REVISED RULES ON CRIMINAL PROCEDURE
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2011 Edition
*u%e 11+ A**EST SECTION 1. Defniton o arres. – – Arrest is the taking of a person into custody in order that he may be bound to anser for the commission of an o!ense. "1# Normally, an arrest happens afer preliminary invesgaon – the case is led in court, there would be a warrant o arrest. Let’s go to some decided cases.
,AN-ANA/AN vs. CASA* !" #$%& !"" '&$(#) &$(#) (his case originat originated ed in Lanao. Lanao. (he o*ended o*ended party was ambushed ambushed in Lanao, Lanao, but he survived. survived. +ased on his descripon, descripon, there were around ! persons persons who staged staged the ambush rom both sides o the hill. -owever, he could not recognie anyone o the !. +ut he led a case against all ! ambushers, all /01-N 213#4. #o the court issued warrant o arrest against the ! /0ohn 2oes4. 5##63)
5s the warrant warrant o arrest arrest valid7 valid7 $an a court court issue a warrant warrant o arrest against against an un8nown accused7
-3L2)
N1. 5t is N1( valid. 5t is o the nature o a general warrant , one o a class o writs long proscrib proscribed ed as uncons unconstuon tuonal al and once anathem anathema aed ed as totally totally subvers subversive ive o the liberty o the sub9ect. $learly violave o the constuonal in9uncon that warrants o arrest arrest should parcularly describe describe the person or persons to be seied. (he warrant as against unidened sub9ects will be considered as null and void:
2eli8ado yan: 01-N 2137 3h 8ung a8o yung o*ended party; tawag a8ong pulis; 8ita 8o yung isang 8alaban 8o – /&yan, isang 0ohn 2oe yan:4 Nalo8o na: 5magine, pic8ing up ! people7 &ccording to the $onstuon, $onstuon, the warrant o arrest must parcularly describe the things to be seied or the person to be arrested.
,EO,0E vs. SA0ATIE**A <=> #$%& !! ?0uly <@, ""=A -3L2) -3L2)
/&ny ob9econ ob9econ involvin involving g a warran warrantt o arrest arrest or the procedure procedure in the acBuision acBuision o 9urisdicon over the person o an accused must be made beore beore he enters his plea, otherwise, the ob9econ is deemed waived.4
,EO,0E 's. 2AS,A C#eptember <, <D -3L2)
1n the validity o the warrantless arrest, along with the corresponding search and seiure, suEce it to say that any ob9econ regarding the regularity o an arrest must be made beore the accused enters his plea; otherwise, the deect shall be deemed cured by the voluntary submission by the accused to the 9urisdicon o the trial court.
SEC. $. Arres; how made. – – An arrest is made by an actua% restraint of a person to be arrested& a rrested& or by his submission to the custody of the person making the arrest. No 'io%ence or unnecessary force sha%% be used in making an arrest. The person arrested sha%% not be sub(ect to a greater restraint than is necessary for his deten)on. "$a#
LAKAS ATENISTA ATENISTA
REVISED RULES ON CRIMINAL PROCEDURE
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2011 Edition Q: &re you allowed to use violence in arresng an accused7 A: 5t depends. #econ < says /no unnecessary orce4. Feaning, i unnecessary, no violence shall be used. +ut i the person to be arrested reuses to give up, then you use orce – that is legal force.
#o, instead o surrendering, he desisted and got his gun, he wanted to 8ill the arresng oEcer, then the arresng oEcer may shoot him. (his is what we call shoot to kill . (his does not mean that you will shoot him the rst me you see him. #hoong will be done only i it is necessary. 2o not interpret it literally that you have the right to shoot him. 5t is only when necessary. (his is what you call in criminal law as “I acted in the fulllment of my duty, which is an eGempng eGempng circumstance. Q: 5s handcu* necessary during arrest7 A: N1. -andcu* is only a symbolic act showing that you are arrested.
SEC. +. Duy o arrestng ocer. – – It sha%% be the duty of the o4cer e5ecu)ng the arrant to arrest the accused and de%i'er him to the nearest po%ice sta)on or (ai% ithout unnecessary de%ay. de%ay. "+a# SEC. 3. Executon o warran. – – The head of the o4ce to hom the arrant of arrest as de%i'ered for e5ecu)on sha%% cause the arrant to be e5ecuted ithin ten "16# days from its receipt. 7ithin ten "16# days a8er the e5pira)on of the period& the o4cer to hom it as assigned for e5ecu)on sha%% make a report to the (udge ho issued the arrant. In case of his fai%ure to e5ecute the arrant& he sha%% state the reason therefore. "3a# Hhen this provision C#econ @D came out in "I!, it created a lot o conusion. #ome say the lieme o a warrant warrant o arrest is only ten CD days because the law says, /he shall cause the warrant to be eGecuted eGecuted within ten CD days rom its receipt.4 &nd then the law says, /Hithin ten CD days afer eGpiraon o the period.4 #o some said, < days. Q: Hhich is correct7 or < days7 A: +oth are wrong. (here is no such thing as lieme o a warrant o arrest. &s much as possible, when you receive it, you enorce it. Jag di ma8itaang accused, gumawa 8a ng report. +ut do not return the warrant to the issuing court. -awa8an mo yan: 'or all you 8now you might catch the accused neGt year. year. #o there is no lieme lieme or e*ecvity o a warrant o arrest.
/A0A0OAN vs. CO9*T O: A,,EA0S
;No period is provided or the enorceability o warrants o arrest, and although within ten days rom the delivery o the warrant o arrest or eGecuon a return thereon must be made made to the issuing issuing 9udge, 9udge, said warran warrantt does does not become become functus o!cio but is enorceable indenitely unl the same is enorced or recalled.4
$ompare that with search warrant. 6nder %ule <>, #econ , a search warrant shall be valid or ten CD days rom it date. (hereafer, it shall be void. 5yan: laro yan: 1nly days pag search warrant.
,EO,0E 's. -IE*A C0anuary I, <D -3L2) -3L2)
&ccusedM &ccusedMappel appellant lant claims claims that that his arrest arrest at the 3ast &venue &venue Fedica Fedicall $enter $enter on Fay @, ""> was was made without without a warra warrant. nt. (his is not true. true. -e was arres arrested ted by virtue virtue o a warrant warrant issued by the court on &pril &pril <=, ""!. ""!. -owever -owever,, as the records records show, show, the warrant o arrest was returned unserved by the arresng oEcer on 0une =, ""! as accusedMappellant accusedMappellant could not be ound. -e was nally ound ound only on Fay @, "">. Now, Now,
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2011 Edition no alias warrant o arrest is needed to ma8e the arrest. 6nless specically provided in the warrant, the same remains enorceable unl it is eGecuted, recalled or Buashed. (he tenMday period provided in %ule K, @ is only a direcve to the oEcer eGecung the warrant to ma8e a return to the court. &t any rate, accusedMappellant must be deemed to have waived his right to ob9ect thereto because he ailed to move or the Buashal o the inormaon beore the trial court, entered a plea o not guilty and parcipated in the trial. &s this $ourt has held, any ob9econ involving a warrant o arrest or procedure in the acBuision by the court o 9urisdicon over the person o an accused must be made beore he enters his plea, otherwise the ob9econ is deemed waived.
