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REVISEDRULESONCRIMINALPROCEDURE 123

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 anser for the commission of an o!ense. "1#

Normally, an arrest happens afer preliminary invesgaon – the case is led in court, there would be a
warrant o arrest. Let’s go to some decided cases.

,AN-ANA/AN vs. CASA*


!" #$%& !""

'&$(#) (his case srci nated in Lanao. (he o*ended party was ambushe d in Lanao, but he
survived. +ased on his descripon, there were around ! persons who staged the
ambush rom both sides o the hill. -owever, he could not recognie 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 unconstuonal and once anathemaed as totally subversive o the
liberty o the sub9ect. $learly violave o the constuonal in9uncon that warrants o
arrest should parcularly describe the person or persons to be seied. (he warrant as
against unidened 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 $onstuon, the warrant
o arrest must parcularly describe the things to be seied or the person to be arrested.

,EO,0E vs. SA0ATIE**A


<=> #$%& !! ?0uly <@, ""=A

-3L2) /&ny ob9econ involving a warrant o arrest or the procedu re in the acBuisi on o
9urisdicon over the person o an accused must be made beore he enters his plea,
otherwise, the ob9econ is deemed waived.4

,EO,0E 's. 2AS,A


C#eptember <, <D

-3L2) 1n the validity o the warrantless arrest, along with the corresponding search and
seiure, suEce it to say that any ob9econ regarding the regularity o an arrest must be
made beore the accused enters his plea; otherwise, the deect shall be deemed cured
by the voluntary submission by the accused to the 9urisdicon 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#

LAKAS ATENISTA
College Of La! Ateneo De Da"ao Uni"e#$it%
REVISEDRULESONCRIMINALPROCEDURE 12&
2011 Edition

Q: &re you allowed to use violence in arresng an accused7


A: 5t depends. #econ < says/no unnecessary orce4.Feaning, i unnecessary, no violence shall be used. +uti
the person to be arrested reuses to give up, then you use orce – that legal
is force.

#o, instead o surrendering, he desisted and got his gun, he wanted to 8ill the arresng oEcer, then the
arresng 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. #hoong 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 fulllment of my
duty, which is an eGempng circumstance.

Q: 5s handcu* necessary during arrest7


A: N1. -andcu* is only a symbolic act showing that you are arrested.

SEC. +. Duy o arrestng ocer. – 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#econ @D came out in "I!, it created a lot o conusion. #ome say the lieme o a
warrant o arrest is only ten CD days because the law says, /he shall cause the warrant to be eGecuted within ten
CD days rom its receipt.4 &nd then the law says, /Hithin ten CD days afer eGpiraon o the period.4 #o some
said, < days.

Q: Hhich is correct7  or < days7


A: +oth are wrong. (here is no such thing as lieme o a warrant o arrest. &s much as possible, when you
receive it, you enorce it. Jag di ma8itaang accused, gumawa 8a ng report. +ut do not return the warrant to the
issuing court. -awa8an mo yan: 'or all you 8now you might catch the accused neGt year. #o there is no lieme or
e*ecvity o a warrant o arrest.

/A0A0OAN vs. CO9*T O: A,,EA0S


<K@ #$%& <@"

-3L2) ;No period is provided or the enorceability o warrants o arrest, and although within
ten days rom the delivery o the warrant o arrest or eGecuon a return thereon must
be made to the issui ng 9udge, said warr ant does not beco me functus o!cio but is
enorceable indenitely unl the same is enorced or recalled.4

$ompare that with search warrant. 6nder %ule <>, #econ , a search warrant shall be valid or ten CD days
rom it date. (hereafer, it shall be void. 5yan: laro yan: 1nly  days pag search warrant.

,EO,0E 's. -IE*A


C0anuary I, <D

-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 arresng oEcer on 0une =, ""! as
accusedMappellant could not be ound. -e was nally ound only on Fay @, "">. Now,

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2011 Edition

no alias warrant o arrest is needed to ma8e the arrest. 6nless specically provided in
the warrant, the same remains enorceable unl itis eGecuted, recalled or Buashed. (he
tenMday period provided in %ule K, @ is only a direcve to the oEcer eGecung 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 inormaon beore the trial
court, entered a plea o not guilty and parcipated in the trial. &s this $ourt has held,
any ob9econ involving a warrant o arrest or procedure in the acBuision by the court
o 9urisdicon over the person o an accused must be made beore he enters his plea,
otherwise the ob9econ is deemed waived.

I9E2 S. CO9*T O: A,,EA0S


0une !, <"

5##63) H1N a pending re soluon o a peon or review led with the #ecr etary o 0usce
concerning a nding o probable cause will suspend the proceedings in the trial court,
including the implementaon o a warrant o arrest7

-3L2) N1. (he uncon o the 9udge to issue a warrant o arrest upon the determinaon o
probable cause is eGclusive; thus, the conseBuent implementaon o a warrant o arrest
cannot be deerred pending the resoluon o a peon or review by the #ecretary o
0usce as to the nding o probable cause, a uncon that is eGecuve in nature. (o deer
the implementaon o the warrant o arrest would be an encroachment on the eGclusive
prerogave o the 9udge.

