CRIMINAL PROCEDURE
RULE 113 – ARREST
Section 1. Definition of 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.”
Section 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.
Under Section 5(a), Rule 113 of the Revised Rules on Criminal
Procedure, the officer himself witnesses the crime; while in Section
5(b) of the same, he knows for a fact that a crime has just been
committed. (Agyao v People)
Are the instances of lawful arrest without a warrant applicable
in traffic violations? – No.
Under Section 29 of R.A. 4136, or the Land Transportation and
Traffic Code, the general procedure for dealing with a traffic
violation is not the arrest of the offender, but the confiscation of the
driver’s license of the latter. (Luz v. People)
No violence or unnecessary force shall be used in making an
arrest. The person arrested shall not be subject to a greater
restraint than is necessary for his detention.”
Can the Provincial Governor order the arrest of a person
without warrant during a state of emergency? – No.
Application of actual force, manual touching of the body, physical
restraint or 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. (Sanchez v. Hon.
Demetriou)
A proclamation of a state of emergency by a provincial governor
cannot serve as legal basis for general searches and seizures,
including warrantless arrests. Even a declaration of martial law by
the President does not suspend the operation of the Constitution.
(Kulayan v. Tan)
Section 3. Duty of Arresting Officer. “It shall be the duty of the
officer executing the warrant to arrest the accused and deliver
him to the nearest police station or jail without unnecessary
delay.”
Is reliable Information a ground for a warrantless arrest? – No
Section 4. Execution of Warrant. “The head of the office to whom
the warrant of arrest was delivered for execution shall cause the
warrant to be executed within ten (10) days from its receipt.
Within ten (10) days after the expiration of 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 therefor.”
Who shall implement the warrant of arrest?
a.
Regular members of the NBI (Sec. 5, RA 157)
b. Regular members of the PNP (Sec. 2564 Rev. Adm.
Code)
c.
Court sheriffs (Sec 183(b), Rev. Adm. Code)
d. Other public officers and employees other than those
enumerated in the foregoing authorized by special laws
to execute arrest
The counting of the 10-day period will commence from the date of
actual receipt. (Comprehensive Criminal Investigation Procedure)
Section 5. Arrest without warrant; when lawful. “A peace officer
or a private person may, without a warrant, arrest a person:
Reliable Information alone is not enough to justify a warrantless
arrest. The accused must perform some overt act that would indicate
that he has committed, is actually committing, or is attempting to
commit an offense. (People v. Racho)
Is the mere act of leaving the residence of a drug peddler a
ground for warrantless arrest? – No.
The mere act of of leaving a residence of a known drug peddler is
not sufficient for a valid arrest, unless there is an overt manifestation
that the person had just engaged in, was actually engaging in or was
attempting to engage in the criminal activity of illegal possession of
shabu. (Sanchez v. People)
Is the arrest of a person who presented himself to clear his name
valid? – No
The arrest of a person who has presented himself before the police
station to clear his name and prove that he is not the accused is not
valid, as he was neither committing nor attempting to commit an
offense, and the police officers had no personal knowledge of any
offense that he might have committed. (In the Matters of Petition for
Habeas Corpus of Datukan Malang Salibo v. Warden, Quezon city
Jail)
What is the rule on arrest in summary procedure?
(a)
(b)
(c)
When, in his presence, the person to be arrested has
committed, is actually committing, or is attempting to
commit an offense;
When an offense has just been committed and he has
probable cause to believe based on personal
knowledge of facts or circumstances that the person
to be arrested has committed it; and
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 is temporarily confined
while his case is pending, or has escaped while being
transferred from one confinement to another.
In cases falling under paragraphs (a) and (b) above, the person
arrested without a warrant shall be forthwith delivered to the nearest
police station or jail and shall be proceeded against in accordance
with section 7 of Rule 112.”
What is the meaning of “personal knowledge”?
Whenever a criminal case falls under the Summary Procedure, the
general rule is that the court shall not order the arrest of the accused
unless he fails to appear whenever required. (OCA v. Hon Tormis)
Warrantless Arrest in Environmental Cases
Rules of Procedure for Environmental Cases (AM 9-6-8-SC)
Section 1. Arrest without warrant; when lawful. - A peace officer
or an individual deputized by the proper government agency
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; or
(b) When an offense has just been committed, and he has
probable cause to believe based on personal knowledge of facts
or circumstances that the person to be arrested has committed
it. Individuals deputized by the proper government agency who
are enforcing environmental laws shall enjoy the presumption
of regularity under Section 3(m), Rule 131 of the Rules of Court
when effecting arrests for violations of environmental laws.
Section 2. Warrant of arrest. - All warrants of arrest issued by
the court shall be accompanied by a certified true copy of the
information filed with the issuing court.
Can a person lawfully arrested to be searched for dangerous
weapons or anything used for the commission of the crime
without a warrant? – Yes.
Under Sec. 13, Rule 126. A person lawfully arrested may be
searched for dangerous weapons or anything which may have been
used or constitute proof in the commission of an offense without a
search warrant.
What is the rule in case of possession of computer device or
system upon lawful warrantless arrest?