I9E2 S. CO9*T O: A,,EA0S 0une !, <" 5##63)
H1N a pending resoluon o a peon or review led with the #ecretary o 0usce concerning a nding o probable cause will suspend the proceedings in the trial court, including the implementaon o a warrant o arrest7
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N1. (he uncon o the 9udge to issue a warrant o arrest upon the determinaon o probable cause is eGclusive; thus, the conseBuent implementaon o a warrant o arrest cannot be deerred pending the resoluon o a peon or review by the #ecretary o 0usce as to the nding o probable cause, a uncon that is eGecuve in nature. (o deer the implementaon o the warrant o arrest would be an encroachment on the eGclusive prerogave o the 9udge.
SEC. <. Arres wihou warran; when lawul. – A peace o4cer or a pri'ate person may& ithout a arrant& arrest a person= "a# 7hen& in his presence& the person to be arrested has commi>ed& is actua%%y commi?ng& or is a>emp)ng to commit an o!ense@ "b# 7hen an o!ense has (ust been commi>ed and he has probab%e cause to be%ie'e based on persona% kno%edge of facts or circumstances that the person to be arrested has commi>ed it@ and "c# 7hen the person to be arrested is a prisoner ho has escaped from a pena% estab%ishment or p%ace here he is ser'ing na% (udgment or is temporari%y conned hi%e his case is pending& or has escaped hi%e being transferred from one connement to another. In cases fa%%ing under paragraphs "a# and "b# abo'e& the person arrested ithout a arrant sha%% be forthith de%i'ered to the nearest po%ice sta)on or (ai% and sha%% be proceeded against in accordance ith sec)on B of *u%e 11$. "
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2011 Edition Now, there are three CKD instances menoned in #econ ! or a valid warrantless arrest) ?aA, ?bA and ?cA. (he most amous is the rst two – ?aA and ?bA. (he third one ?cA is not really complicated – when a person being arrested is an escapee – di na 8ailangan ang warrant, hulihin mo na lang yan:
,EO,0E 's. /O0INA C'ebruary ", <D -3L2)
&s a rule, an arrest is considered legimate i e*ected with a valid warrant o arrest. (he %ules o $ourt, however, recognies permissible warrantless arrests. (hus, a peace oEcer or a private person may, without warrant, arrest a person) CaD when, in his presence, the person to be arrested has commiRed, is actually commiOng, or is aRempng to commit an o*ense Carrest in $agrante delictoD; CbD when an o*ense has 9ust been commiRed and he has probable cause to believe based on personal 8nowledge o acts or circumstances that the person to be arrested has commiRed it Carrest e*ected in hot pursuitD; and CcD when the person to be arrested is a prisoner who has escaped rom a penal establishment or a place where he is serving nal 9udgment or is temporarily conned while his case is pending, or has escaped while being transerred rom one connement to another Carrest o escaped prisonersD.
(he most controversial are the rst two) ?aA and ?bA. &nd ?bA is more controversial than ?aA. He can call paragraph ?aA as arrest in$agrante delicto. Jaragraph ?bA, they call it hot pursuit arrest. Q: Hhy is it that the law authories an arrest without warrant7 A: &s eGplained by the #$ in the case o
9/I0 vs. *A/OS I= #$%& K -3L2)
/(o hold that no criminal can, in any case, be arrested and searched or the evidence and to8ens o his crime without a warrant, would be to leave society, to a large eGtent, at the mercy o the shrewdest, the most eGpert, and the most depraved o criminals, acilitang their escape in many instances.4 ?#o, it would be a worse situaon wherein you cannot do anything precisely because you have no warrant. #omething is wrong there.A
IN :0A-*ANTE E0ICTO A**EST (he rst instance o a valid warrantless arrest, paragraph ?aA)
"a# 7hen& in his presence& the person to be arrested has commi>ed& is actua%%y commi?ng& or is a>emp)ng to commit an o!ense@ laro yan, sa harap mo: aya nga in $agrante delicto arrest. &nd when you say “in his presence, 8ailangan ba talagang right in ront o you7 -alimbawa, mga meters away7 Now, there was a case in Lanao del Norte when this provision came out in "I!. (here was a barangay esta somewhere. (here were many people and there was a policeman. &ll o a sudden, may sigawan, “AAA%%& AA%& (a8bo ang pulis. (hen he saw on the street somebody down, lying on the ground with blood. &nd running away was somebody with a 8nie. “'un&'un ang nagsaksak& Joliceman) “(a man nako nakita, hindi ako makaaresto& Fy golly: (here’s something wrong with this policeman. -indi man 8ailangan na literal na na8ita mo ang pagsa8sa8: Hhen 5 heard about the case, there is something wrong with this policeman. #abi niya, “under the law, )in his presence#, eh pag dang ko, tapos na eh. %indi ko nakita&
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2011 Edition 5n ""<, there was a similar situaon happened in the case o ,EO,0E vs. EA*ISTO <> #$%& @K 5##63)
Hhat do you mean by “in his presence* 5s it literal7
-3L2)
/&n o*ense is commiRed in the presence or in the view o an oEcer within the meaning o the rule authoriing an arrest without a warrant when an oEcer sees the o*ense although at a distance, or hears the disturbance or disturbances created thereby and proceeds at once to the scene o the crime.4
#o, 8ahit hindi niya na8ita, when he hears the disturbance, punta siya 8aagad – sll, within the meaning o this rule, and covered by paragraph ?aA.
,EO,0E 's. A09NA 0une , <= '&$(#) (he 5ntelligence #econ o the Jrov. 1Ece o the Ft. Jrovince received the inormaon someme in Fay <, and accusedMappellant was arrested without a warrant during the police raid at the plantaon at Ft. $huryon, #adanga, only on K &ugust < afer a series o validaons conducted by the team to veriy or conrm the report that indeed a mari9uana plantaon eGisted at the area and afer an operaon plan was ormed. Hhen the arresng team proceeded to the mari9uana plantaon they saw the accused personally cuOng and gathering mari9uana plants. (he accused assails his convicon or being improper and illegal and asserts that the court a Buo never acBuired 9urisdicon over his person because he was arrested without a warrant and that his warrantless arrest was not done under any o the circumstances enumerated in #econ !, %ule K o the "I! %ules o $ourt. -e insists that the arresng oEcers had three months within which to secure a warrant rom the me they received the inormaon about an eGisng mari9uana plantaon unl they e*ected his arrest. -e also maintains that the ailure to secure a warrant can never be 9used by the urgency o the situaon. 5##63)
H1N the warrantless arrest was valid7
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S3#. #econ !CaD provides that a peace oEcer or a private person may, without a warrant, arrest a person when, in his presence, the person to be arrested has commiRed, is actually commiOng, or is aRempng to commit, an o*ense. #econ !CaD reers to arrest in Tagrante delicto. 5n Tagrante delicto means caught in the act o commiOng a crime. (his rule, which warrants the arrest o a person without warrant, reBuires that the person arrested has 9ust commiRed a crime, or is commiOng it, or is about to commit an o*ense, in the presence or within view o the arresng oEcer. 5n this case, when the arresng team proceeded to the mari9uana plantaon they saw the accused personally cuOng and gathering mari9uana plants. (hus, accused’s arrest on was legal, because he was caught in Tagrante delicto; that is, the persons arrested were commiOng a crime in the presence o the arresng oEcers. (he $ourt held that when a police oEcer sees the o*ense, although at a distance, or hears the disturbances created thereby, and proceeds at once to the scene thereo, he may e*ect an arrest without a warrant on the basis o #ec. !, par. CaD, %ule K o the %ules o $ourt as the o*ense is deemed commiRed in his presence or within his view. 5n essence, #ec. !, par. CaD, %ule K, reBuires that the accused be caught in Tagrante delicto or caught in the act o commiOng a crime.
