RULE 112

Section 6. When warrant of arrest may issue. (a) By the Regional Trial
Court. Within ten (10) days from the filing of the complaint or
information, the judge shall personally evaluate the resolution of the
prosecutor and its supporting evidence. He may immediately dismiss the
case if the evidence on record clearly fails to establish probable cause. f
he finds probable cause, he shall issue a !arrant of arrest, or a
commitment order if the accused has already been arrested pursuant to a
!arrant issued by the judge !ho conducted the preliminary investigation or
!hen the complaint or information !as filed pursuant to section " of this
#ule. n case of doubt on the e$istence of probable cause, the judge may
order the prosecutor to present additional evidence !ithin five (%) days
from notice and the issue must be resolved by the court !ithin thirty (&0)
days from the filing of the complaint of information.
(b) By the Municipal Trial Court. When re'uired pursuant to the second
paragraph of section 1 of this #ule, the preliminary investigation of cases
falling under the original jurisdiction of the (etropolitan )rial *ourt,
(unicipal )rial *ourt in *ities, (unicipal )rial *ourt, or (unicipal *ircuit
)rial *ourt may be conducted by either the judge or the prosecutor. When
conducted by the prosecutor, the procedure for the issuance of a !arrant
or arrest by the judge shall be governed by paragraph (a) of this section.
When the investigation is conducted by the judge himself, he shall follo!
the procedure provided in section & of this #ule. f the findings and
recommendations are affirmed by the provincial or city prosecutor, or by
the +mbudsman or his deputy, and the corresponding information is filed,
he shall issue a !arrant of arrest. Ho!ever, !ithout !aiting for the
conclusion of the investigation, the judge may issue a !arrant of arrest if
he finds after an e$amination in !riting and under oath of the complainant
and his !itnesses in the form of searching 'uestion and ans!ers, that a
probable cause e$ists and that there is a necessity of placing the
respondent under immediate custody in order not to frustrate the ends of
justice.
(c) When warrant of arrest not necessary. , !arrant of arrest shall not
issue if the accused is already under detention pursuant to a !arrant
issued by the municipal trial court in accordance !ith paragraph (b) of this
section, or if the complaint or information !as filed pursuant to section " of
this #ule or is for an offense penali-ed by fine only. )he court shall then
proceed in the e$ercise of its original jurisdiction. (.a)
Section 7. When accused lawfully arrested without warrant. When a
person is la!fully arrested !ithout a !arrant involving an offense !hich
re'uires a preliminary investigation, the complaint or information may be
filed by a prosecutor !ithout need of such investigation provided an
in'uest has been conducted in accordance !ith e$isting rules. n the
absence or unavailability of an in'uest prosecutor, the complaint may be
filed by the offended party or a peace office directly !ith the proper court
on the basis of the affidavit of the offended party or arresting officer or
person.
/efore the complaint or information is filed, the person arrested may as0
for a preliminary investigation in accordance !ith this #ule, but he must
sign a !aiver of the provisions of ,rticle 11% of the #evised 2enal *ode,
as amended, in the presence of his counsel. 3ot!ithstanding the !aiver,
he may apply for bail and the investigation must be terminated !ithin
fifteen (1%) days from its inception.
,fter the filing of the complaint or information in court !ithout a preliminary
investigation, the accused may, !ithin five (%) days from the time he learns
of its filing, as0 for a preliminary investigation !ith the same right to
adduce evidence in his defense as provided in this #ule. ("a4 sec. 1, #.,.
3o. "5&6)
RULE 113
Section 5. Arrest without warrant4 when lawful. , peace officer or a
private person may, !ithout a !arrant, arrest a person7
(a) When, in his presence, the person to be arrested has
committed, is actually committing, or is attempting to commit an
offense4
(b) When an offense has just been committed, and he has
probable cause to believe based on personal 0no!ledge of facts
or circumstances that the person to be arrested has committed it4
and
(c) When the person to be arrested is a prisoner !ho has escaped
from a penal establishment or place !here he is serving final
judgment or is temporarily confined !hile his case is pending, or
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has escaped !hile being transferred from one confinement to
another.
n cases falling under paragraph (a) and (b) above, the person arrested
!ithout a !arrant shall be forth!ith delivered to the nearest police station
or jail and shall be proceeded against in accordance !ith section " of #ule
111. (%a)
ARTICLE III, 1987 PHIL.CONSTITUTION
8ection 11. (1) ,ny person under investigation for the commission of an
offense shall have the right to be informed of his right to remain silent and
to have competent and independent counsel preferably of his o!n choice.
f the person cannot afford the services of counsel, he must be provided
!ith one. )hese rights cannot be !aived e$cept in !riting and in the
presence of counsel.
