CRIMINAL

PROCEDURE
RULE 113
ARREST
RULE 113
ARREST
 SEC 1 Arrest is the taking of a person into
DEFINITION OF custody in order that he may be
ARREST bound to answer for the commission
of an offense

1. DEFINITION
The taking of a person into custody

2. PURPOSE
In order that he may be bound to answer for the
commission of an offense
 An arrest is made by an actual
restraint of a person to be
arrested, or by his submission to
the custody of the person
making the arrest.
SEC 2. ARREST;
HOW MADE No violence or unnecessary
force shall be used in making an
arrest. The person arrested shall
not be subject to greater
restraint than is necessary for
his detention
PROCEDURE
1. HOW ARREST IS MADE:
1. By an actual restraint of the person to be
arrested or
2. By the submission of such person to the
custody of the person making the arrest

2. RULES IN MAKING ARREST

1. Violence or unnecessary force shall NOT be
used in making an arrest, and
2. The person arrested shall NOT be subject to
greater restraint than is necessary for his
detention
QUESTION:
To constitute an arrest, must there be the
actual use of force by the arresting
officer?

ANSWER:
No. Application of actual force, manual
touching of the body, physical restraint, or
a formal declaration of arrest is not
required. It is enough that there be an
intent on the part of the other to submit,
under the belief and impression that
submission is necessary.
 SEC 3 It shall be the duty of the officer
DUTY OF executing the warrant to arrest the
ARRESTING accused and deliver him to the nearest
OFFICER police station or jail without
unnecessary delay

DUTIES OF THE ARRESTING OFFICER

1. Arrest the accused, and

2. Deliver the accused to the nearest
police station or jail without unnecessary
delay
 QUESTION:
What are the duties of an officer who
arrests a person?
ANSWER:
At the time a person is arrested, it shall be the duty of
the arresting officer to inform him of the reason for
the arrest and to show him the arrest warrant, if any.
To inform him of his constitutional rights to remain
silent and to counsel, and that any statement he
might make could be used against him. To inform him
of his right to communicate with his lawyer, a relative,
or anyone he chooses by the most expedient means
- by telephone if possible or by letter or messenger.
 The head of the office to whom
the warrant of arrest was delivered
for execution shall cause the
warrant to be executed within ten
SEC 4. (10) days from its receipt. Within
EXECUTION OF ten (10) days after the expiration of
WARRANT the period, the officer to whom it
was assigned for execution shall
make a report to the judge who
issued the warrant. In case of his
failure to execute the warrant, he
shall state the reasons, therefore.
STEPS IN THE EXECUTION OF THE WARRANT OF ARREST
1. WHEN SHOULD A WARRANT BE EXECUTED:

Within 10 days from from its receipt

2. WHO SHALL CAUSE THE EXECUTION OF THE WARRANT

The head of the office to whom the warrant of

arrest was delivered
3. DUTY OF THE OFFICER ASSIGNED TO EXECUTE THE WARRANT

1. Within 10 days after the expiration of the

period, he shall make a report to the judge who
issued the warrant, and
2. In case, of his failure to execute the warrant, he
shall, in his report, state the reasons therefore
QUESTION:
If the arrest warrant is not served within (10)
days, must the court issue an alias warrant in
order to justify the arrest of an accused?