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2011 Edition (he $ourt held that any ob9econ involving a warrant o arrest or the procedure or the acBuision by the court o 9urisdicon over the person o the accused must be made beore he enters his plea; otherwise, the ob9econ is deemed waived.
DOT ,9*S9IT A**EST Now, the most controversial is yung pangalawa, the soMcalled hot pursuit arrest – #econ ! ?bA)
"b# 7hen an o!ense has (ust been commi>ed and he has probab%e cause to be%ie'e based on persona% kno%edge of facts or circumstances that the person to be arrested has commi>ed it@ -istory o #econ ! ?bA) (his paragraph ?bA is the one which 8eeps on changing. (he original language in the ">@ %ules is “when there is reasona+le ground to +elieve that the person to +e arrested has commied the crime which is a very controversial phrase – reasona+le ground to +elieve – but the crime is not commiRed in your presence. (hey amended it in "I!, 9ust immediately beore this amendment, “when an o-ense has ust +een commied, and the arresng o!cer has personal knowledge of facts indicang that the person to +e arrested has commied it. #abihin nan, what is the di*erence between ?aA and ?bA7 – because in ?aA the crime is commied in your presence, the person to +e arrested has commied, or is actually commi/ng, di ba personal 8nowledge man din yun7 Hhat is ?bA7 &ctually in ?bA, the phrase“personal knowledge does not mean you saw the crime, otherwise it will be in ?aA already. 5t is personal 8nowledge, not on what crime was commiRed, but o acts indicang that the person to be arrested has commiRed it. &nd what does that mean7 5n the case o
9/I0 vs. *A/OS << #$%&
/Jersonal 8nowledge o acts in arrests without warrants must be based upon probable cause which means an actual belie or reasonable grounds o suspicion. & reasonable suspicion must be ounded upon probable cause coupled with good aith on the part o the peace oEcers ma8ing the arrest.4
,EO,0E 's. O*IA C0anuary <<, """D -3L2)
Jersonal 8nowledgeU o acts in arrests without warrant under #econ ! CbD o %ule K must be based upon Uprobable causeU which means an Uactual belie or reasonable grounds o suspicion.U (he grounds o suspicion are reasonable when, in the absence o actual belie o the arresng oEcers, the suspicion that the person to be arrested is probably guilty o commiOng the o*ense, is based on actual acts, i.e., supported by circumstances suEciently strong in themselves to create the probable cause o guilt o the person to be arrested. & reasonable suspicion thereore must be ounded on probable cause, coupled with good aith on the part o the peace oEcers ma8ing the arrest.
San lang: #o it is not really that you saw it, but it is based upon probable cause which means an actual belie or reasonable grounds o suspicion that is ounded on probable cause coupled with good aith on the part o the peace oEcers.
,EO,0E 's. ESCO*IA0 C0anuary >, <
(he Bueson is whether these cases all under paragraph CbD because the police oEcers had personal 8nowledge o acts and circumstances that would lead them to believe that accusedMappellant had 9ust commiRed a crime. (he phrase /personal 8nowledge4 in
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2011 Edition paragraph CbD has been dened in this wise) Jersonal 8nowledge o acts in arrests without a warrant under #econ !CbD o %ule K must be based upon /probable cause4 which means /an actual belie or reasonable grounds o suspicion.4 (he grounds o suspicion are reasonable when, in the absence o actual belie o the arresng oEcers, the suspicion that the person to be arrested is probably guilty o commiOng the o*ense is based on actual acts, i.e., supported by circumstances suEciently strong in themselves to create the probable cause o guilt o the person to be arrested. & reasonable suspicion thereore must be ounded on probable cause, coupled with good aith on the part o the peace oEcer ma8ing the arrest. CJosadas vs. 1mbudsman K@ #$%& KIID (hat’s why when 5 read the eGplanaon 5 thin8 there is no di*erence between this and the prior rule because the ">@ %ules is “ 0easona+le ground 4, the "I! %ules is “pro+a+le cause +ased on reasona+le suspicion – di ba ganun din7 &nd maybe the #$ elt that there is no di*erence between the >@ and I! %ules, they came now with another change in phraseology – “when an o-ense has ust +een commied and he has pro+a+le cause to +elieve +ased on personal knowledge of facts or circumstances that the person to +e arrested has commied it. #o my conclusion, the language now is a combinaon o the ’>@ and ’I! %ules but they mean the same. Now, this is one o the hardest areas in %ule K because there might be a problem – ganito ang nangyari) ganito, ganyan, ganun. &nd then, “was there a valid warrantless arrest* +oth sides can be deended eh based on this guideline) you could be literal or you could be liberal. 5 you are literal, patayang arresng oEcer – there is not valid arrest. +ut i you are liberal, the oEcers have perormed his duty properly. (hat is why my advise in this aspect is this) read as many cases that you 8now about this issue because chances are when the eGaminer will compose a problem based on this, he will really paRern it afer one case otherwise he will be lost also along the way. #o, mas marami 8ang nabasa, mas madaling ma8ilala, “1y& Ito mang yung case ni ganito& Feaning, chances are maunawaan mo. #o the more cases you read, the beRer. (he best is to loo8 or the case which is closest as possible to the acts o the problem. &lright. Let’s go over the cases.
,EO,0E vs. 9*-OS @@ #$%& 5##63)
5n case o doubt, to whom it should be resolved7 in avor o the arresng oEcer or against him the accused7
-3L2)
(he doubt should be resolved against the peace oEcer because it is the constuonal right o a person not to be arrested without a warrant but in some instances, he can be arrested without a warrant. #o in case o doubt, you always interpret the rule in avor the general rule, not in avor o the eGcepon. /(he right o a person to be secured against any unreasonable seiure o his body and any deprivaon o his liberty is a most basic and undamental one. (he statute or rule which allows eGcepons to the reBuirement o warrants o arrest is strictly construed. &ny eGcepon must clearly all within the situaons when securing a warrant would be absurd or is maniestly unnecessary as provided by the %ule. He cannot liberally construe the rule on arrest without warrant or eGtend its applicaon beyond the cases specically provided by law. (o do so would inringe upon personal liberty and set bac8 a basic right so ofen violated and so deserving o ull protecon.4
,EO,0E vs. *A/OS I> #$%& I@ ?""A '&$(#) &n inormaon apprised some police oEcers o the presence o a drug pusher in the corner o Krd %ial #treet, 1longapo $ity. &ctually, they were poinng to a cigareRe vendor – a woman selling cigareRe. &cng on such inormaon, and in the presence o
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2011 Edition the police oEcers, the superior oEcer gave the inormant mar8ed money. &fer to ! minutes the inormant turned over to them two sc8s o mari9uana. (he inormant was given mar8ed money to purchase again. -e returned with another two sc8s o mari9uana. (he police then e*ected the arrest o the woman. 5##63)
Has the arrest valid7 2id they act on personal 8nowledge7 2id they see the inormant buy the mari9uana7
-3L2)
Harrantless arrest is V&L52. /'rom the above acts, it may be concluded that the arresng police oEcers had personal 8nowledge o acts implicang the appellant with the sale o mari9uana to the inormantMposeur buyer. He hold thereore that the arrest was legal and the conseBuent search which yielded < sc8s o mari9uana was lawul or being incident to a valid arrest.4 /(he obligaon to ma8e an arrest by reason o a crime does not presuppose as a necessary reBuisite or the ulllment thereo the indubitable eGistence o a crime.4 Feaning, it is necessary that the authority ma8ing the arrest has reasonably suEcient grounds to believe the eGistence o an act having the characteriscs o a crime and that the same grounds eGist to believe that the person sought to be detained parcipated therein. 5t was already personal 8nowledge and it was construed in avor o warrantless arrest.