SEC. <.Arres wihou warran; when lawul.– 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 conned hi%e his case is pending& or has escaped hi%e
being transferred from one connement to another.
In cases fa%%ing under paragraphs "a# and "b# abo'e& the person arrested ithout a arrant sha%% be
forthith 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 secon in %ule K is #econ ! – Harrantless arrest. (a8e note that a person authoried 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 cien’s arrest because he got a report that
some people in the +5% were eGtorng 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 – eGtoron: -e eGercised his right under #econ !. -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 #econ !.

#econ ! is also the situaon in %ule <, #econ = on 5NQ63#( preliminary invesgaon. Hhen may a case be
led in court without a preliminary invesgaon rst conducted7 5to man ba – #econ ! – when a person is
arrested without a warrant.

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College Of La! Ateneo De Da"ao Uni"e#$it%
REVISEDRULESONCRIMINALPROCEDURE 12(
2011 Edition

Now, there are three CKD instances menoned in #econ ! 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:

,EO,0E 's. /O0INA


C'ebruary ", <D

-3L2) &s a rule, an arrest is considered legimate ie*ected with a valid warrant o arrest. (he
%ules o $ourt, however, recognies 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
aRempng 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 conned while his case is pending, or has escaped while being transerred
rom one connement 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.

Q: Hhy is it that the law authories an arrest without warrant7


A: &s eGplained by the #$ in the case o

9/I0 vs. *A/OS


I= #$%& K

-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,
acilitang their escape in many instances.4 ?#o, it would be a worse situaon wherein
you cannot do anything precisely because you have no warrant. #omething is wrong
there.A

IN :0A-*ANTE E0ICTO A**EST

(he rst instance o a valid warrantless arrest, paragraph ?aA)

"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 8nie. “'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 dang ko, tapos na eh.
%indi ko nakita&

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2011 Edition

5n ""<, there was a similar situaon happened in the case o


,EO,0E vs. EA*ISTO
<> #$%& @K

5##63) Hhat do you mean by “in his presence* 5s it literal7

-3L2) /&n o*ense is commiRed in the presence or in the view o an oEcer within the meaning
o the rule authoriing 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 – sll, within the meaning o this
rule, and covered by paragraph ?aA.

,EO,0E 's. A09NA


0une , <=

'&$(#) (he 5ntelligence #econ o the Jrov. 1Ece o the Ft. Jrovince received the inormaon
someme in Fay <, and accusedMappellant was arrested without a warrant during
the police raid at the plantaon at Ft. $huryon, #adanga, only on K &ugust < afer a
series o validaons conducted by the team to veriy or conrm the report that indeed a
mari9uana plantaon eGisted at the area and afer an operaon plan was ormed. Hhen
the arresng team proceeded to the mari9uana plantaon they saw the accused
personally cuOng and gathering mari9uana plants. (he accused assails his convicon or
being improper and illegal and asserts that the court a Buo never acBuired 9urisdicon
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 #econ !, %ule K
o the "I! %ules o $ourt. -e insists that the arresng oEcers had three months within
which to secure a warrant rom the me they received the inormaon about an eGisng
mari9uana plantaon unl they e*ected his arrest. -e also maintains that the ailure to
secure a warrant can never be 9used by the urgency o the situaon.

5##63) H1N the warrantless arrest was valid7

-3L2) S3#. #econ !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 aRempng to commit, an o*ense. #econ !CaD
reers 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 arresng oEcer.
5n this case, when the arresng team proceeded to the mari9uana plantaon 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 arresng 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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REVISEDRULESONCRIMINALPROCEDURE 12*
2011 Edition

(he $ourt held that any ob9econ involving a warrant o arrest or the procedure or the
acBuision by the court o 9urisdicon over the person o the accused must be made
beore he enters his plea; otherwise, the ob9econ is deemed waived.

DOT ,9*S9IT A**EST


Now, the most controversial is yung pangalawa, the soMcalled
hot pursuit arrest – #econ ! ?bA)
"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@

-istory o #econ ! ?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 commied 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 beore this amendment, “when an o-ense has ust +een
commied, and the arresng o!cer has personal knowledge of facts indicang that the person to +e arrested has
commied it. #abihin nan, what is the di*erence between ?aA and ?bA7 – because in ?aA the crime is commied in
your presence, the person to +e arrested has commied, 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
indicang that the person to be arrested has commiRed it. &nd what does that mean7 5n the case o

9/I0 vs. *A/OS


<< #$%& <!

