Prepared by: Atty. Joanna G.

It is the taking of a person into

custody in order that he may be
bound to answer for the commission
of offense. (Sec. 1, Rule 113 of Criminal
Procedures)
- A document issued by a JUDGE (pursuant to Sec.
3, Art. IV of the 1987 Constitution) before a person
may be taken into custody

- It is necessary before a person may be taken

into custody to answer for the commission of
a crime.
 An ambassador of a South American
country stationed in Manila was charged
with serious physical injuries. Later, the
police officer arrested by virtue of warrant of
arrest issued by court in Manila.
Is the arrest of the ambassador valid or
not?
 How about the one committing the crime
is the Consul?
Well-recognized principle of International Law:
Diplomatic Representatives are exempt from
criminal and civil jurisdiction of foreign courts.

Only the AMBASSADORS and MINISTERS can

claim the privileges and immunities. Hence, they
cannot be arrested.
Senator or Members of the House of
Representatives shall in all offenses punishable
by not more than six years. (Sec. 11, Art. VI of 1987
Constitution)
- Accused VOLUNTARILY APPEARS after the
complaint in a criminal action at any time he
may be called.
- Accused already UNDER DETENTION.
- Penalty is of a FINE ONLY.
- Those covered by a SUMMARY PROCEDURES.
 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.
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. (Sec. 2, Rule 113 of
Criminal Procedures)
 Reasonable amount of force may be used to
effect arrest:
An officer having the right to arrest an
offender, may use such extent as is necessary
to effect his purpose, and to a great extent he
is made the judge of the degree of force that
may be properly exerted.
 Where an escaped prisoner, then armed
with a bamboo lance, was asked by a
policeman to surrender, refused to do so and
instead answered the latter with a stroke of
his lance – Act of pursuing the prisoner and in
firing the revolver was justified.
 The police office officer was attacked with a
deadly weapon, such as knife, he may use his
firearms against the assailant – cannot be said
to have employed unnecessary force
 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. (Sec. 3, Rule 113 of Criminal
Procedures)
 The head of the office to whom the warrant was
delivered for execution shall cause the warrant to
be executed ten (10) days from its receipt. Within
the 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 reason therefor. (Sec. 4, Rule
113 of Criminal Procedures)
 No time fixed for the validity of a warrant of
arrest.
So long as the warrant has not been recalled or
the person named therein arrested or had
otherwise submitted himself to the jurisdiction of
the court, the warrant remains good and can still be
executed even if a previous negative return was
made to the issuing judge.
 Can a person be arrested without the
warrant arrest.
Peace officer or 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;
 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
 c. When the person to be arrested is a
prisoner who has escape 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.
 Delivered forthwith to nearest police station
or jail and a complaint or information filed
against him in accordance with the procedure
provided for in Section 7, Rule 112 of the
Criminal Procedures.
 An arrest may be made on any day and at
any time of the day or night. (Sec. 6, Rule 113 of
Criminal Procedures)
1. Arrest by Officer WITH warrant (Sec. 7, Rule 113)

2. Arrest by Officer WITHOUT warrant (Sec. 8,

Rule 113)

3. Arrest by private person (Sec. 9, Rule 113)

Arrest by Officer WITH warrant:
- When making an arrest by virtue of a
warrant, the officer shall inform the person to
be arrested of the cause of 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. (Sec. 7, Rule 113)
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 his arrest, unless the
latter is either engaged in the commission of the
offense, is pursued immediately after its commission,
has escaped, flees or forcibly resists before the
officer has opportunity to so inform him, or when the
giving of such information will imperil the arrest. (Sec.
8, Rule 113)
Arrest by private person:
- When making an arrest without a warrant, a private
person shall inform the person to be arrested of the
intention to arrest and the cause of his arrest, unless
the latter is either engaged in the commission of the
office, is pursued immediately after its commission,
has escaped, flees or forcibly resists before the
officer has opportunity to so inform him, or when the
giving of such information will imperil the arrest. (Sec.
9, Rule 113)
 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. (Sec. 9, Rule 113)
 Citizens coming to aid to the aid of an agent of
authority themselves becomes agents of authority for
purposes of the law on indirect assault set forth in
Article 149 of the Revised Penal Code.

While the rule states that every person so

summoned by an officer must aid him in the making
of the arrest, the same is subject to the proviso that
the person whose aid was sought can render it
without detriment to himself.
 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. (Sec 11, Rule
113)
 When ever an officer has entered the building or
enclosure in accordance with Section 11, Rule 113, he
may break out therefrom when necessary to liberate
himself. (Sec 12, Rule 113)
 Section 11 and 12 of Rule 113 are applicable only to
officer making an arrest.
Likewise, the rules also applicable to both where
the arrest is under a warrant and where there is an
arrest without warrant in case of hot pursuit or in
case the officer acts on probable cause that the
person to be arrested has committed or is committing
a felony
 A person with or without a warrant of arrest, is
nonetheless possessed of the authority to effect the
arrest, is entitled, after due demand, to break into
any building for the purposes of making the
apprehension.
 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.
 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. (Sec. 14, Rule
113 of Criminal Procedures)
Right to visit by a counsel upon request of the
accused.

Right to visit by relatives.

THANK YOU!