ARREST, SEARCH, SEIZURE
ARREST
a. All arrest should me made only on a basis of a valid Warrant of arrest issued by a competent
authority, except in the instances where the law allows warrantless arrest.
b. No violence or unnecessary force shall be used in making an arrest, and the person to be
arrested shall not be subjected to grater restraint than what is necessary to be under the
circumtances
c. As general rule arrests can be made on any day of the week and at any time of the day or night
d. Only judges can authorized to issue warrant of arrest
e. A warrant of arrest is no longer needed if the accused is already under detention. An order of
commitment is issued by the judge in lieu of warrant of the arrest
f. The following are immune from arrest
g. 1. A senator or member of the house of the representatives while congress is in session for and
offense punishable by not more than 6 years of imorisonment and
h. 2.diplomatic agents under the Vienna convention on diplomatic relations Vienna convention on
diplomatic relations
WARRANT of ARREST
The warrant of arrest is the written authority of arresting officer when making and arrest or taking
of a person into custotudy in order that he may be bound to answer for the commission of offence
the head of the office to whom the warrant of arrest has been delivered for implementation shall
cause the warrant to be implement within ten 10 days from receipt within 10 days after the
expiration of such period the police officer to whom it was assigned for implementation shall make a
report to the judege who issued the warrant and in case of his failure to implement the asme shall
stat the reason thereof
ARREST WITHOUT A WARRANT
A peace officer or a private may, without a warrant, arrest a person:
a. When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
b. When an offense has just been committed and he has probable cause to believe, based on personal
knowledge of facts or circumstance, that the person to be arrested has committed it;
c. When the person to be arrested is a prisoner who has escaped from a penal establishment or place
where he is serving final judgment or temporarily confined while his case is pending, or has escaped
while his case is pending, or has escaped while being transferred from one confinement area to another;
d. where the accused released on bail attempts to leave country without court permission;
e. Violation of conditional pardon, punishable under Article 159 of the Revised Penal Code as a case of
evasion of service of sentence; and
f. Arrest following a Deportation Proceeding by the Immigration Commisioner against illegal and
undersirable aliens
AUTHORITY OF THE ARRESTING OFFICER WHEN MAKING ARREST
a. Police officer may summon assistance – A police officer making a lawful arrest may verbally
summon as many persons as he deems necessary to assist him in effecting the arrest
b. Right of a police officer to break into building or enclosure – A police officer in order to make an
arrest , with or without warrant, may break into a 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.
c. Right to break out from building or enclosure – Whenever a police offer has entered the building
or enclosure to make an arrest, he may break out there from, when necessary, to liberate
himself.
d. Arrest after escape or rescue – If person lawfully arrested escapes or is rescued, any person may
immediately pursue to retake him without a warrant at anytime and in any place within the
Philippines.
PROCEDURES IN SERVING WARRANT OF ARREST
a. Verity the validity of the warrant;
b. The police officer shoul introduce himself and show proper identification ;
c. If refused entry, the police officer may break into any residence, office, building, and other structur;
d. The police officer need not have a copy of the warrant in his possession at the time of the arrest. If
the person arrested so requires, the warrant shall be shown to the arrested person as soon as possible;
e. Secure the person to be arrested;
f. Conduct thorought search for weapons and other illegal materials on the person arrested and
surroundings within his immediate control;
g. Inform the person to be arrested of his rights under the Miranda Doctrine.
h. No unnecessary force shall be used in making an arrest;
i. Confiscated evidence shall be properly documented;
j. Bring the arrested person to the Police Station for documentation;
k. Make a Return of Warrant to be court and
l. Deliver the arrested person to jail/prison.