-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

,EO,0E 's. O*IA


C0anuary <<, """D

-3L2) Jersonal 8nowledgeU o acts in arrests without warrant under #econ ! 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 arresng 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 thereore 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.

,EO,0E 's. ESCO*IA0


C0anuary >, <<D

-3L2) (he Bueson 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

LAKAS ATENISTA
College Of La! Ateneo De Da"ao Uni"e#$it%
REVISEDRULESONCRIMINALPROCEDURE 12+
2011 Edition

paragraph CbD has been dened in this wise) Jersonal 8nowledge o acts in arrests
without a warrant under #econ !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 arresng 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 thereore 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 eGplanaon 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 commied and he has pro+a+le cause to +elieve
+ased on personal knowledge of facts or circumstances that the person to +e arrested has commied it. #o my
conclusion, the language now is a combinaon 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 deended eh based on
this guideline) you could be literal or you could beliberal. 5 you are literal, patayang arresng oEcer – there is not
valid arrest. +ut i you are liberal, the oEcers have perormed 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.

,EO,0E vs. 9*-OS


@@ #$%& 

5##63) 5n case o doubt , to whom it should be resolv ed7 in avor o the arresng oEcer or
against him the accused7

-3L2) (he doubt should be resolved against the peace oEcer because it is the constuonal
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 eGcepon.
/(he right o a person to be secured against any unreasonable seiure o his body and
any deprivaon o his liberty is a most basic and undamental one. (he statute or rule
which allows eGcepons to the reBuirement o warrants o arrest is strictly construed.
&ny eGcepon must clearly all within the situaons when securing a warrant would be
absurd or is maniestly unnecessary as provided by the %ule. He cannot libera lly
construe the rule on arrest without warrant or eGtend its applicaon beyond the cases
specically provided by law. (o do so would inringe upon personal liberty and set bac8 a
basic right so ofen violated and so deserving o ull protecon.4

,EO,0E vs. *A/OS


I> #$%& I@ ?""A

'&$(#) &n inormaon apprised some police oEcers o the presence o a drug pusher in the
corner o Krd %ial #treet, 1longapo $ity. &ctually, they were poinng to a cigareRe
vendor – a woman selling cigareRe. &cng on such inormaon, and in the presence o

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the police oEcers, the superior oEcer gave the inormant mar8ed money. &fer  to !
minutes the inormant turned over to them two sc8s o mari9uana. (he inormant was
given mar8ed money to purchase again. -e returned with another two sc8s 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 inormant
buy the mari9uana7

-3L2) Harrantless arrest is V&L52. /'rom the above ac ts, it may be concluded that the
arresng police oEcers had personal 8nowledge o acts implicang the appellant with
the sale o mari9uana to the inormantMposeur buyer. He hold thereore that the arrest
was legal and the conseBuent search which yielded < sc8s o mari9uana was lawul or
being incident to a valid arrest.4
/(he obligaon to ma8e an arrest by reason o a crime does not presuppose as a
necessary reBuisite or the ulllment 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 characteriscs o a crime and that
the same grounds eGist to believe that the person sought to be detained parcipated
therein. 5t was already personal 8nowledge and it was construed in avor o warrantless
arrest.

5n N&W&%3N1 vs. #(&(51N $1FF&N23% CI= #$%& K<D, one o the companion cases in 6mil vs. %amos, the
#$ interpreted the phrase “crime has ust +een commied.-ow sure is 9ust and how recent7

NA2A*ENO vs. STATION CO//ANE*


I= #$%& K<

'&$(#) 5n the early morning o 2ecember @, "II, one %omulo +unye 55 was 8illed by a group
o men in &labang, Funnlupa, 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
Buesoning, %egala pointed to Naareno as one o his companions in the 8illing. 5n view
thereo, the police, without a warrant, pic8ed up Naareno 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
commied7  hour ago7 ! hours ago7 <@ hours ago7 -ow soon was /9ust47

-3L2) 5t was a V&L52 warrantless arrest./3vidently, the arrest o Naareno was e*ected by the
police without warrant pursuant to #ec. ! CbD, %ule K, %ules o $ourt afer he was
posively implicated by his coMaccused %amil %egala in the 8illing o %omulo +unye 55;
and afer invesgaon by the police authories. &s held in 2eople vs. Ancheta:
/(he obligaon o an agent o authority to ma8e an arrest by reason o a crime, does not
presuppose as a necessary reBuisite or the ulllment thereo, the indubitable eGistence
o a crime. 'or the detenon to be perectly 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 characteriscs o a crime and that the same grounds eGist to believe
that the person sought to be detained parcipated therein.4

3usce #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. CENAFA
" #$%& !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.

5##63) Has there a valid warrantless arrest7

-3L2) (he accused was arrested one day afer the 8illing o the vicm and only on the basis o
the inormaon obtained by the police oEcer. (he above circumstances clearly show
that there was a valid warrantless arrest.