5n N&W&%3N1 vs. #(&(51N $1FF&N23% CI= #$%& K
NA2A*ENO vs. STATION CO//ANE* I= #$%& K< '&$(#) 5n the early morning o 2ecember @, "II, one %omulo +unye 55 was 8illed by a group o men in &labang, Funnlupa, FF. 1ne o the suspects in the 8illing was %amil %egala who was arrested by the police on 2ecember
Has the arrest valid7 Hhen an o*ense has 9ust been commiRed. Hhat is “ust +een commied 7 hour ago7 ! hours ago7 <@ hours ago7 -ow soon was /9ust47
-3L2)
5t was a V&L52 warrantless arrest. /3vidently, the arrest o Naareno was e*ected by the police without warrant pursuant to #ec. ! CbD, %ule K, %ules o $ourt afer he was posively implicated by his coMaccused %amil %egala in the 8illing o %omulo +unye 55; and afer invesgaon by the police authories. &s held in 2eople vs. Ancheta: /(he obligaon o an agent o authority to ma8e an arrest by reason o a crime, does not presuppose as a necessary reBuisite or the ulllment thereo, the indubitable eGistence o a crime. 'or the detenon to be perectly legal, it is suEcient that the agent or person in authority ma8ing the arrest has reasonably suEcient grounds to believe the eGistence o an act having the characteriscs o a crime and that the same grounds eGist to believe that the person sought to be detained parcipated therein.4
3usce #armiento dissented because < wee8s cannot be considered as X9ust been commiRed,’ /Harrantless arrest may be eGercised only in most urgent cases and when the guilt o the o*ender is plain and evident.4 ,EO,0E vs. CENAFA " #$%& !KI
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2011 Edition '&$(#) & person was 8illed and based on police sources, the 8iller is $endaYa. Hithout a warrant, they arrested the suspect. 5##63)
Has there a valid warrantless arrest7
-3L2)
(he accused was arrested one day afer the 8illing o the vicm and only on the basis o the inormaon obtained by the police oEcer. (he above circumstances clearly show that there was a valid warrantless arrest.
,EO,0E vs. A0A*E2 < #$%& K>@ '&$(#) & cadaver was ound in Jalasan $emetery in Valenuela, FF. 5t was believed that a group o addicts 8illed the unidened person. (he ollowing day, while %onald &lvare, and two o his riends, were having their conversaon. &lvare was bragging about how he 8illed the vicm. (he ather o &lvare, a rered policeman, overheard them and went to the police staon and told the police) /5 thin8 you beRer arrest my son:4 1n the basis o his inormaon, the policemen when to the house o the accused and without a warrant arrested the young &lvare. 5##63)
Hhether or not there was personal 8nowledge so as to ma8e the warrantless arrest lawul.
-3L2)
Harrantless arrest was V&L52. /6nder %ule K, #econ > o the ">@ $riminal Jrocedure, a warrantless arrest can be e*ected by a peace oEcer or private person when an o*ense has, in act, been commiRed and said peace oEcer or private person has reasonable ground to believe that the person to be arrested has commiRed it.4 /5n the instant case, it was the elder &lvare who iniated the arrest a day afer the crime was commiRed. -aving been once a policeman, he may be said to have been eBuipped with 8nowledge o crime detecon. &nd having had the opportunity to observe the conduct o the three accused, who were at his house the whole day ollowing the commission, it is logical to iner that his act o going to the police, inorming them that three accused were the perpetrators o the crime and even etching them to ma8e the arrest sprang rom a wellMgrounded belie that a crime had been commiRed and that accused had commiRed it. 5n this regard, the arrests without a warrant were validly e*ected.4
,EO,0E vs. *IONES << #$%& =I '&$(#) 5n the evening o &pril
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Hhether or not the warrantless arrest o the accused is valid.
-3L2)
(he arrest was unlawul originally but it was cured. /5t is uneBuivocally clear that no valid arrest was made on the accusedMappellants, the arrest having been made without any warrant at all. Neither can the appellantsZ arrest Bualiy as a lawul arrest without a warrant under #ec. ! CbD o %ule K o the %ules on $riminal Jrocedure because the police oEcer who e*ected the arrest indubitably had no personal 8nowledge o acts indicang that the person to be arrested has commiRed the crime. 5t is eyewitnesses 'rancisco who had such personal 8nowledge. 5n sum, thereore, the warrantless arrest o the appellants is illegal.4 /Nevertheless, such unavailing technicality cannot render all the other proceedings, including the convicon o the accused, void. 5t cannot deprive the state o its right to convict the guilty when all the acts on record point to their culpability. 5n this regard, the case o e Asis '. *omero , @ #$%&
,EO,0E vs. TONO-& G*. <! #$%& ==< '&$(#) 1n &pril ) a.m., the 2umaguete $ity Jolice #taon, received a report that there was a lieless body ound in the crossing. (he deceased, who bore stab wounds all over his body, was later idened as 3ren 'lores, son o the 2eputy #taon $ommander o the 2umaguete $ity Jolice 'orce. (hat same morning, a police oEcer, Jatrolman Halter Leguarda, went to the scene o the crime and conducted an invesgaon. -is invesgaon revealed that the assailant was certain &bdul (onog o Negros 1riental. (he police invesgator based his conclusion principally rom the inormaon given to him by one Liberato#olamillo. -e was also inormed by the girlriend o (onog’s coMaccused that prior to the stabbing incident, there were grudges between 'lores and (onog. 5n the afernoon o that same day, the police invesgator, together with other police operaves oEcer, without a warrant, proceeded to Negros 1riental, to loo8 or (onog, who, upon being invited or Buesoning, voluntarily went with the law enorcers to the police staon, unaccompanied by counsel. 1n their way to the police staon, one o the policemen noced the presence o blood stains on the pants o the accused. when as8ed where the stains came rom, the laRer allegedly answered that they were blood stains rom a pig. (his pants was submiRed or eGaminaon at the J$[5NJ $rime Laboratory. &t the police staon, the accused cried and
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2011 Edition loo8ed or the #taon $ommander. -e then conessed to the 15$ o the police staon, which conession was not recorded nor reduced to wring. #ubseBuently, (onog, along with three others, was charged with murder. &fer trial, the court a Buo re9ected the eGtraM9udicial conession o the accused as the laRer was not represented by counsel and because the same had not been reduced to wring. Nonetheless, on the basis o circumstanal evidence, it rendered a 9udgment o convicon. 5##63)
Hhether or not the warrantless arrest was lawul.