Upon acquiring possession of a computer device or computer system
via lawful warrantless arrest, or by any other lawful method, law
enforcement authorities shall first apply for a warrant before
searching the said computer device or computer system for the
purpose of obtaining for forensic examination the computer data
contained therein. The warrant therefor shall be denominated as a
Warrant to Examine Computer Data (WECD). (Sec. 6.9 of Sec. 6 of
the Rules in Cybercrime Warrants)
Requisites for a valid in flagrante delicto
For a warrantless arrest of an accused caught in flagrante delicto to
be valid, two requisites must concur: (1) the person to be arrested
must execute an overt act indicating that he has just committed, is
actually committing or is attempting, or is attempting to commit a
crime: and (2) such overt act is done in the presence or within the
view of the arresting officer. (People v. Amago)
Is mere possession of marked money considered in flagrante
delicto committing a crime? – No.
Discovery of the marked money in the accused did not mean he was
caught in flagrante delicto of selling marijuana to validate his
warrantless arrest. The marked money was not prohibited per se.
(People v. Enrile)
Is place of assignment of a police officer a requirement to validly
arrest a person? – No.
His responsibility to protect the public by apprehending violators of
the law, especially one caught in flagrante delicto is not limited by
territorial constraint. It follows him wherever he goes. (People v.
Areola)
Hot pursuit – meaning of “an offense was committed in the
presence or within the plain view of a public officer”?
As the Court held in People v. Sucro, an offense is committed in the
presence or within the plain view of an officer, within the meaning
of the rule authorizing an arrest without warrant, when the officer
sees the offense, although at a distance, or hears the disturbance
created thereby and proceeds at once to the scene thereof. (People v.
Evaristo)
Requirements for Sec. 5(b) of Rule 113
Two stringent requirements before a warrantless arrest can be
effected: (1) an offense has just been committed; and (2) the person
making the arrest has personal knowledge of facts indicating that the
person to be arrested has committed it. (People v. Uyboco)
What is the scope of the exercise of discretion of the police officer
in the determination of probable cause?
In Vaporoso v. People, that the element of personal knowledge must
be coupled with the element of immediacy; otherwise, the arrest may
be nullified, and resultantly, the items yielded through the search
incidental thereto will be rendered inadmissible.
Is the arrest of the accused upon invitation of the barangay
police based on the personal gathering of information valid? –
No.
Personal gathering of information is different from personal
knowledge. (Miranda v. People)
Buy-bust operation
In a buy-bust operation, the idea to commit a crime originates from
the offender, without anyone inducing or prodding him to commit
the offense. (People v. Lean Noel Dizon)
INSTIGATION
In instigation, the instigator
induces
the
would-be
defendant into committing the
offense, and himself becomes
a co-principal.
In instigation, the law enforcer
conceives the commission of
the crime and suggests the
same to the accused who
adopts the idea and carries it
into execution.
ENTRAPMENT
In entrapment, the means
originates from the mind of
the criminal.
In entrapment, the idea to
commit the crime emanated
from the accused himself.
Is a warrant of arrest required in case of an entrapment
operation?
It is considered a valid warrantless arrest pursuant to Sec. 5(a), Rule
113 of the Rules of Court.
Who has the discretion of whether to apply for a search warrant
or conduct a buy-bust operation?
The decision whether to apply for a search warrant or to conduct
instead a buy-bust operation on any given case is a matter rightfully
addressed to the sound discretion of the police officers. (People v.
Balaquit)
Is coordination with the PDEA an indispensable requirement in
a buy-bust operation? – No.
Coordination with the PDEA is not an indispensable requirement
before police authorities may carry out a buy-bust operation. A buybust operation is not invalidated by mere non-coordination with the
PDEA. (People v. Balaquit)
What are the consequences of an invalid arrest?
(a)
(b)
(c)
The failure to acquire jurisdiction over the person of the
accused;
Criminal liability of law enforcers for illegal arrest; and
Any search incident to the arrest becomes invalid thus
rendering the evidence acquired as constitutionally
inadmissible (Veridano v. People)
When should an objection to the irregularity of arrest be made?
What is the effect of failure to object?
Any objection involving the arrest or the procedure in the acquisition
by the court of jurisdiction over the person of the accused must be
made before he enters plea, otherwise, the objection is deemed
waived. (People v. Bringcula)
As to the legality of the warrantless arrest, appellant is hereby
estopped from questioning such because it was never raise prior to
his having entered a plea of not guilty. (People v Dayrit)
Is waiver of question on the illegality of arrest considered a
waiver of admissibility of evidence? – No.
A waiver of an illegal warrantless arrest does not mean a waiver of
the inadmissibility of evidence seized during an illegal warrantless
arrest. (People v. Antonio)
What is the effect of failure to file a motion to quash on the issue
of illegality of arrest?
Having failed to move for the quashing of the Information against
them before their arraignment, appellants are not estopped from
questioning the legality of their arrest. (People v. Vasquez)
After the start of the custodial investigation, any identification of an
uncounseled accused made in a police line-up is inadmissible.
(People v Macam)
Assistance of counsel is not essential during a police line-up.