,EO,0E vs. A0A*E2


< #$%& K>@

'&$(#) & cadaver was ound in Jalasan $emetery in Valenuela, FF. 5t was believed that a
group o addicts 8illed the unidened person. (he ollowing day, while %onald &lvare,
and two o his riends, were having their conversaon. &lvare was bragging about how
he 8illed the vicm. (he ather o &lvare, a rered policeman, overheard them and
went to the police staon and told the police) /5 thin8 you beRer arrest my son:4 1n the
basis o his inormaon, 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
lawul.

-3L2) Harrantless arrest was V&L52. /6nd er %ule K, #econ > 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 iniated 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 detecon. &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 iner that his act o going to the polic e,
inorming 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

,EO,0E vs. *IONES


<< #$%& =I

'&$(#) 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 Puerre, 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 Puerre 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 Puerre who was lying
prostrate on the ground. (he three later dragged Frs. Puerre inside her house and
closed the door.
5n the morning o &pril <@, "II, J. 'rancisco went to the house o the Puerrees. -e

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ound it in disarray, with the spouses sprawled dead on the rst Toor. -e then inormed
the $hie o Jolice o the incident and a team o invesgators proceeded to the scene o
the crime. #ubseBuently, the culprits were apprehended on separate occasions.

5##63) Hhether or not the warrantless arresto the accused is valid.

-3L2) (he arrest was unlawul 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 Bualiy as a lawul arrest without a
warrant under #ec. ! CbD o %ule K o the %ules on $riminal Jrocedure because the
police oEcer who e*ected the arrest indubitably had no personal 8nowledge o acts
indicang that the person to be arrested has commiRed the crime. 5t is eyewitnesses
'rancisco who had such personal 8nowledge. 5n sum, thereore, the warrantless arrest o
the appellants is illegal.4
/Nevertheless, such unavailing technicality cannot render all the other proceedings,
including the convicon o the accused, void. 5t cannot deprive the state o its right to
convict the guilty when all the acts on record point to their culpability. 5n this regard,
the case o e Asis '. *omero , @ #$%& <K! nds applicaon. (hus, X1ne o the most
important o these seRled rules is that any ob9econ to the procedure ollowed in the
maRer o the acBuision by a court o 9urisdicon over the person o the accused must
be opportunely raised beore he enters his plea, otherwise the ob9econ 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 Buesoned the legality o their arrest, they even
pleaded, on arraignment, to the inormaon led against them. &ccused’s acts
constute a clear waiver o their right against unlawul restraint o liberty. +esides, it
would be impraccal, 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
convicon is truly based on overwhelming evidence.4

,EO,0E vs. TONO-& G*.


<! #$%& ==<

'&$(#) 1n &pril <!, "II, at around >) a.m., the 2umaguete $ity Jolice #taon, received a
report that there was a lieless body ound in the crossing. (he deceased, who bore stab
wounds all over his body, was later idened as 3ren 'lores, son o the 2eputy #taon
$ommander o the 2umaguete $ity Jolice 'orce. (hat same morning, a police oEcer,
Jatrolman Halter Leguarda, went to the scene o the crime and conducted an
invesgaon. -is invesgaon revealed that the assailant was certain &bdul (onog o
Negros 1riental. (he police invesgator based his conclusion principally rom the
inormaon given to him by one Liberato#olamillo. -e was also inormed by the
girlriend o (onog’s coMaccused that prior to the stabbing incident, there were grudges
between 'lores and (onog.
5n the afernoon o that same day, the police invesgator, together with other police
operaves oEcer, without a warrant, proceeded to Negros 1riental, to loo8 or (onog,
who, upon being invited or Buesoning, voluntarily went with the law enorcers to the
police staon, unaccompanied by counsel.
1n their way to the police staon, one o the policemen noced the presence o blood
stains on the pants o the accused. when as8ed where the stains came rom, the laRer
allegedly answered that they were blood stains rom a pig. (his pants was submiRed or
eGaminaon at the J$[5NJ $rime Laboratory. &t the police staon, the accused cried and

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loo8ed or the #taon $ommander. -e then conessed to the 15$ o the police staon,
which conession was not recorded nor reduced to wring. #ubseBuently, (onog, along
with three others, was charged with murder. &fer trial, the court a Buo re9ected the
eGtraM9udicial conession o the accused as the laRer was not represented by counsel and
because the same had not been reduced to wring. Nonetheless, on the basis o
circumstanal evidence, it rendered a 9udgment o convicon.

5##63) Hhether or not the warrantless arrest was lawul.

