Arrest and Detention
(Do’s and Don’ts)
WHAT is ARREST?
Arrest is the taking of a person into custody in order that he may be bound to answer
for the commission of an offense. (Sec. 1, Rule 113)
HOW ARREST is made?
In general, an arrest is made by an actual restraint of the person to be arrested, or by his
submission to the custody of the person making the arrest. 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. (Sec. 2, Rule 113 of Rules of
Court)
METHODS OF ARREST:
a. With warrant of arrest – The officer shall inform the person to be arrested of the
cause of the arrest and of the fact that a warrant has been issued for his arrest,
except when he flees or forcibly resists before the officer has opportunity to
inform him or when the giving of such information will imperil the arrest. The
officer need not have the warrant in his possession at the time of the arrest but
after the arrest, if the person arrested so requires, the warrants shall be shown to
him as soon as practicable.
b. Without warrant of arrest – The officer shall inform the person to be arrested of
his authority and the cause of his arrest, unless the person to be arrested is then
engaged in the commission of an offense or is pursued immediately after its
commission or after an escape, or flees or forcibly resists before the officer has
opportunity to inform him, or when the giving of such information will imperil
the arrest.
Warrant of Arrest – a paper containing a court order of a Judge directing a policeman to
arrest the person / persons in the warrant, to face accusations, according to a criminal
case filed against him
A warrant of arrest may be served at any day and at any time of the day or night. (Sec. 6,
Rule 113)
Guidelines for the issuance of a Warrant of Arrest
 The court only through the Judge may issue a Warrant of Arrest.
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There is a criminal case filed against the person to be arrested.
Is issued upon probable cause - the Judge issuing the warrant has sufficient
grounds, based on personal and independent inquiry into the evidence
presented by the fiscal
The person to be arrested is described in detail
WHEN IS AN ARREST WITHOUT WARRANT LAWFUL?
A peace officer or private person may arrest without warrant:
A. When, in the law enforcer’s presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense.
B. When an offense has in fact just been committed, and the officer has personal
knowledge of facts indicating 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 being transferred from
one confinement to another.
D. 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.
E. When the arrest is made by a bondsman for the purpose of surrendering the
accused.
F. Where the accused released on bail attempts to leave the country without court
permission. g. Violation of conditional pardon, punishable under Article 159 of
the Revised Penal Code as a case of evasion of service of sentence.
G. Arrest following a Deportation Proceeding by the Immigration Commissioner
against illegal and undesirable aliens. (Sec. 5, Rule 113, PNP Criminal
Investigation Manual)
DETENTION
DUTIES OF ARRESTING OFFICER (Extracted from POP)
1. The person arrested, with or without warrant, shall be informed of his
constitutional right to remain silent and that any statement he might make could
be used against him. He shall have the right to communicate with his lawyer or
his immediate family. It shall be the responsibility of the arresting officer to see
to it that this is accomplished.
2. A person arrested without a warrant shall be immediately brought to the proper
police station for investigation without unnecessary delay, and within the time
prescribed in Article 125 of the Revised Penal Code, as amended (i.e., 12, 18, or 36
hours, as the case may be), shall be subjected to inquest proceedings under
Section 7, Rule 112 of the 2000 Rules of Criminal Procedure.
- Delivery of the detained person to the proper judicial authority means
the filing of the complaint or information with the MTC or with the inquest fiscal
or prosecutor who shall then decide either to order the release of the detained
person or to file the corresponding information in court.
3. No torture, force, violence, threat, intimidation, or any other means which vitiate
the free will shall be used against an arrested person. The bringing of arrested
persons to secret detention places, solitary confinement (incommunicado) or
other forms of detention is prohibited.
4. If the person arrested without a warrant waives his right under the provisions of
Art 125 of the Revised Penal Code the arresting officer shall ensure he shall sign
a waiver of detention in the presence of his counsel of choice. If the person
arrested waives his right against self incrimination and opts to give his statement,
the arresting officer shall ensure that the waiver shall be made in writing and
signed by the person arrested in the presence of counsel of his own choice or a
competent and independent counsel provided by the government.
5. When transporting the suspect/s to the police station, be sure that no weapon/s
are retained in their persons that could be used against the arresting officer,
regardless if the person arrested is a noted criminal or not. It is also a must that
the arrested person/s be handcuffed to prevent violence
THE EFFECT IF A WARRANTLESS ARREST IS ILLEGAL?
1. The documents, things or articles seized following the illegal arrest are not
admissible in evidence. They are considered the fruits of poisonous tree.
2. The arresting person may be held criminally liable for illegal arrest. (Art. 269
RPC Unlawful Arrest)
3. The arresting officer may be held civilly liable for damages under Article 32 of
the Civil Code (Protection of individual rights)
ARREST AS RESULT OF A “BUY-BUST” OPERATION: A “buy-bust” operation is a form of entrapment which
has been repeatedly accepted to be valid means of arresting violators of Dangerous Drugs Law. It is a
means of catching a malefactor in flagrante the delicto. The police officers conducting the operation are
not only authorized but duty-bound to apprehend the violator and to search him for anything that may
have been part of or used in the commission of the crime. (PP vs. Salazar, Jan. 27, 1997)
A raid is a surprise invasion of a building or area. Legal basis. A raid must be legal, having its basis in
lawful process and conducted in a legal manner. This will be in the form of a search warrant or warrant
of arrest. The raid may be in pursuit of a person reasonably believed to be guilty of felony and when it is
known that the felony has just been committed.