-3L2)
Harrantless arrest was V&L52. /Hhile it is true that the police oEcers were not armed with a warrant when they apprehended accused, the warrantless arrest, however, was 9used under #econ !CbD, %ule KK o the "I! %ules o $riminal Jrocedure providing that a peace oEcer may, without a warrant, arrest a person Uwhen an o*enses has in act 9ust been commiRed, and he has personal 8nowledge o acts indicang that the person to be arrested has commiRed it.4 /5n this case, Jat. Leguarda, in e*ecng the arrest o &ccusedMappellant, had 8nowledge o acts gathered by him personally in the course o his invesgaon indicang that &ccusedMappellant was one o the perpetrators.4
-O vs. CO9*T O: A,,EA0S <> #$%& KI ?"" days afer the shoongD, Po presented himsel beore the #an 0uan Jolice #taon to veriy news reports that he was being hunted by the police; he was accompanied by two C
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Hhether or not the warrantless arrest o %olito Po was valid.
-3L2)
(he warrantless arrest was N1( V&L52 because they did not see the 8illing. Po’s arrest too8 place siG C>D days afer the shoong o Faguan. (he arresng oEcers obviously were not present, within the meaning o #econ !?aA, at the me Po had allegedly shot Faguan. Neither could the arrest e*ected siG C>D days afer the shoong be reasonably regarded as e*ected Xwhen ?the shoong hadA in act 9ust been commiRed’ within the meaning o #econ ! ?bA.4 /Foreover, none o the arresng oEcers had any Xpersonal 8nowledge’ o acts indicang that Po was the gunman who had shot Faguan. (he inormaon upon which the police acted had been derived rom statements made by alleged eyewitnesses to the shoong MM one stated that Po was the gunman; another was able to ta8e down the alleged gunmanZs carZs plate number which turned out to be registered in Po’s wieZs name. (hat inormaon did not, however, constute /personal 8nowledge.4
,EO,0E vs. /A*IA-A < #$%& >"I '&$(#) %olando Fadriaga was arrested or selling mari9uana in a buyMbust operaon in $aloocan. Hhen as8ed by the police, Jat. Lechido, who acted as poseurMbuyer, where he got the stu*, Fadriaga answered that the same came rom a certain 1rlando. Fadriaga pointed to the police a man, standing some = to meters away rom where he was apprehended, as the source o the stu*. (he man was then arrested. 'ound in his wallet was the mar8ed JMbill. -owever, at the me o the arrest he was not selling mari9uana. Hhen Bueried, the man answered that the money came rom the other accused, %oland Fadriaga and that he got the money rom the man who gave his name as %olando Jangilinan. 5n an inormaon led with the %($ o $aloocan $ity, accused %olando Fadriaga and %olando Jangilinan were charged with the violaon o 2angerous 2rugs &ct. &fer each o them entered a plea o not guilty during arraignment, trial on merits ensued. &fer trial, the court a Buo promulgated a 9udgment o convicon. &ccused led a noce o appeal. 5##63)
Hhether or not the warrantless arrest o both accused was valid.
-3L2)
Harrantless arrest was V&L52. /(he arrest o both accused was validly e*ected under paragraphs CaD and CbD, #econ !, %ule K o the %evised %ules o $ourt. /&ccused %olando Fadriaga was arrested in $agrante delicto; he was apprehended while in the act o giving the mari9uana to Jat. Lechido, the poseur buyer. &s such, his arrest, e*ected pursuant to paragraph CaD o the aoresaid #econ !, was valid. 'urthermore, the search conducted on his person was li8ewise valid because it was made as an incident to a valid arrest in accordance with #econ <, %ule <> o the %evised %ules o $ourt. /(he warrantless arrest o the other accused %olando Jangilinan alls under paragraph CbD, #econ !, %ule K o the %evised %ules o $ourt. Jat. Lechido, as the poseur buyer in the buy bust operaon, had personal 8nowledge that an o*ense – the sale to him by Fadriaga o the mari9uana M had in act been commiRed. -e also had personal 8nowledge o acts indicang that Jangilinan was the source o the prohibited drug by virtue o the inormaon given to him by Fadriaga to this e*ect. (hus, the arrest o accused Jangilinan was li8ewise valid. $onseBuently, the search o JangilinanZs body incident to his valid arrest was also valid. (he evidence obtained rom the search is,
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,EO,0E vs. /ONA& G*. <
Harrantless arrest N1( valid. /5t is interesng to note that the appellants were arrested without a warrant despite the act that three days had elapsed rom the date o the ambush to their arrest. (heir apprehension may accordingly not be considered as 9used by #econ !?bA o %ule K. 5 it were true that thee prosecuon witnesses were able to ideny appellants during the ambush due to their disnguishing mar8s as they claimed, it would have been easy or them to secure a 0ohn 2oe warrant using appellant’s alleged /disnguishing mar8s4 as their discripo personae which would enable the arresng oEcer to serve the same inallibly.4
,EO,0E 's. *A*A C'ebruary , ""!D -3L2)
& policeman cannot callously set aside his essenal duty o apprehending criminal o*enders and o 8eeping peace and order on the shallow eGcuse that he is not in his place o assignment. -is responsibility to protect the public by apprehending violators o the law, especially one caught in $agrante delicto is not limited by territorial constraints. 5t ollows him wherever he goes. Foreover, #ec. !, par. CaD, %ule K, o the %evised %ules on $riminal Jrocedure authories a warrantless arrest, otherwise called a cienZs arrest, Uwhen, in his presence, the person to +e arrested has commied, is actually commi/ng, or is aempng to commit an o-ense .U (hus, although oEcially assigned in +aguio $ity, Lt. &nchetaZs act o arresng accusedMappellant Cafer the laRer o*ered to sell him mari9uana in #an 'ernando, La 6nionD is 9used not only by his duty as a law enorcer but also by #ec. ! o %ule K, which authories instances o warrantless or ciensZ arrests.
SANCDE2 vs. E/ET*IO9 <<= #$%& ><= ?""KA '&$(#) 1n &ugust <, ""K, JNJ $ommander %eG Jian issued an invitaon to Fayor #anche o $alauan, Laguna reBuesng hem to appear or an invesgaon at $amp Vicente Lim. (he alleged invitaon was served to #anche on &ugust K in the morning and he was immediately ta8en to the said camp. & conrontaon was made on the same day and #anche was idened by two witnesses in their eGtra9udicial conession. (he two implicated #anche as principal in the slaying o &ileen #armienta and &llan Pome. (hen he was arrested. #o #anche Buesoned the arrest. -e was actually detained and there immediately a case was led against him. 5##63)
Hhether the arrest was valid.