(People v. Torres) The reason is, it is conducted before the stage of
custodial investigation is reached. (De la Torre v. CA) The rule that
the identification of the accused in a police line-up without the
assistance of counsel is inadmissible has been abandoned in a
subsequent case.
Extrajudicial Confession During Custodial Investigation
Sec. 3, Rule 133
Section 3. Extrajudicial confession, not sufficient ground for
conviction. — An extrajudicial confession made by an accused,
shall not be sufficient ground for conviction, unless
corroborated by evidence of corpus delicti.
A declaration made at any time by a person, voluntarily and without
compulsion or inducement, stating or acknowledging that he has
committed or participated in the commission of a crime. (People v.
Mojica)
Remedies of the person arrested under Sec. 5(a) and (b):
(a)
(b)
Before the complaint or information is filed, the person
arrested may ask for a preliminary investigation in
accordance with the Rules, but he must sign a waiver of
the provisions of Art. 125 of the RPC, as amended, in the
presence of this counsel. Notwithstanding the waiver, he
may apply for bail and the investigation must be
terminated within 15 days from its inception.
After the filing of the complaint or information in court
without a preliminary investigation, the accused may,
within five days from the time he learns of its filing, ask
for a preliminary investigation with the same right to
adduce evidence in his defense as provided in this Rule.
Requirements of a valid waiver under Art. 125 of the RPC
1.
2.
It must be in writing;
Signed by the said person in the presence of his counsel,
otherwise it will be null and void and has no legal effect.
Corpus delicti refers to the fact if the commission of the crime
charged or to the body or substance of the crime. xxx In theft, corpus
delicti has two elements, namely: (1) that the property was lost by
the owner, and (2) that it was lost by felonious taking. (Zapanta v.
People)
Exclusionary Rule
The Bill of Rights are given and extend to all person, both aliens and
citizens. (People v. Wong Chuen Ming)
Principle of Interlocking Confessions
Extrajudicial confessions that were independently made without
collusion, are identical with each other in their material respects, and
confirmatory of the other are admissible as circumstantial evidence
against their co-accused.
What is the nature of the signature of the accused in the receipt
of the property seized?
Custodial Investigation (RA 7438)
Custodial Investigation refers to any questioning initiated by law
enforcement officers after a person has been taken into custody or
otherwise deprived of his freedom of action in any significant way.
(Jesalva v. People)
RA 7438 expanded the definition of custodial investigation to
include the practice of issuing an invitation to a person who is
investigated in connection with an offense he is suspected to have
committed, without prejudice to the liability of the inviting officer
for any violation of law. This means that even those who voluntarily
surrendered before a police officer must be apprised of their Miranda
rights. (People v. Bitancor)
When does custodial investigation start?
The rule begins to operate at once, as soon as the investigation
ceases to be a general inquiry into an unsolved crime, and direction
is aimed upon a particular suspect who has been taken into custody
and to whom the police would then direct interrogatory questions
which tend to elicit incriminating statements. (Jesalva v. People)
Assistance of Counsel During Police Line-up
The signature of the accused is tantamount to an uncounseled,
extrajudicial confession by the Bill of Rights. It is therefore,
inadmissible against him. (People v. Mauyao)
What is the effect of the extrajudicial confession made by a coconspirator if he repeats the same in court?
The extrajudicial confession or admission of one accused is
admissible only against said accused, but it is inadmissible against
the other accused. (Yapyuco v. Sandiganbayan)
When is a person arrested not covered by criminal
investigation?
As a general rule, a person arrested by virtue of warrant of arrest is
not covered by criminal investigation and must not be placed under
custodial interrogation for the obvious reason that he is already
being held accountable to the particular crime before a court of
justice.
Miranda Rights
The Miranda Doctrine, which originated in the American case of
Miranda v. Arizona, 384 US 436, requires that:
a.
b.
c.
d.
Any person under custodial investigation has the right to
remain silent;
Anything he says can and will be used against him in a
court of law;
He has the right to talk to an attorney before being
questioned and to have his counsel present when being
questioned; and
If he cannot afford an attorney, one will be provided
before any questioning is he so desires. (People v.
Cabanada)
Section 6. Time of making arrest. — An arrest may be made on
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
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 so 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 warrant shall be
shown to him as soon as practicable.
Section 8. Method of arrest by officer without warrant. — When
making an arrest without a warrant, the officer shall inform the
person to be arrested of his 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
opportunity so to inform him, or when the giving of such
information will imperil the arrest.
Is a police line-up required in effecting an arrest without
warrant? – No.
There is no law or police regulation requiring a police line-up for
proper identification in every case. (People v. Macapanas)
Will the inadmissibility of police line-up foreclose the
admissibility of in-court identification? – No.
The inadmissibility of a police line-up identification should not
necessarily foreclose the admissibility if an independent in-court
identification. (Lumanog v. People)
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 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.
Section 10. Officer may summon assistance. — An officer making
a 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.
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.
Section 12. Right to break out from building or enclosure. —
Whenever an officer has entered the building or enclosure in
accordance with the preceding section, he may break out
therefrom when 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.
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 exercise the same right.