(1) 3o torture, force, violence, threat, intimidation, or any other means
!hich vitiate the free !ill shall be used against him. 8ecret detention
places, solitary, incommunicado, or other similar forms of detention are
prohibited.
(&) ,ny confession or admission obtained in violation of this or 8ection 1"
hereof shall be inadmissible in evidence against him.
(5) )he la! shall provide for penal and civil sanctions for violations of this
section as !ell as compensation to and rehabilitation of victims of torture
or similar practices, and their families.
INQUEST PROCEEIN!S
n'uest is defined as an informal and summary investigation
conducted by a public prosecutor in criminal cases involving
persons arrested and detained !ithout the benefit of a !arrant of
arrest issued by the court for the purpose of determining !hether
said persons should remain under custody and correspondingly be
charged in court.
Re"#$%ic o& t'e P'i%i""ine(
Con)*e(( o& t'e P'i%i""ine(
(etro (anila
Ei)'t' Con)*e((
Re"#$%ic Act No. 7+38 A"*i% 27, 1992
AN ACT E,ININ! CERTAIN RI!HTS O, PERSON ARRESTE,
ETAINE OR UNER CUSTOIAL IN-ESTI!ATION AS .ELL AS
THE UTIES O, THE ARRESTIN!, ETAININ! AN IN-ESTI!ATIN!
O,,ICERS, AN PRO-IIN! PENALTIES ,OR -IOLATIONS
THEREO,
Be it enacted by the Senate and House of Representatives of the
hilippines in Congress assembled!7
Section 1. Statement of Policy. 9 t is the policy of the 8enate to value
the dignity of every human being and guarantee full respect for human
rights.
Section 2. Rights of Persons Arrested, Detained or Under Custodial
Investigation; Duties of Public Officers. 9
(a) ,ny person arrested detained or under custodial investigation
shall at all times be assisted by counsel.
(b) ,ny public officer or employee, or anyone acting under his
order or his place, !ho arrests, detains or investigates any person
for the commission of an offense shall inform the latter, in a
language 0no!n to and understood by him, of his rights to remain
silent and to have competent and independent counsel, preferably
of his o!n choice, !ho shall at all times be allo!ed to confer
privately !ith the person arrested, detained or under custodial
investigation. f such person cannot afford the services of his o!n
counsel, he must be provided !ith a competent and independent
counsel by the investigating officer.lawphi"#
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(c) )he custodial investigation report shall be reduced to !riting by
the investigating officer, provided that before such report is signed,
or thumbmar0ed if the person arrested or detained does not 0no!
ho! to read and !rite, it shall be read and ade'uately e$plained to
him by his counsel or by the assisting counsel provided by the
investigating officer in the language or dialect 0no!n to such
arrested or detained person, other!ise, such investigation report
shall be null and void and of no effect !hatsoever.
(d) ,ny e$trajudicial confession made by a person arrested,
detained or under custodial investigation shall be in !riting and
signed by such person in the presence of his counsel or in the
latter:s absence, upon a valid !aiver, and in the presence of any of
the parents, elder brothers and sisters, his spouse, the municipal
mayor, the municipal judge, district school supervisor, or priest or
minister of the gospel as chosen by him4 other!ise, such
e$trajudicial confession shall be inadmissible as evidence in any
proceeding.
(e) ,ny !aiver by a person arrested or detained under the
provisions of ,rticle 11% of the #evised 2enal *ode, or under
custodial investigation, shall be in !riting and signed by such
person in the presence of his counsel4 other!ise the !aiver shall
be null and void and of no effect.