ANSWER:
No alias warrant of arrest is needed to make
the arrest. Unless specifically provided in the
warrant, the same remains enforceable until it
is executed recalled, or quashed. The 10-day
period provided in Rule 113 Sec 4 is only a
directive to the officer executing the warrant
to make a return to the court
 ARREST WITHOUT
SEC 5 WARRANT; WHEN LAWFUL
A peace officer or a private person may,
without a warrant, arrest a person:
A.
WHEN, IN HIS PRESENCE,
THE PERSON TO BE B.
ARRESTED HAS WHEN AN OFFENSE HAS
COMMITTED, IS ACTUALLY JUST BEEN COMMITTED C.
COMMITTING, OR IS AND HE HAS PROBABLE WHEN THE PERSON TO BE
ATTEMPTING TO COMMIT CAUSE TO BELIEVE BASED ARRESTED IS A PRISONER WHO
AN OFFENSE ON PERSONAL HAS ESCAPED FROM A PENAL
KNOWLEDGE OF FACTS OR ESTABLISHMENT OR PLACE WHERE
CIRCUMSTANCES THAT HE IS SERVING FINAL JUDGEMENT
THE PERSON TO BE OR IS TEMPORARILY CONFINED
ARRESTED HAS WHILE HIS CASE IS PENDING, OR
COMMITTED IT; AND HAS ESCAPED WHILE BEING
TRANSFERRED FROM ONE
CONFINEMENT TO ANOTHER
 VALID WARRANTLESS ARREST
1. WHEN IN THE PRESENCE OF THE ARRESTING OFFICER
OR PRIVATE PERSON, THE PERSON TO BE ARRESTED:
1. has committed
2. is actually committing, or
3. is attempting to commit a crime [Sec. 5(a)]
2. WHEN:
1. the offense has just been committed, and
2. the arresting officer has probable cause to
believe, based on personal knowledge of
facts or circumstances that the person to be
arrested has committed it [Sec. 5(b)]
3. WHEN THE PERSON TO BE ARRESTED:
1. is a prisoner who has escaped from a penal
establishment or place where he is serving
judgment, or
2. is temporarily confined while his case is
pending, or
3. has escaped while being transferred from
one confinement to another [Sec.5(c)]
4. WHEN PERSON LAWFULLY ARRESTED
1. escapes, or
2. is rescued [Sec.13];

5. FOR THE PURPOSE OF SURRENDERING THE ACCUSED

WHO IS OUT ON BAIL [Sec. 23, Rule 114]

6. WHEN AN ACCUSED RELEASED ON BAIL ATTEMPTS TO

DEPART FROM THE PHILIPPINES WITHOUT PERMISSION
OF THE COURT WHERE THE CASE IS PENDING [Sec. 23,
Rule 114].
 PROCEDURE
1. PERSONS AUTHORIZED TO MAKE WARANTLESS ARRESTS
1. A police officer or peace officer, or
2. Any private person

2. PROCEDURE AFTER ARREST IS MADE UNDER PAR. A & B:

1. The person arrested without a warrant shall
be delivered to the nearest police station or
jail, and
2. He shall be proceeded against in
accordance with Sec. 6 of Rule 112.
 SECTION 6.
Time of Making Arrest
An arrest may be made in any day and at any time of the day
or night.

SECTION 7.
Method of Arrest by Officer by Virtue of Warrant
When making an arrest by virtue of a warrant, the officer shall
inform the person to be arrested of the cause of the arrest
and the fact that a warrant has been issued for his arrest,
except when he flees or forcibly resists before the officer has
an opportunity to so inform him, or when the giving of such
information will imperil at the time of the arrest but after the
arrest, if the person arrested so requires, the warrant shall be
shown to him as soon as practicable.
HOW ARREST IS EFFECTED BY VIRTUE OF A
VALID WARRANT

1. GENERAL RULE - the officer must inform the person to be

arrested of the:

1. Cause of the arrest, and

2. fact that a warrant has been issued for his
arrest
2. EXCEPTIONS - the failure of the arresting officer to inform
him of the above is excusable when the:
1. person to be arrested flees,
2. person to be arrested forcibly resists before
the officer has the opportunity to so inform
him, or
3. giving of such information will imperil the
arrest
3. POSSESSION BY ARRESTING OFFICER OF WARRANT AT
TIME OF THE ARREST:

1. the officer need not have the warrant in his

possession at the time of the arrest, but

2. after the arrest, if the person is arrested so

requires, the warrant shall be shown to him
as soon as practicable.
 QUESTION:
May a police officer arrest a person at a
time when he does not have a copy of the
warrant in his possession?
ANSWER:
Yes, An arrest of a person with a standing warrant
may be made without the arresting officer having a
warrant in his possession. Sec. 7, Rule 113 provides
that the officer need not have the warrant in his
possession at the time of the arrest. Later, if the
person arrested so requires, the warrant shall be
shown to him as soon as practicable.
 SECTION 8.
Method of Arrest by Officer
by Virtue of Warrant

When making an arrest by virtue of a warrant, the officer

shall inform the person to be arrested of his/her authority
and the cause of the arrest, unless the latter is either
engaged in the commission of an offense, is pursued
immediately after its commission, has escaped, flees, or
forcibly resists before the officer has the opportunity to
so inform him, or when the giving of such information will
imperil the arrest. (8a)
HOW ARREST IS EFFECTED BY AN OFFICER
WITHOUT A WARRANT

1. GENERAL RULE - the officer must inform the person to be

arrested of:

1. His arresting authority, and

2. the cause of his arrest
2. EXCEPTIONS - the officer's failure to apprise the arrestee
of the above is justifies when the:

1. person to be arrested flees,

2. person to be arrested forcibly resists before the officer
has the opportunity to so inform him of the cause of his
arrest and of the fact that a warrant has been issued for
his arrest,
3. giving of such information will imperil the arrest
4. person to be arrested is then engaged in the commission
of an offense
5. person to be arrested is pursued immediately after the
commission of an offense, or
6. person to be arrested is pursued immediately after
escape
 SECTION 9.
Method of Arrest by Private
Person.
When making an arrest, a private person shall inform the
person to be arrested of the intention to arrest him and
the cause of the arrest, unless the latter is either engaged
in the commission of an offense, is pursued immediately
after its commission, or has escaped, flees, or forcibly
resists before the person making the arrest has
opportunity to so inform him, or when the giving of such
information will imperil the arrest.
 HOW ARREST IS EFFECTED BY A PRIVATE
PERSON

1. GENERAL RULE - the private person must inform the

person to be arrested of the:

1. Intention to arrest him, and

2. cause of his arrest
2. EXCEPTIONS - the private person's failure to apprise the
arrestee of the above is justified when the:

1. person to be arrested flees,

2. person to be arrested forcibly resists before the officer
has the opportunity to so inform him of the cause of his
arrest and of the fact that a warrant has been issued for
his arrest,
3. giving of such information will imperil the arrest
4. person to be arrested is then engaged in the commission
of an offense
5. person to be arrested is pursued immediately after the
commission of an offense, or
6. person to be arrested is pursued immediately after
escape
 SECTION 10.
Officer May Summon
Assistance

An officer making lawful arrest may orally summon as

many persons as he deems necessary to assist him in
effecting the arrest. Every person so summoned by an
officer shall assist him in effecting the arrest when he
can render such assistance without detriment to
himself.
ASSISTANCE WHILE ARREST IS BEING MADE

Right of the officer making a lawful arrest:

He may orally summon as many persons as he
may deem necessary to assist him in effecting
the arrest

Obligation of the person summoned:

Assist the arresting officer in effecting the arrest,
provided he can render such assistance without
detriment to himself.
 SECTION 11.
Right of Officer to Break
into Building or Enclosure

An officer, in order to make an arrest either by virtue

of a warrant, or without a warrant as provided in
section 5, may break into any building or enclosure
where the person to be arrested is or is reasonably
believed to be, if he is refused admittance thereto,
after announcing his authority and purpose.
 REQUISITES FOR BREAKING INTO
A BUILDING OR ENCLOSURE
WHEN MAKING AN ARREST
1. The person to be arrested is or is reasonably believed
to be inside said building or enclosure;
2. The arresting officer has announced his authority and
purpose; and
3. The arresing officer is refused admittance;
 SECTION 12.
Right to Break out from
the Building or Enclosure

Whenever an officer has entered the building or

enclosure in accordance with the preceding section,
he may break out therefore when necessary to
liberate himself.
RIGHT TO BREAK OUT FROM THE BUILDING
OR ENCLOSURE; REQUISITES

1. An officer has entered the building or enclosure in

accordance with Sec. 11
2. It is necessary to liberate himself
 SECTION 13.
Arrest After Escape or
Rescue
If a person lawfully arrested escapes or is rescued,
any person may immediately pursue or retake him
without a warrant at any time and in any place within
the Philippines
 EFFECTS WHEN A PERSON LAWFULLY
ARRESTED ESCAPES OR IS RESCUED

1. Any person may immediately pursue or retake him

2. No warrant is required for this purpose, and
3. This may be carried out at any time and in any place
within the Philippines
 SECTION 14.
Right of Attorney or
Relative to Visit Person
Arrested
Any member of the Philippine Bar shall, at the request of
the person arrested or of another acting in his behalf,
have the right to visit and confer privately with such
person in the jail or any other place of custody at any hour
of the day or night. Subject to reasonable regulations, a
relative of the person arrested can also eercise the same
right.
WHO HAS THE RIGHT TO VISIT THE PERSON
ARRESTED
1.Any member of the Philippine Bar:
1. At the request of person arrested or of
another acting on his behalf,
2. May confer privately with such person:
in the jail or any other place of cutody,
at any hour of the day or night
2. A relative of the person arrested, subject to
reasonable regulations
QUESTIONS?