-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
9used under #econ !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 indicang that the
person to be arrested has commiRed it.4
/5n this case, Jat. Leguarda, in e*ecng the arrest o &ccusedMappellant, had 8nowledge
o acts gathered by him personally in the course o his invesgaon indicang that
&ccusedMappellant was one o the perpetrators.4

-O vs. CO9*T O: A,,EA0S


<> #$%& KI ?""<A

'&$(#) 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 direcon. &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
peonerZs car plate number. (he police arrived shortly thereafer at the scene o the
shoong and there retrieved an empty shell and one round o live ammunion or a
"mm caliber pistol. Vericaon at the Land (ransportaon 1Ece showed that the car
was registered to one 3lsa &ng Po, %olito’s wie.
(he ollowing day, the police returned to the scene o the shoong to nd out where the
suspect had come rom; they were inormed that Po had dined at $ravings +a8e #hop
shortly beore the shoong. (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 peoner and he posively idened 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 naonal dailies all over the country.
1n I 0uly "" Cor > days afer the shoongD, Po presented himsel beore the #an 0uan
Jolice #taon to veriy 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 shoong, who was at the police staon at that me, posively idened 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 %ial. 'irst &ssistant Jrovincial
Jrosecutor inormed Po, in the presence o his lawyers, that he could avail himsel o his
right to preliminary invesgaon but that he must rst sign a waiver o the provisions o
&rcle <! o the %evised Jenal $ode. Po reused to eGecute any such waiver.
1n " 0uly "", while the complaint was sll with the prosecutor, and beo re an
inormaon could be led in court, the vicm, 3ldon Faguan, died o his gunshot
wounds. &ccordingly, on  0uly "", the prosecutor, instead o ling an inormaon or
rustrated homicide, led an inormaon or murder beore the %($. No bail was
recommended. &t the boRom o the inormaon, the Jrosecutor cered that no

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preliminary invesgaon had been conducted because the accused did not eGecute and
sign a waiver o the provisions o &rcle <! o the %evised Jenal $ode.

5##63) Hhether or not the warrantless arresto %olito Po was valid.

-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 shoong o Faguan. (he arresng oEcers obviously
were not present, within the meaning o #econ !?aA, at the me Po had allegedly shot
Faguan. Neither could the arrest e*ected siG C>D days afer the shoong be reasonably
regarded as e*ected Xwhen ?the shoong hadA in act 9ust been commiRed’ within the
meaning o #econ ! ?bA.4
/Foreover, none o the arresng oEcers had any Xpersonal 8nowledge’ o acts
indicang that Po was the gunman who had shot Faguan. (he inormaon upon which
the police acted had been derived rom statements made by alleged eyewitnesses to the
shoong 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 wieZs
name. (hat inormaon did not, however, constute /personal 8nowledge.4

,EO,0E vs. /A*IA-A


< #$%& >"I

'&$(#) %olando Fadriaga was arrested or selling mari9 uana in a buyMbust operaon in
$aloocan. Hhen as8ed by the police, Jat. Lechido, who acted as poseurMbuyer, where he
got the stu*, Fadriaga answered that the same came rom a certain 1rlando. Fadriaga
pointed to the police a man, standing some = to  meters away rom where he was
apprehended, as the source o the stu*. (he man was then arrested. 'ound in his wallet
was the mar8ed JMbill. -owever, at the me o the arrest he was not selling mari9uana.
Hhen Bueried, the man answered that the money came rom the other accused, %oland
Fadriaga and that he got the money rom the man who gave his name as %olando
Jangilinan. 5n an inormaon led with the %($ o $aloocan $ity, accused %olando
Fadriaga and %olando Jangilinan were charged with the violaon 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 convicon. &ccused led
a noce 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, #econ !, %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 aoresaid #econ !, 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 #econ <, %ule <> o the
%evised %ules o $ourt.
/(he warrantless arrest o the other accused %olando Jangilinan alls under paragraph
CbD, #econ !, %ule K o the %evised %ules o $ourt. Jat. Lechido, as the poseur buyer
in the buy bust operaon, 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 indicang that Jangilinan was the source o the prohibited drug by
virtue o the inormaon 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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thereore, admissible in evidence.4


,EO,0E vs. /ONA& G*.
<<I #$%& ! ?""KA

-3L2) Harrantless arrest N1( valid. /5t is interesng 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
9used by #econ !?bA o %ule K. 5 it were true that thee prosecuon witnesses were
able to ideny appellants during the ambush due to their disnguishing 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 discripo personae which would
enable the arresng oEcer to serve the same inallibly.4

,EO,0E 's. *A*A


C'ebruary , ""!D

-3L2) & policeman cannot callously set aside his essenal 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 authories a warrantless arrest, otherwise called a cienZs
arrest, Uwhen, in his presence, the person to +e arrested has commied, is actually
commi/ng, or is aempng to commit an o-ense .U (hus, although oEcially assigned in
+aguio $ity, Lt. &nchetaZs act o arresng accusedMappellant Cafer the laRer o*ered to
sell him mari9uana in #an 'ernando, La 6nionD is 9used not only by his duty as a law
enorcer but also by #ec. ! o %ule K, which authories instances o warrantless or
ciensZ arrests.