-3L2)
Harrantless arrest not valid +6( the deect was cured when the case was led in court. /(he original warrantless arrest o the peoner was doubtless illegal. Nevertheless, the %egional (rial $ourt lawully acBuired 9urisdicon over the person o the peoner by virtue o the warrant o arrest it issued on &ugust <>, ""K against him and the other accused in connecon with the rapeMslay cases. 5t was belated, to be sure, but it was nonetheless legal.4 /3ven on the assumpon that no warrant was issued at all, we nd that the trial court sll lawully acBuired 9urisdicon over the person o the peoner. (he rule is that i the accused ob9ects to the 9urisdicon o the court over his person he may move to Buash the inormaon, but only on that ground. 5, as in this case, the accused raises other grounds in the moon to Buash, he is deemed to have waived that ob9econ and to have
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2011 Edition submiRed his person to the 9urisdicon o the court.4 &ctually the same thing happened to one o my clients. -e was invited at the police staon. (here was an invitaon leRer. 5 advised him not to accept the invitaon. #o he told the police oEcer, “I decline to accept the invitaon. According to my lawyer, I have another party to aend to. Sun ang palusot niya: Fahirap itong ganitong 8lase ng invitaon. #abagay, ba8it 8a naman imbitahin dun7 Jara magMinuman dun7 Fy golly: (he ruling in 4anche" was reiterated in the case o
0A**ANA-A vs. CO9*T O: A,,EA0S
/He held in 4anche" v. 5emetriou that the ling o charges and the issuance o the warrant o arrest against a person invalidly detained will cure the deect o that detenon or at least deny him the right to be released because o such deect.4
,EO,0E vs. /AN0909
/(he 8illing too8 place at one oZcloc8 in the morning. (he arrest and the conseBuent search and seiure came at around seven oZcloc8 that evening, some nineteen C"D hours later. (his instance cannot come within the purview o a valid warrantless arrest. Hhile Jatrolman Jere may have personally gathered the inormaon which led to the arrest o Fanlulu, that is not enough. (he law reBuires Upersonal 8nowledge.U 1bviously, Upersonal gathering o inormaonU is di*erent rom Upersonal 8nowledge.U (he rule reBuires that the arrest immediately ollows the commission o the o*ense, not some nineteen C"D hours later.4
,EO,0E vs. A-9STIN <@ #$%& !@ ?""!A -3L2)
Harrantless arrest N1( valid. /(he appellant was pic8ed up on 'ebruary "I= by military men in Jangasinan without a warrant or his arrest. #ince the crimes with which the appellant was charged were allegedly commiRed on > #eptember "I> or more than ve months earlier, no arrest without a warrant could have been legally and validly e*ected.4
,EO,0E vs. /ONTI00A
/(he evidenary measure or the propriety o ling criminal charges and, correlavely, or e*ecng a warrantless arrest, has been reduced and liberalied. 5n the past, our statutory rules and 9urisprudence reBuired prima facie evidence, which was o a higher degree or Buantum. (hose problems and conusing concepts were claried and set aright by the "I! amendment o the %ules o $ourt which provides in %ule < thereo that the Buantum o evidence reBuired in preliminary invesgaon is such evidence as suEces to /engender a well ounded belie4 as to the act o the commission o a crime and the respondentZs probable guilt thereo. 5t should, thereore, be in that sense, wherein the right to e*ect a warrantless arrest should be considered as legally authoried.4
5n the case o 6onlla, the standard o the scal to le a case is probable cause. #o to e*ect a warrantless arrest, pareho din – probable cause: 6nli8e beore, it is prima facie – ibayan: (hat is a higher degree. &lam mo ba
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2011 Edition ang prima facie* 2rima 7acie means the evidence by itsel, i unrebuRed can already convict you. Hhereas pro+a+le cause, <\ lang you are probably guilty. 2ro+a+le cause to determine whether you should be indicted under %ule <. 2ro+a+le cause or the 9udge to issue a warrant afer the inormaon is led. Now in %ule K, pro+a+le cause to determine whether there is a valid warrantless arrest. &nd then when you reach %ule <>, the standard or valid warrantless search and seiure – pro+a+le cause na naman:
AI S A**OO P.%. No. =K">C 5avid et al.D -3L2)
(he $onstuon provides that Uthe right o the people to be secured in their persons, houses, papers and e*ects against unreasonable search and seiure o whatever nature and or any purpose shall be inviolable, and no search warrant or arrant of arrest shall issue eGcept upon probable cause to be determined personally by the 9udge afer eGaminaon under oath or aErmaon o the complainant and the witnesses he may produce, and parcularly describing the place to be searched and the persons or things to be seied.U(he plain import o the language o the $onstuon is that searches, seiures and arrests are norma%%y unreasonable unless authoried by a validly issued search warrant or warrant o arrest. (hus, the undamental protecon given by this provision is that between person and police must stand the protecve authority o a magistrate clothed with power to issue or reuse to issue search warrants or warrants o arrest. 5n the +rie &ccount submiRed by peoner 2avid, certain acts are established) rst, he was arrested without warrant; second, the JNJ operaves arrested him on the basis o JJ =; third, he was brought at $amp aringal, Queon $ity where he was ngerprinted, photographed and boo8ed li8e a criminal suspect; fourth,he was treated brusBuely by policemen who Uheld his head and tried to push himU inside an unmar8ed car; 8h, he was charged with Violaon o atas ,ambansai%ang No. HH6 and Inci)ng to Sedi)on ; si9th, he was detained or seven C=D hours; and seventh,he was eventually released or insuEciency o evidence.
#econ !, %ule K o the %evised %ules on $riminal Jrocedure provides) #ec. !. Arres wihou warran; when lawul . M & peace oEcer or a private person may, without a warrant, arrest a person) "a# Hhen, in his presence, the person to be arrested has commiRed, is actually commiOng, or is aRempng to commit an o*ense. "b# Hhen an o*ense has 9ust been commiRed and he has probable cause to believe based on personal 8nowledge o acts or circumstances that the person to be arrested has commiRed it; and G GG. Neither o the two C
AITIONA0 INSTANCES O: A0I 7A**ANT0ESS A**ESTS Now there are instances where there could be a valid warrantless arrest in addion to #econ ! o %ule K.
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2011 Edition (hese instances are the ollowing) . #econ K, %ule K) /5 a person lawully arrested escapes or is rescued, any person may immediately pursue or reta8e him without a warrant at any me and in any place within the Jhilippines.4 <. #econ ahala na kayo sa kanya. Ayoko na& &nd he will be released rom responsibility. K.
#econ
/&n accused released on bail may be reMarrested without the necessity o a warrant i he aRempts to depart rom the Jhilippines without permission o the court where the case is pending.4 #o, accused 8a out on bail, and then merong nmagsabi, “6agpuntang a+road, mag?tour. Jwede 8ang hulihin niyan ba without a warrant because you aRempted to leave the country without the permission o the court where you case is pending. 5 thin8 that is the reason why they hurry up the ling o the cases against 3strada. JagMnaMle na, hindi 8a bastaMbasta ma8alipad. #o, those are the instances where there could be a valid warrantless arrest in addion to #econ ! o %ule K.
SEC. B. ime o ma!ing arres. – An arrest may be made on any day and at any )me of the day or night. "B# (his is selMeGplanatory. (here is nothing in the law which says you can only do the arrest in the day me. Sou can do it during oEce hours. 5t can be done at any me or any day, depending upon the situaon.
