a warrant and surrender
you to the court, “>ahala na kayo sa kanya. Ayoko na&&nd he will be released rom responsibility.
/&n accused released on bail may be reMarrested without the necessity o a warrant i he aRempts to depart
rom the Jhilippines without permission o the court where the case is pending.4
#o, accused 8a out on bail, and then merong nmagsabi, “6agpuntang a+road, mag?tour. Jwede 8ang hulihin
niyan ba without a warrant because you aRempted to leave the country without the permission o the court where
you case is pending. 5 thin8 that is the reason why they hurry up the ling o the cases against 3strada. JagMnaMle
na, hindi 8a bastaMbasta ma8alipad.
SEC. B.ime o ma!ing arres.– An arrest may be made on any day and at any )me of the day or night. "B#
(his is selMeGplanatory. (here is nothing in the law which says you can only do the arrest in the day me. Sou
can do it during oEce hours. 5t can be done at any me or any day, depending upon the situaon.
SEC. ."ehod o arres by ocer by virue o warran. – 7hen making an arrest by 'irtue of a arrant&
the o4cer sha%% inform the person to be arrested of the cause of the arrest and the fact that a arrant has
been issued for his arrest& e5cept hen he Jees or forcib%y resists before the o4cer has opportunity to so
inform him& or hen the gi'ing of such informa)on i%% imperi% the arrest. The o4cer need not ha'e the
arrant in his possession at the )me of the arrest but a8er the arrest& if the person arrested so reKuires& the
arrant sha%% be shon to him as soon as prac)cab%e. "a#
Q: -ow about the warrant7 5s it necessary that the arresng oEcer must have with him the warrant and show
it to the arrestee at the me o the ma8ing the arrest7
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&) N1. (he oEcer need not have the warrant in his possession at the me o the arrest but afer the arrest, i
the person arrested so reBuires, the warrant shall be shown to him as soon as praccable.
/A00A*I 's. CA
C2ecember ", "">D
-3L2) (his is not a cas e o a warrantless arrest but merely an instance o an arrest e*ected by
the police authories without having the warrant in their possession at that precise
moment. 'inding as it does, this $our t deems it unnecessary to delve into the
applicability o #econ !, %ule K o the %ules o $ourt and on the merits o both the
peoner’s and the 1Ece o the #olicitor Peneral’s arguments with respect thereto.
(he applicable provision is not #econ !, %ule I o the %ules o $ourt on warrantless
arrests, but #econ =, %ule K.
Q: Hhen an oEcer is ma8ing an arrest by virtue o a warrant, how will he e*ect the arrest7
A: (he P3N3%&L %6L3 is) the oEcer must inorm the person to be arrested o
@. the cause o the arrest;and
. the act that a warrant has been issue or his arrest.
3]$3J(51N#) 5n the ollowing instances, the ailure o the arresng oEcer to inorm the arrestee o the above
is eGcusable)
@. when the person to be arrested Tees; or
. when the person to be arrested orcibly resists beore the oEcer has opportunity to so inorm him o the
cause o his arrest and o the act that the a warrant has been issued or is arrest; or
B. when the giving o such inormaon will imperil the arrest.
SEC. H. "ehod o arres by ocer wihou warran. – 7hen making an arrest ithout a arrant& the
o4cer sha%% inform the person to be arrested of his authority and the cause of the arrest& un%ess the %a>er is
either engaged in the commission of an o!ense& is pursued immediate%y a8er its commission& has escaped&
Jees& or forcib%y resists before the o4cer has opportunity to so inform him& or hen the gi'ing of such
informa)on i%% imperi% the arrest. "Ha#
3]$3J(51N) in the ollowing instances, the oEcer’s ailure to apprise the arrestee o his authority and the
cause o the arrest, is 9used)
1. when the person to be arrested is then engaged in the commission o an o*ense;
2. when the person to be arrested is pursued immediately afer its commission;
3. when the person to be arrested is pursued immediately afer escape;
4. when the person to be arrested Tees;
5. when the person to be arrested orcibly resists beore the oEcer has opportunity to so inorm him;
6. when the giving o such inormaon will imperil the arrest.