SANCDE2 vs. E/ET*IO9


<<= #$%& ><= ?""KA
'&$(#) 1n &ugust <, ""K, JNJ $ommander %eG Jian issued an invitaon to Fayor #anche o
$alauan, Laguna reBuesng hem to appear or an invesgaon at $amp Vicente Lim. (he
alleged invitaon was served to #anche on &ugust K in the morning and he was
immediately ta8en to the said camp. & conrontaon was made on the same day and
#anche was idened by two witnesses in their eGtra9udicial conession. (he two
implicated #anche as principal in the slaying o &ileen #armienta and &llan Pome. (hen
he was arrested. #o #anche Buesoned the arrest. -e was actually detained and there
immediately a case was led against him.

5##63) Hhether the arrest was valid.

-3L2) Harrantless arrest not valid +6( the deect was cured when the case was led in court.
/(he srcinal warrantless arrest o the peoner was doubtless illegal. Nevertheless, the
%egional (rial $ourt lawully acBuired 9urisdicon over the person o the peoner by
virtue o the warrant o arrest it issued on &ugust <>, ""K against him and the other
accused in connecon with the rapeMslay cases. 5t was belated, to be sure, but it was
nonetheless legal.4
/3ven on the assumpon that no warrant was issued at all, we nd that the trial court
sll lawully acBuired 9urisdicon over the person o the peoner. (he rule is that i the
accused ob9ects to the 9urisdicon o the court over his person he may move to Buash
the inormaon, but only on that ground. 5, as in this case, the accused raises other
grounds in the moon to Buash, he is deemed to have waived that ob9econ and to have

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submiRed his person to the 9urisdicon o the court.4

&ctually the same thing happened to one o my clients. -e was invited at the police staon. (here was an
invitaon leRer. 5 advised him not to accept the invitaon. #o he told the police oEcer, “I decline to accept the
invitaon. According to my lawyer, I have another party to aend to. Sun ang palusot niya: Fahirap itong ganitong
8lase ng invitaon. #abagay,ba8it 8a naman imbitahin dun7 JaramagMinuman dun7 Fy golly:

(he ruling in 4anche" was reiterated in thecase o

0A**ANA-A vs. CO9*T O: A,,EA0S


<I= #$%& !I ?""IA

-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 deect o that
detenon or at least deny him the right to be released because o such deect.4

,EO,0E vs. /AN0909


<K #$%& = ?""@A

-3L2) /(he 8illing too8 place at one oZcloc8 in the morning. (he arrest and the conseBuent
search and seiure 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 inormaon which led to the arrest
o Fanlulu, that is not enough. (he law reBuires Upersonal 8nowledge.U 1bviously,
Upersonal gathering o inormaonU 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

,EO,0E vs. A-9STIN


<@ #$%& !@ ?""!A

-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

,EO,0E vs. /ONTI00A


<I! #$%& =K ?""IA

-3L2) /(he evidenary measure or the propriety o ling criminal charges and, correlavely,
or e*ecng a warrantless arrest, has been reduced and liberalied. 5n the past, our
statutory rules and 9urisprudence reBuired prima facie evidence, which was o a higher
degree or Buantum. (hose problems and conusing concepts were claried 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 invesgaon is such evidence as
suEces to /engender a well ounded belie4 as to the act o the commission o a crime
and the respondentZs probable guilt thereo. 5t should, thereore, be in that sense,
wherein the right to e*ect a warrantless arrest should be considered as legally
authoried.4

5n the case o 6onlla, the standard o the scal to le a case is probable cause. #o to e*ect a warrantless
arrest, pareho din – probable cause: 6nli8e beore, it is prima facie – ibayan: (hat is a higher degree. &lam mo ba

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ang prima facie*


2rima 7acie means the evidence by itsel, i unrebuRed can already convict you. Hhereas pro+a+le cause, <\
lang you are probably guilty. 2ro+a+le cause to determine whether you should be indicted under %ule
<.2ro+a+le cause or the 9udge to issue a warrant afer the inormaon is led. Now in %ule K,pro+a+le cause
to determine whether there is a valid warrantless arrest. &nd then when you reach %ule <>, the standard or valid
warrantless search and seiure –pro+a+le cause na naman:

AI S A**OO
P.%. No. =K">C5avid et al.D

-3L2) (he $onstuon provides that Uthe right o the people to be secured in their persons,
houses, papers and e*ects against unreasonable search and seiure o whatever nature
and or any purpose shall be inviolable, and no search warrant orarrant of arrest shall
issue eGcept upon probable cause to be determined personally by the 9udge afer
eGaminaon under oath or aErmaon o the complainant and the witnesses he may
produce, and parcularly describing the place to be searched and the persons or things
to be seied.U(he plain import o the language o the $onstuon is that searches,
seiures and arrests are norma%%y unreasonable unless authoried by a validly issued
search warrant or warrant o arrest. (hus, the undamental protecon given by this
provision is that between person and police must stand the protecve authority o a
magistrate clothed with power to issue or reuse to issue search warrants or warrants o
arrest.
5n the +rie &ccount submiRed by peoner 2avid, certain acts are established) rst, he
was arrested without warrant; second, the JNJ operaves arrested him on the basis o
JJ =; third, he was brought at $amp aringal, Queon $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 Violaon o atas ,ambansai%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.