SEC. ."ehod o arres by ocer by virue o warran. – 7hen making an arrest by 'irtue of a arrant& the o4cer sha%% inform the person to be arrested of the cause of the arrest and the fact that a arrant has been issued for his arrest& e5cept hen he Jees or forcib%y resists before the o4cer has opportunity to so inform him& or hen the gi'ing of such informa)on i%% imperi% the arrest. The o4cer need not ha'e the arrant in his possession at the )me of the arrest but a8er the arrest& if the person arrested so reKuires& the arrant sha%% be shon to him as soon as prac)cab%e. "a# C=ote: (he arrest here is by virtue o a warrantD (here are instances when the arresng oEcer is loo8ing or somebody and he cannot nd him. (hen afer several hours, he nds the o*ender. +ut the problem is the arresng oEcer does not have with him the warrant. Faybe it is in his oEce. Q: 2oes he have to go bac8 to the oEce and get the warrant7 A: N1. &rrest him immediately because he might escape aferwards. Q: -ow about the warrant7 5s it necessary that the arresng oEcer must have with him the warrant and show it to the arrestee at the me o the ma8ing the arrest7
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2011 Edition &) N1. (he oEcer need not have the warrant in his possession at the me o the arrest but afer the arrest, i the person arrested so reBuires, the warrant shall be shown to him as soon as praccable.
/A00A*I 's. CA C2ecember ", "">D -3L2)
(his is not a case o a warrantless arrest but merely an instance o an arrest e*ected by the police authories without having the warrant in their possession at that precise moment. 'inding as it does, this $ourt deems it unnecessary to delve into the applicability o #econ !, %ule K o the %ules o $ourt and on the merits o both the peoner’s and the 1Ece o the #olicitor Peneral’s arguments with respect thereto. (he applicable provision is not #econ !, %ule I o the %ules o $ourt on warrantless arrests, but #econ =, %ule K.
Q: Hhen an oEcer is ma8ing an arrest by virtue o a warrant, how will he e*ect the arrest7 A: (he P3N3%&L %6L3 is) the oEcer must inorm the person to be arrested o @. the cause o the arrest; and . the act that a warrant has been issue or his arrest.
3]$3J(51N#) 5n the ollowing instances, the ailure o the arresng oEcer to inorm the arrestee o the above is eGcusable) @. when the person to be arrested Tees; or . when the person to be arrested orcibly resists beore the oEcer has opportunity to so inorm him o the cause o his arrest and o the act that the a warrant has been issued or is arrest; or B. when the giving o such inormaon will imperil the arrest.
SEC. H. "ehod o arres by ocer wihou warran. – 7hen making an arrest ithout a arrant& the o4cer sha%% inform the person to be arrested of his authority and the cause of the arrest& un%ess the %a>er is either engaged in the commission of an o!ense& is pursued immediate%y a8er its commission& has escaped& Jees& or forcib%y resists before the o4cer has opportunity to so inform him& or hen the gi'ing of such informa)on i%% imperi% the arrest. "Ha# Q) -ow does an oEce e*ect an arrest H5(-16( a warrant7 &) P3N3%&L %6L3) the oEcer must inorm the person to be arrested o) @. his Carresng oEcer’sD authority; and . the cause o the arrest. 3]$3J(51N) in the ollowing instances, the oEcer’s ailure to apprise the arrestee o his authority and the cause o the arrest, is 9used) 1.
when the person to be arrested is then engaged in the commission o an o*ense;
2.
when the person to be arrested is pursued immediately afer its commission;
3.
when the person to be arrested is pursued immediately afer escape;
4.
when the person to be arrested Tees;
5.
when the person to be arrested orcibly resists beore the oEcer has opportunity to so inorm him;
6.
when the giving o such inormaon will imperil the arrest.
,EO,0E 's. /ADINA C'ebruary , """D -3L2)
(he $ourt, as guardian o the rights o the people lays down the procedure, guidelines and dues which the arresng, detaining, inving, or invesgang oEcer or his
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2011 Edition companions must do and observe at the me o ma8ing an arrest and again at and during the me o the custodial interrogaon in accordance with the $onstuon, 9urisprudence and %epublic &ct No. =@KI. 5t is highMme to educate our lawMenorcement agencies who neglect either by ignorance or indi*erence the soMcalled Firanda rights which had become insuEcient and which the $ourt must update in the light o new legal developments) . (he person arrested, detained, invited or under custodial invesgaon must be inormed in a language 8nown to and understood by him o the reason or the arrest and he must be shown the warrant o arrest, i any; 3very other warnings, inormaon or communicaon must be in a language 8nown to and understood by said person; <. -e must be warned that he has a right to remain silent and that any statement he ma8es may be used as evidence against him; K. -e must be inormed that he has the right to be assisted at all mes and have the presence o an independent and competent lawyer, preerably o his own choice; @. -e must be inormed that i he has no lawyer or cannot a*ord the services o a lawyer, one will be provided or him; and that a lawyer may also be engaged by any person in his behal, or may be appointed by the court upon peon o the person arrested or one acng in his behal; !. (hat whether or not the person arrested has a lawyer, he must be inormed that no custodial invesgaon in any orm shall be conducted eGcept in the presence o his counsel or afer a valid waiver has been made; >. (he person arrested must be inormed that, at any me, he has the right to communicate or coner by the most eGpedient means – telephone, radio, leRer or messenger – with his lawyer Ceither retained or appointedD, any member o his immediate amily, or any medical doctor, priest or minister chosen by him or by any one rom his immediate amily or by his counsel, or be visited by[coner with duly accredited naonal or internaonal nonMgovernment organiaon. 5t shall be the responsibility o the oEcer to ensure that this is accomplished; =. -e must be inormed that he has the right to waive any o said rights provided it is made voluntarily, 8nowingly and intelligently and ensure that he understood the same; I. 5n addion, i the person arrested waives his right to a lawyer, he must be inormed that it must be done in wring &N2 in the presence o counsel, otherwise, he must be warned that the waiver is void even i he insist on his waiver and chooses to spea8; ". (hat the person arrested must be inormed that he may indicate in any manner at any me or stage o the process that he does not wish to be Buesoned with warning that once he ma8es such indicaon, the police may not interrogate him i the same had not yet commenced, or the interrogaon must ceased i it has already begun; . (he person arrested must be inormed that his inial waiver o his right to remain silent, the right to counsel or any o his rights does not bar him rom invo8ing it at any me during the process, regardless o whether he may have answered some Buesons or volunteered some statements; . -e must also be inormed that any statement or evidence, as the case may be, obtained in violaon o any o the oregoing, whether inculpatory or eGculpatory, in whole or in part, shall be inadmissible in evidence.
SEC. L. "ehod o arres by #rivae #erson. – 7hen making an arrest& a pri'ate person sha%% inform the person to be arrested of the inten)on to arrest him and the case of the arrest& un%ess the %a>er is either engaged in the commission of an o!ense& is pursued immediate%y a8er its commission& or has escaped& Jees& or forcib%y resists before the person making the arrest has opportunity to so inform him& or hen the gi'ing of such informa)on i%% im eri% the arrest. La LAKAS ATENISTA
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2011 Edition c.f. #econ !, %ule K. & private person may also e*ect an arrest. (his is 8nown as cien’s arrest. Hhen it is a private person who e*ects an arrest, he should inorm the arrestee o his 5N(3N(51N to arrest the laRer and the $&6#3 o the arrest. (he eGcepons in this rule are the same as under #econ I.
SEC. 16. %cer may summon assisance. – An o4cer making a %afu% arrest may ora%%y summon as many persons as he deems necessary to assist him in e!ec)ng the arrest. E'ery person so summoned by an o4cer sha%% assist him in e!ec)ng the arrest hen he can render such assistance ithout detriment to himse%f. "16a# 'or as long as the arrest is lawul, the oEce may see8 the help o as many civilians as he may call, and the person so summoned cannot reuse to render assistance provided that in so helping, he does not put himsel to danger.