-3L2) (he $ourt, as guardian o the rights o the people lays down the procedure, guidelines
and dues which the arresng, detaining, inving, or invesgang oEcer or his
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companions must do and observe at the me o ma8ing an arrest and again at and
during the me o the custodial interrogaon in accordance with the $onstuon,
9urisprudence and %epublic &ct No. =@KI. 5t is highMme to educate our lawMenorcement
agencies who neglect either by ignorance or indi*erence the soMcalled Firanda rights
which had become insuEcient and which the $ourt must update in the light o new legal
developments)
. (he pers on arre sted, detained, invited or under cus todial invesgaon must be
inormed in a language 8nown to and understood by him o the reason or the arrest
and he must be shown the warrant o arrest, i any; 3very other warnings,
inormaon or communicaon must be in a language 8nown to and understood by
said person;
<. -e must be warned that he has a rig ht to remain silent and that any statement he
ma8es may be used as evidence against him;
K. -e must be inormed that he has the right to be assisted at all mes and have the
presence o an independent and competent lawyer, preerably o his own choice;
@. -e must be ino rmed that i he has no law yer or cannot a*ord the ser vices o a
lawyer, one will be provided or him; and that a lawyer may also be engaged by any
person in his behal, or may be appointed by the court upon peon o the person
arrested or one acng in his behal;
!. (hat whether or not the person arrested has a lawyer, he must be inormed that no
custodial invesgaon in any orm shall be conducted eGcept in the presence o his
counsel or afer a valid waiver has been made;
>. (he person arr ested must be inormed tha t, at any me, he has the right to
communicate or coner by the most eGpedient means – telephone, radio, leRer or
messenger – with his lawyer Ceither retained or appointedD, any member o his
immediate amily, or any medical doctor, priest or minister chosen by him or by any
one rom his immediate amily or by his counsel, or be visited by[coner with duly
accredited naonal or internaonal nonMgovernment organiaon. 5t shall be the
responsibility o the oEcer to ensure that this is accomplished;
=. -e must be inormed that he has the right to waive any o said rights provided it is
made voluntarily, 8nowingly and intelligently and ensure that he understood the
same;
I. 5n addion, i the person arrested waives his right to a lawyer, he must be inormed
that it must be done in wring &N2 in the presence o counsel, otherwise, he must
be warned that the waiver is void even i he insist on his waiver and chooses to
spea8;
". (hat the person arrested must be inormed that he may indicate in any manner at
any me or stage o the process that he does not wish to be Buesoned with
warning that once he ma8es such indicaon, the police may not interrogate him i
the same had not yet commenced, or the interrogaon must ceased i it has already
begun;
. (he person arrested must be inormed that his inial waiver o his right to remain
silent, the right to counsel or any o his rights does not bar him rom invo8ing it at
any me during the process, regardless o whether he may have answered some
Buesons or volunteered some statements;
. -e must also be inor med that any statement or evidence, as the case may be,
obtained in violaon o any o the oregoing, whether inculpatory or eGculpatory, in
whole or in part, shall be inadmissible in evidence.
SEC. L. "ehod o arres by #rivae #erson.– 7hen making an arrest& a pri'ate person sha%% inform the
person to be arrested of the inten)on to arrest him and the case of the arrest& un%ess the %a>er is either
engaged in the commission of an o!ense& is pursued immediate%y a8er its commission& or has escaped& Jees&
or forcib%y resists before the person making the arrest has opportunity to so inform him& or hen the gi'ing
of such informa)on i%% im eri% the arrest. La
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c.f. #econ !, %ule K. & private person may also e*ect an arrest. (his is 8nown as cien’s arrest.
Hhen it is a private person who e*ects an arrest, he should inorm the arrestee o his 5N(3N(51N to arrest the
laRer and the $&6#3 o the arrest. (he eGcepons in this rule are the same as under #econ I.
SEC. 16.%cer may summon assisance. – An o4cer making a %afu% arrest may ora%%y summon as many
persons as he deems necessary to assist him in e!ec)ng the arrest. E'ery person so summoned by an o4cer
sha%% assist him in e!ec)ng the arrest hen he can render such assistance ithout detriment to himse%f. "16a#
'or as long as the arrest is lawul, the oEce may see8 the help o as many civilians as he may call, and the
person so summoned cannot reuse to render assistance provided that in so helping, he does not put himsel to
danger.
9S 's. ,O/,EA
C&ugust >, "!D
-3L2) (his ancient obligaon o the individual to assist in the protecon o the peace and good
order o his community is sll recognied in all wellMorganied governments in the Uposse
comitatusU Cpower o the county, poderdel condadoD. C+oo8 $ooleyZs +lac8stoneZs
$ommentaries, K@K; +oo8 @, <<.D 6nder this power, those persons in the state, county,
or town who were charged with the maintenance o peace and good order were bound,
eG ocio, to pursue and to ta8e all persons who had violated the law. 'or that purpose
they might command all the male inhabitants o a certain age to assist them. (his power
is called Uposse comitatusU Cpower o the countyD. (his was a right well recognied at
common law. &ct No. K" is a statutory recognion o such commonMlaw right. #aid &ct
aRempts simply to designate the cases and the method when and by which the people
o the town CpuebloD may be called upon to render assistance or the protecon o the
public and the preservaon o peace and order. 5t is an eGercise o the police power o
the state.