#econ !, %ule K o the %evised %ules on $riminal Jrocedure provides)


#ec. !. Arres wihou warran; when lawul. M & peace oEcer or a private person may, without a warrant,
arrest a person)
"a# Hhen, in his presence, the person to be arrested has commiRed, is actually commiOng, or is aRempng to
commit an o*ense.
"b# Hhen 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; and
G GG.
Neither o the two C<D eGcepons menoned above 9uses peoner 2avid7s warrantless arrest. 2uring the
inBuest or the charges o inci)ng to sedi)on and 'io%a)on of , HH6 , all that the arresng oEcers could invo8e
was their observaon that some rallyists were wearing tMshirts with the invecve ;ust <loria =ow and their
erroneous assumpon that peoner 2avid was the leader o the rally. $onseBuently, the 5nBuest Jrosecutor
ordered his immediate release on the ground o insuEciency o evidence. -e noted that peoner 2avid was not
wearing the sub9ect tMshirt and even i he was wearing it, such act is insuEcient to charge him with i nci)ng to
sedi)on. 'urther, he also stated that there is insuEcient evidence or the charge o 'io%a)on of , HH6 as it was
not even 8nown whether peoner 2avid was the leader o the rally.
+ut what made it doubly worse or peoners 2avid et al. is that not only was their right against warrantless
arrest violated, but also their right to peaceably assemble.

AITIONA0 INSTANCES O: A0I 7A**ANT0ESS A**ESTS

Now there are instances where there could be a valid warrantless arrest in addion to #econ ! o %ule K.

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(hese instances are the ollowing)

. #econ K, %ule K)


/5 a person lawully arrested escapes or is rescued, any person may immediately pursue or reta8e him without
a warrant at any me and in any place within the Jhilippines.4

<. #econ <K, %ule @ on bail)


/'or the purpose o surrendering the accused, the bondsmen may arrest him or, upon wriRen authority
endorsed on a cered copy o the underta8ing, cause him to be arrested by a police oEcer or any other person o
suitable age and discreon.
G GGGG4

#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.

K. #econ <K, %ule @, last paragraph)

/&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. JagMnaMle
na, hindi 8a bastaMbasta ma8alipad.

in addion to #econ ! o %ule K.


#o, those are the instances where there could be a valid warrantless arrest

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 selMeGplanatory. (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 situaon.

SEC.  ."ehod o arres by ocer by virue 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 shon to him as soon as prac)cab%e. "a#

C=ote: (he arrest here is by virtue o a warrantD


(here are instances when the arresng oEcer is loo8ing or somebody and he cannot nd him. (hen afer
several hours, he nds the o*ender. +ut the problem is the arresng oEcer does not have with him the warrant.
Faybe it is in his oEce.

Q: 2oes he have to go bac8 to the oEce and get the warrant7


A: N1. &rrest him immediately because he might escape aferwards.

Q: -ow about the warrant7 5s it necessary that the arresng 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 praccable.
/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 authories 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 #econ !, %ule K o the %ules o $ourt and on the merits o both the
peoner’s and the 1Ece o the #olicitor Peneral’s arguments with respect thereto.
(he applicable provision is not #econ !, %ule I o the %ules o $ourt on warrantless
arrests, but #econ =, %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 inorm 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 arresng oEcer to inorm the arrestee o the above
is eGcusable)
@. when the person to be arrested Tees; or
. when the person to be arrested orcibly resists beore the oEcer has opportunity to so inorm 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 inormaon will imperil the arrest.

SEC. H. "ehod o arres by ocer wihou 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#

Q) -ow does an oEce e*ect an arrest H5(-16( a warrant7


&) P3N3%&L %6L3) the oEcer must inorm the person to be arrested o)
@. his Carresng oEcer’sD authority;and
. the cause o the arrest.

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 9used)
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 beore the oEcer has opportunity to so inorm him;
6. when the giving o such inormaon will imperil the arrest.