9S 's. ,O/,EA C&ugust >, "!D -3L2)
(his ancient obligaon o the individual to assist in the protecon o the peace and good order o his community is sll recognied in all wellMorganied governments in the Uposse comitatusU Cpower o the county, poderdel condadoD. C+oo8 $ooleyZs +lac8stoneZs $ommentaries, K@K; +oo8 @, <<.D 6nder this power, those persons in the state, county, or town who were charged with the maintenance o peace and good order were bound, eG ocio, to pursue and to ta8e all persons who had violated the law. 'or that purpose they might command all the male inhabitants o a certain age to assist them. (his power is called Uposse comitatusU Cpower o the countyD. (his was a right well recognied at common law. &ct No. K" is a statutory recognion o such commonMlaw right. #aid &ct aRempts simply to designate the cases and the method when and by which the people o the town CpuebloD may be called upon to render assistance or the protecon o the public and the preservaon o peace and order. 5t is an eGercise o the police power o the state.
SEC. 11.$igh o ocer o brea! ino building or enclosure. – An o4cer& in order to make an arrest either by 'irtue of a arrant& or ithout a arrant as pro'ided in sec)on <& may break into any bui%ding or enc%osure here the person to be arrested is or is reasonab%y be%ie'ed to be& if he is refused admi>ance thereto& a8er announcing his authority and purpose. "11 a# 3Gample) 5 the person to be arrested is hiding inside a building or nay enclosure, the arresng oEcer is empowered to brea8 any door to e*ect entrance, provided the ollowing reBuisites are present) @. the arresng oEcer is reused admiRance; . the arresng oEcer has announced his authority to e*ect the arrest, with or without warrant; and B. the arresng oEcer has announced his purpose in ma8ing the arrest.
SEC. 1$.$igh o brea! ou rom building or enclosure. – 7hene'er an o4cer has entered the bui%ding or enc%osure in accordance ith the preceding sec)on& he may break out therefrom hen necessary to %iberate himse%f. "1$a# Q: Hhat is the di*erence between #econs and <7 A: #econ is entrance, whereas #econ < tal8s o e9it rom the building. Q: -ow come he is loc8ed inside7 A: 5t may happen this way) (he door is open, you enter the house, then ma8e the arrest but the arrestee’s companions loc8ed you inside. Sou cannot go out anymore. Sou cannot bring the arrestee out. Q: Hill you be liable or brea8ing the door7
LAKAS ATENISTA
REVISED RULES ON CRIMINAL PROCEDURE
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2011 Edition A: N1 because you have to get out together with the person arrested. Sou have the right to brea8 in to e*ect the arrest and you also have the right to brea8 out to bring out the person rom the area. Sou cannot 8eep him inside.
SEC. 1+. Arres a'er esca#e or rescue. – If a person %afu%%y arrested escapes or is rescued& any person may immediate%y pursue or retake him ithout a arrant at any )me and in any p%ace ithin the ,hi%ippines. "1+ # Fr. Jobre is arrested, then he escapes again. &nyone can reMarrest him without a warrant. #o i we will analye, in addion to the instances enumerated under #econ !, this secon C#econ KD is another situaon where a warrantless arrest may be validly e*ected. -ere, the person who may be arrested without a warrant has already been lawully arrested, with or without a warrant, prior to his escape. 1nce he escapes, &NS person – a police oEcer or a civilian – may run afer him even without a warrant anywhere within the Jhilippines. ¬her eGample) Fr. JaYales is a detenon prisoner. 5 he is %3#$632 by his relaves or sympathiers while he is being lawully detained, &NS person may reMarrest him without the need o a warrant anywhere in the country.
SEC. 13. $igh o a&orney or relatve o visi #erson arresed. – Any member of the ,hi%ippine ar sha%%& at the reKuest of the person arrested or of another ac)ng in his beha%f& ha'e the right to 'isit and confer pri'ate%y ith such person in the (ai% or any other p%ace of custody at any hour of the day or night. Sub(ect to reasonab%e regu%a)ons& a re%a)'e of the person arrested can a%so e5ercise the same right. "13a D &ny person who is arrested in custody can be visited by his lawyer or a relave. Now, try to correlate this with a special law, %& =@KI – /&n &ct dening certain right o persons arrested, etc.4) #econ < ?A thereo) /&ny person arrested or detained or under custodial invesgaon shall be allowed visits by or conerences with any member o his immediate amily, or any medical doctor or priest or religious minister chosen by him or by any member o his immediate amily or by his counsel, or by any naonal nonMgovernmental organiaon duly accredited by the $ommission on -uman %ights o by any internaonal nonMgovernmental organiaon duly accredited by the 1Ece o the Jresident.4 /(he personZs Uimmediate amilyU shall include his or her spouse, anc^ or anc^e, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.4 (hose are the member o your immediate family rom the viewpoint o the law. Hhat is lac8ing is the houseboy or housemaid. 1ne cannot prevent those menoned rom vising the detained or arrested person. #5(6&(51N) 5 am the police, who are you7 Fr. Jeloton) 5 am the spiritual guardian. Jolice) &h, hindi pwede: Q: Hhat will happen to the policeman7 Let us say, you will boast that you are a policeman7 A: #econ @ ?bA, %& =@KI states)
/&ny person who obstruct, persons or prohibits any lawyer, any member o the immediate amily o a person arrested, detained or under custodial invesgaon, or any medical doctor or priest or religious minister chosen by him or by any member o his immediate amily or by his counsel, rom vising and conerring privately with him, o rom eGamining and treang him, or rom ministering to his spiritual needs, at any hour o the day or, in urgent cases, o the night shall su*er the penalty o imprisonment o not less than our C@D years nor more than siG C>D years, and a ne o our thousand pesos CJ@,.D.4 (hus, i you are a policeman and you will not allow the aboveMmenoned persons to visit the detenon prisoners, then you will be imprisoned. (hat is what the law says.
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REVISED RULES ON CRIMINAL PROCEDURE
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2011 Edition N1(3) 2uring the ""K bar eGams, there was a problem) 'rancis was arrested, then his girlriend visited him. P') /5 would li8e to visit 'rancis. 5 would li8e to tal8 to him.4 J1L5$3F&N) /Hho are you74 P') /5 am so and so...4 J1L5$3F&N) /-ow are you related to him74 P') /5 am his anc^e.4 J1L5$3F&N) /&h wala, hindi pwede. Sou are not a member o the amily.4 Q: 5s the policeman correct7 A: (he policeman is liable because according to #econ <, %& =@KI, the 'rancis’ immediate amily shall include his spouse, anc^e, etc. &nd #econ @ o the said law, provides or the penalty to be imposed on the arresng oEcer who impedes or obstructs such right.
#o rom the denion o the law, she is a member o the immediate amily. Faybe in the meanme, the policeman has the duty to rely on the anc^e’s word, but i there are two o them, only one will be allowed. Q: Hhere can the visit be allowed7 A: 5n the 9ail or any other place o custody. Feaning, wherever 'rancis is being detained; not only limited to 9ails, police staons or military barrac8s. -e or anyone on his behal may demand that he be allowed to tal8 privately with his lawyer, at any hour o the day or, in urgent cases, o the night.
He are now through with %ule K.
LAKAS ATENISTA
