A lecture on arrest

1. ARRESTRule 113 of the Revised Rules of Criminal Procedure
Prepared by: Jasper Ian A. Lagasca, RCrim

2. Here’s what you’ll find in Rule 113 (Arrest):
1. Section 1. Definition of arrest.
2. Section 2. Arrest; how made.
3. Section 3. Duty of arresting officer.
4. Section 3. Duty of arresting officer.
5. Section 5. Arrest without warrant; when lawful
6. Section 6. Time of making arrest
7. Section 7. Method of arrest by officer by virtue of warrant
8. Section 8. Method of arrest by officer without warrant
9. Section 9. Method of arrest by private person
10. Section 10. Officer may summon assistance
11. Section 11. Right of officer to break into building or enclosure
12. Section 12. Right to break out from building or enclosure
13. Section 13. Arrest after escape or rescue
14. Section 14. Right of attorney or relative to visit person arrested
Contentsof
rule113(arrest)oftherevisedrulesofcriminalprocedure

3. WHATISarrest?
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
Two Types of Arrest:
1. Arrest with warrant
2. Warrantless Arrest

4. HOWARRESTISMADE?
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.
Two ways of making an arrest:
1. Actual restraint of a person to be
arrested.
2. Submission of the person to be
arrested to the custody of the
person making the arrest.

5. Sec.2ofrule 113oftherevised rulesoncriminalprocedure
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.

6. DUTIESOFANarrestingofficer?
Section 3. Duty of arresting officer.
It shall be the duty of the officer executing
the warrant to arrest the accused and to
deliver him to the nearest police station or
jail without unnecessary delay.
Question: What will be the violation committed by the
arresting officer if he delays the delivery of an
arrested person to the nearest police station or jail.
Answer: The arresting officer shall be liable under
Article 125 of the Revised Penal Code: Delay in the
delivery of detained persons to proper judicial
authorities.
BUT, Article 125 applies only when the arrest is made
without a warrant of arrest, but the arrest must be
lawful.
If the arrest is made with warrant of arrest, the person
arrested can be detained indefinitely until his case is
decided by the court or he posts a bail for temporary
release

7. ARTICLE125oftherevisedpenalcode
ELEments ofArticle 125:
1.That the offenderis a public officer isa public officer oremployee;
2.That he has detaineda person forsome legal ground;
3.That he fails todeliversuch person tothe proper judicial authorities within:
Crimes or Offenses
punishable by light
penalties or the
equivalent.
Crimes or Offenses
punishable by
correctional
penalties or the
equivalent.
Crimes or Offenses
punishable by
afflictive or capital
penalties or the
equivalent.
12 HOURS 18 HOURS 36 HOURS

8. Howtoexecuteawarrantofarrest?
Section 4. Execution of warrant.
1.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.
2. 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.
3. In case of his failure to execute the warrant, he shall state the reasons therefor.
Question: Does warrant of arrest expire?
Answer: The warrant of arrest is valid until served or recalled and or quashed. The 10 day period is only a directive
to the officer executing the warrant to make a return to the court.

9. Warrantlessarrest
Section 5.Arrest without warrant; when lawful
A peace officer ora private person 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; (INFLAGRANTE
DELICTO)
(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; and (HOT PURSUIT)
(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 is
temporarily confined while his case is pending, or has escaped while being
transferred from one confinement to another. (FUGITIVE FROM LAW)

10. An arrest may be made on
any day and at any time of the
day or night.
WHEN TOMAKEAN ARREST?
Section6.Timeofmakingarrest

11. Section 7. Method of arrest by officer by
virtue of warrant
When making an arrest by virtue of a warrant,
1. 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.
2. 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.
Methodofarrestbyofficerbyvirtueof
warrant

12. MethodofarrestbyofficerBYVIRTUE
OFwarrant
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.
Method of arrest byofficer
withoutwarrant
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
1. The latter is either engaged in the
commission of an offense,
2. Is pursued immediately after its
commission,
3. Has escaped, flees or forcibly resists
before the officer has opportunity so to
inform him,
4. Or when the giving of such information
will imperil the arrest
Section 7. Method of arrest by officer
without warrant

13. Section9.Methodofarrestbyprivateperson.
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.

14. Section10.Officermaysummonassistance
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.

15. Section11.Rightofofficertobreakinto
buildingorenclosure.
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.

16. Section12.Righttobreakoutfrombuildingor
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.

17. Section13.Arrestafterescapeorrescue
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.

18. Section14.Rightofattorneyorrelativeto
visitpersonarrested
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.

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