,EO,0E 's. /ADINA


C'ebruary , """D

-3L2) (he $ourt, as guardian o the rights o the people lays down the procedure, guidelines
and dues which the arresng, detaining, inving, or invesgang 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 interrogaon in accordance with the $onstuon,
9urisprudence and %epublic &ct No. =@KI. 5t is highMme to educate our lawMenorcement
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 invesgaon must be
inormed 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,
inormaon or communicaon 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 inormed that he has the right to be assisted at all mes and have the
presence o an independent and competent lawyer, preerably o his own choice;
@. -e must be ino 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 peon o the person
arrested or one acng in his behal;
!. (hat whether or not the person arrested has a lawyer, he must be inormed that no
custodial invesgaon 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 inormed tha t, at any me, he has the right to
communicate or coner 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[coner with duly
accredited naonal or internaonal nonMgovernment organiaon. 5t shall be the
responsibility o the oEcer to ensure that this is accomplished;
=. -e must be inormed 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 addion, i the person arrested waives his right to a lawyer, he must be inormed
that it must be done in wring &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 inormed that he may indicate in any manner at
any me or stage o the process that he does not wish to be Buesoned with
warning that once he ma8es such indicaon, the police may not interrogate him i
the same had not yet commenced, or the interrogaon must ceased i it has already
begun;
. (he person arrested must be inormed that his inial 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
Buesons or volunteered some statements;
. -e must also be inor med that any statement or evidence, as the case may be,
obtained in violaon o any o the oregoing, whether inculpatory or eGculpatory, in
whole or in part, shall be inadmissible in evidence.
SEC. L. "ehod o arres by #rivae #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. #econ !, %ule K. & private person may also e*ect an arrest. (his is 8nown as cien’s arrest.
Hhen it is a private person who e*ects an arrest, he should inorm the arrestee o his 5N(3N(51N to arrest the
laRer and the $&6#3 o the arrest. (he eGcepons in this rule are the same as under #econ I.

SEC. 16.%cer may summon assisance. – An o4cer making a %afu% 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 lawul, the oEce may see8 the help o as many civilians as he may call, and the
person so summoned cannot reuse to render assistance provided that in so helping, he does not put himsel to
danger.
9S 's. ,O/,EA
C&ugust >, "!D

-3L2) (his ancient obligaon o the individual to assist in the protecon o the peace and good
order o his community is sll recognied in all wellMorganied 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 ocio, 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 recognied at
common law. &ct No. K" is a statutory recognion 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 protecon o the
public and the preservaon o peace and order. 5t is an eGercise o the police power o
the state.

SEC. 11.$igh o ocer o brea! ino 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 arresng oEcer is
empowered to brea8 any door to e*ect entrance, provided the ollowing reBuisites are present)
@. the arresng oEcer is reused admiRance;
. the arresng oEcer has announced his authority to e*ect the arrest, with or without warrant; and
B. the arresng 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#

Q: Hhat is the di*erence between #econs  and <7


A: #econ  is entrance, whereas #econ < tal8s oe9it rom the building.

Q: -ow come he is loc8ed inside7


A: 5t may happen this way) (he door is open, you enter the house, then ma8e the arrest but the arrestee’s
companions loc8ed you inside. Sou cannot go out anymore. Sou cannot bring the arrestee out.

Q: Hill you be liable or brea8ing the door7

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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 %afu%%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 analye,
in addion to the instances enumerated under #econ !, this secon C#econ KD is another situaon where a
warrantless arrest may be validly e*ected.
-ere, the person who may be arrested without a warrant has already been lawully 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.
&nother eGample) Fr. JaYales is a detenon prisoner. 5 he is %3#$632 by his relaves or sympathiers while
he is being lawully 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 arresed. – 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 relave. Now, try to correlate this with a
special law, %& =@KI – /&n &ct dening certain right o persons arrested, etc.4) #econ < ?A thereo)

/&ny person arrested or detained or under custodial invesgaon shall be allowed visits by or conerences 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 naonal nonMgovernmental organiaon duly
accredited by the $ommission on -uman %ights o by any internaonal nonMgovernmental organiaon 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 menoned rom vising the detained or arrested person.

#5(6&(51N) 5 am the police, who are you7


Fr. Jeloton) 5 am the spiritual guardian.
Jolice) &h, hindi pwede:

Q: Hhat will happen to the policeman7 Let us say, you will boast that you are a policeman7
A: #econ @ ?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 invesgaon, 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 vising and conerring privately with him, o
rom eGamining and treang 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 aboveMmenoned persons to visit the detenon
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 girlriend 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

Q: 5s the policeman correct7


A: (he policeman is liable because according to #econ <, %& =@KI, the 'rancis’ immediate amily shall include
his spouse, anc^e, etc. &nd #econ @ o the said law, provides or the penalty to be imposed on the arresng
oEcer who impedes or obstructs such right.

#o rom the denion o the law, she is a member o the immediate amily. Faybe in the meanme, 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.

Q: Hhere can the visit be allowed7


A: 5n the 9ail or any other place o custody. Feaning, wherever 'rancis is being detained; not only limited to
9ails, police staons or military barrac8s. -e or anyone on his behal may demand that he be allowed to tal8
privately with his lawyer, at any hour o the day or, in urgent cases, o the night.

He are now through with %ule K.

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