WHAT IS

ARREST AND
HOW IS IT
MADE?
“LECTURE ON ARREST”
PRESENTED BY: 3RD MFP 2ND NVPMFC
What is Arrest?

IV.Arrest,search and seizure …

Rule 113 – Arrest

What is Arrest?
Section 1 Definition of Arrest. – Arrest is taking of
person into custody in order that he may be bound to answer
for the commission on an offense.
What is the other Definition of arrest?

 Itis the act of depriving a person of his or her liberty

usually in relation to the investigation and prevention of
crime. The term is Anglo Norman in origin and is related
to French word arrêt, meaning “stop”.
How is Arrest Made?
How Arrest is made?

Sec. 2 Arrest; how made.- 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.
How arrest is made?

Sec. 2 Arrest, how made?

“No violence or unnecessary force shall be used in making
an arrest, and the person arrested shall not be subjected to
any greater restraint than is necessary for his detention.”
DUTY TO INFORM
Cause of Arrest and Authority
The arresting officer must inform the person to be arrested of the following:

Cause of the arrest (i.e., the offense, if with a warrant, or the circumstances justifying a warrantless arrest).

That a warrant has been issued (if applicable), or the basis for a warrantless arrest.
This is in line with constitutional due process and the right to be informed of the nature and cause of one’s arrest.
EXCEPTIONS

The officer need not inform the arrestee if:

The person flees or forcibly resists arrest before the officer has an
opportunity to inform him; or
The provision of information would imperil the arrest (e.g., the suspect
is armed and dangerous, and immediate action is required to prevent
harm).
C. CONSTITUTIONAL RIGHTS UPON ARREST

Right to be Informed of Constitutional Rights (Miranda Rights)

Upon arrest (especially if this leads to custodial investigation), the arrestee
must be informed:
 That he has the right to remain silent;
 That anything he says can be used against him in court;
 That he has the right to counsel; and
 If he cannot afford a lawyer, one will be provided.
Under Philippine law, custodial investigation begins when a law enforcement
officer starts to ask questions intended to elicit admissions or confessions.
Hence, reading of Miranda rights is crucial at the start of questioning.
 Right Against Use of Involuntary Confessions
 Any confession or admission obtained in violation of these rights
is inadmissible in evidence (Article III, Section 12, 1987 Constitution).
III. ARREST WITH A WARRANT VS. WARRANTLESS ARREST
 A. ARREST WITH A WARRANT
 Requirements for a Valid Warrant
 Must be based on probable cause personally determined by the judge;
 Must particularly describe the person to be arrested;
 Must be supported by an oath or affirmation of the complainant and witnesses.
 Procedure
 Once a valid warrant is issued:
 The law enforcement officer may execute the warrant anywhere within the Philippines unless restricted by
the court.
 The officer must identify himself/herself and show the warrant (or at least inform the arrestee of the
existence of the warrant) unless providing details would imperil the arrest.
 Time of Execution
 Unlike search warrants that must generally be served during daytime, arrest warrants can be served any time
of day or night, provided the officer complies with the rules and does not abuse authority.
 Duty after Execution
 The arrested person must be brought before the issuing court without unnecessary delay.
 The officer must make a return on the warrant, detailing how it was executed and the date of arrest.
WARRANTLESS ARRESTS
 While the general rule is that no person may be arrested without a
valid warrant, the law provides exceptions found in Section 5, Rule 113:
 In Flagrante Delicto (Section 5[a])
 When the person to be arrested has committed, is actually committing, or is
attempting to commit an offense in the presence of the arresting officer.
 Requires personal knowledge on the part of the arresting officer: he must
witness the criminal act or any overt act indicating the crime is being committed.
 Hot Pursuit (Section 5[b])
 When an offense has just been committed, and 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.
 The concept of “just been committed” implies an element of immediacy or
recentness, and the officer’s inference of probable cause must be grounded on
overt facts, not mere suspicion.
 Escapee (Section 5[c])
 When the person to be arrested is a prisoner who has escaped from a
penal establishment, a place where he is serving final judgment, or is
temporarily confined while his case is pending, or while being
transferred from one confinement to another.
 Here, the legal basis is that the escapee is under an existing legal
process or custody; thus, no new warrant is necessary.
 Additional Jurisprudentially Recognized Instances
 Citizen’s Arrest: Private individuals may perform warrantless arrests
under the same circumstances (in flagrante delicto, hot pursuit, or
escape of detainees). However, they must immediately deliver the
arrested person to the nearest peace officer or judicial authority.
 Extended Hot Pursuit Doctrine: In some cases, the Supreme Court has
recognized that there can be a continuing pursuit, so long as the
pursuit is not unreasonably remote in time or circumstance.
Thank you!
For your attention