SEC. 11.$igh o ocer o brea! ino building or enclosure.– An o4cer& in order to make an arrest either
by 'irtue of a arrant& or ithout a arrant as pro'ided in sec)on <& may break into any bui%ding or
enc%osure here the person to be arrested is or is reasonab%y be%ie'ed to be& if he is refused admi>ance
thereto& a8er a nnouncing his authority and purpose. "11 a#
3Gample) 5 the person to be arrested is hiding inside a building or nay enclosure, the arresng oEcer is
empowered to brea8 any door to e*ect entrance, provided the ollowing reBuisites are present)
@. the arresng oEcer is reused admiRance;
. the arresng oEcer has announced his authority to e*ect the arrest, with or without warrant; and
B. the arresng oEcer has announced his purpose in ma8ing the arrest.
SEC. 1$.$igh o brea! ou rom building or enclosure. – 7hene'er an o4cer has entered the bui%ding or
enc%osure in accordance ith the preceding sec)on& he may break out therefrom hen necessary to %iberate
himse%f. "1$a#
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A: N1 because you have to get out together with the person arrested. Sou have the right to brea8 in to e*ect
the arrest and you also have the right to brea8 out to bring out the person rom the area. Sou cannot 8eep him
inside.
SEC. 1+.Arres a'er esca#e or rescue.– If a person %afu%%y arrested escapes or is rescued& any person may
immediate%y pursue or retake him ithout a arrant at any )me and in any p%ace ithin the ,hi%ippines. "1+ #
Fr. Jobre is arrested, then he escapes again. &nyone can reMarrest him without a warrant. #o i we will analye,
in addion to the instances enumerated under #econ !, this secon C#econ KD is another situaon where a
warrantless arrest may be validly e*ected.
-ere, the person who may be arrested without a warrant has already been lawully arrested, with or without a
warrant, prior to his escape. 1nce he escapes, &NS person – a police oEcer or a civilian – may run afer him even
without a warrant anywhere within the Jhilippines.
¬her eGample) Fr. JaYales is a detenon prisoner. 5 he is %3#$632 by his relaves or sympathiers while
he is being lawully detained, &NS person may reMarrest him without the need o a warrant anywhere in the
country.
SEC. 13.$igh o a&orney or relatve o visi #erson arresed. – Any member of the ,hi%ippine ar sha%%&
at the reKuest of the person arrested or of another ac)ng in his beha%f& ha'e the right to 'isit and confer
pri'ate%y ith such person in the (ai% or any other p%ace of custody at any hour of the day or night. Sub(ect to
reasonab%e regu%a)ons& a re%a)'e of the person arrested can a%so e5ercise the same right. "13a D
&ny person who is arrested in custody can be visited by his lawyer or a relave. Now, try to correlate this with a
special law, %& =@KI – /&n &ct dening certain right o persons arrested, etc.4) #econ < ?A thereo)
/&ny person arrested or detained or under custodial invesgaon shall be allowed visits by or conerences with
any member o his immediate amily, or any medical doctor or priest or religious minister chosen by him or by any
member o his immediate amily or by his counsel, or by any naonal nonMgovernmental organiaon duly
accredited by the $ommission on -uman %ights o by any internaonal nonMgovernmental organiaon duly
accredited by the 1Ece o the Jresident.4
/(he personZs Uimmediate amilyU shall include his or her spouse, anc^ or anc^e, parent or child, brother or
sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.4
(hose are the memb er o your immediate family rom the viewpoint o the law. Hhat is lac8ing is the
houseboy or housemaid. 1ne cannot prevent those menoned rom vising the detained or arrested person.
Q: Hhat will happen to the policeman7 Let us say, you will boast that you are a policeman7
A: #econ @ ?bA, %& =@KI states)
/&ny person who obstruct, persons or prohibits any lawyer, any member o the immediate amily o a person
arrested, detained or under custodial invesgaon, or any medical doctor or priest or religious minister chosen by
him or by any member o his immediate amily or by his counsel, rom vising and conerring privately with him, o
rom eGamining and treang him, or rom ministering to his spiritual needs, at any hour o the day or, in urgent
cases, o the night shall su*er the penalty o imprisonment o not less than our C@D years nor more than siG C>D
years, and a ne o our thousand pesos CJ@,.D.4
(hus, i you are a policeman and you will not allow the aboveMmenoned persons to visit the detenon
prisoners, then you will be imprisoned. (hat is what the law says.
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N1(3) 2uring the ""K bar eGams, there was a problem) 'rancis was arrested, then his girlriend visited him.
P') /5 would li8e to visit 'rancis. 5 would li8e to tal8 to him.4
J1L5$3F&N) /Hho are you74
P') /5 am so and so...4
J1L5$3F&N) /-ow are you related to him74
P') /5 am his anc^e.4
J1L5$3F&N) /&h wala, hindi pwede. Sou are not a member o the amily.4
#o rom the denion o the law, she is a member o the immediate amily. Faybe in the meanme, the
policeman has the duty to rely on the anc^e’s word, but i there are two o them, only one will be allowed.
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