(f) ,ny person arrested or detained or under custodial
investigation shall be allo!ed visits by or conferences !ith any
member of his immediate family, or any medical doctor or priest or
religious minister chosen by him or by any member of his
immediate family or by his counsel, or by any national non;
governmental organi-ation duly accredited by the *ommission on
Human #ights of by any international non;governmental
organi-ation duly accredited by the +ffice of the 2resident. )he
person:s <immediate family< shall include his or her spouse, fianc=
or fianc=e, parent or child, brother or sister, grandparent or
grandchild, uncle or aunt, nephe! or niece, and guardian or !ard.
,s used in this ,ct, <custodial investigation< shall include the practice of
issuing an <invitation< to a person !ho is investigated in connection !ith an
offense he is suspected to have committed, !ithout prejudice to the liability
of the <inviting< officer for any violation of la!.
Section 3. Assisting Counsel. 9 ,ssisting counsel is any la!yer, e$cept
those directly affected by the case, those charged !ith conducting
preliminary investigation or those charged !ith the prosecution of crimes.
)he assisting counsel other than the government la!yers shall be entitled
to the follo!ing fees4
(a) )he amount of +ne hundred fifty pesos (21%0.00) if the
suspected person is chargeable !ith light felonies4lawphi"$alf
(b) )he amount of )!o hundred fifty pesos (21%0.00) if the
suspected person is chargeable !ith less grave or grave felonies4
(c) )he amount of )hree hundred fifty pesos (2&%0.00) if the
suspected person is chargeable !ith a capital offense.
)he fee for the assisting counsel shall be paid by the city or
municipality !here the custodial investigation is conducted,
provided that if the municipality of city cannot pay such fee, the
province comprising such municipality or city shall pay the fee7
2rovided, )hat the (unicipal or *ity )reasurer must certify that no
funds are available to pay the fees of assisting counsel before the
province pays said fees.
n the absence of any la!yer, no custodial investigation shall be conducted
and the suspected person can only be detained by the investigating officer
in accordance !ith the provisions of ,rticle 11% of the #evised 2enal
*ode.
Section +. Penalty Clause. 9 (a) ,ny arresting public officer or employee,
or any investigating officer, !ho fails to inform any person arrested,
detained or under custodial investigation of his right to remain silent and to
have competent and independent counsel preferably of his o!n choice,
shall suffer a fine of 8i$ thousand pesos (2.,000.00) or a penalty of
imprisonment of not less than eight (6) years but not more than ten (10)
years, or both. )he penalty of perpetual absolute dis'ualification shall also
be imposed upon the investigating officer !ho has been previously
convicted of a similar offense.
)he same penalties shall be imposed upon a public officer or
employee, or anyone acting upon orders of such investigating
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officer or in his place, !ho fails to provide a competent and
independent counsel to a person arrested, detained or under
custodial investigation for the commission of an offense if the latter
cannot afford the services of his o!n counsel.
(b) ,ny person !ho obstructs, prevents or prohibits any la!yer,
any member of the immediate family of a person arrested,
detained or under custodial investigation, or any medical doctor or
priest or religious minister chosen by him or by any member of his
immediate family or by his counsel, from visiting and conferring
privately !ith him, or from e$amining and treating him, or from
ministering to his spiritual needs, at any hour of the day or, in
urgent cases, of the night shall suffer the penalty of imprisonment
of not less than four (5) years nor more than si$ (.) years, and a
fine of four thousand pesos (25,000.00).lawphi"$
)he provisions of the above 8ection not!ithstanding, any security officer
!ith custodial responsibility over any detainee or prisoner may underta0e
such reasonable measures as may be necessary to secure his safety and
prevent his escape.
Section 5. Reealing Clause. 9 #epublic ,ct 3o. 3o. 6%", as amended,
is hereby repealed. +ther la!s, presidential decrees, e$ecutive orders or
rules and regulations, or parts thereof inconsistent !ith the provisions of
this ,ct are repealed or modified accordingly.
Section 6. !ffectivity. 9 )his ,ct shall ta0e effect fifteen (1%) days
follo!ing its publication in the +fficial >a-ette or in any daily ne!spapers
of general circulation in the 2hilippines.
,pproved7 A"*i% 27, 1992.
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