RULE 113 ARREST
Bring the arrested person to the Police Station for
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. (1)
EXCEPTION:
a. treason, felony or breach of peace, members of
Congress during attendance at sessions, going
or returning from the same.
b. Heads of State, diplomatic officers and their duly
registered domestics.
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.
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. (2a)
Procedures in Serving Warrant of Arrest
a. Verify the validity of the warrant and request for an
authenticated copy from the issuing court ;
b. In serving the warrant, the police officer should
introduce himself and show proper identification;
c. Make a manifestation of authority against the person
to be arrested;
d. If refused entry, the police officer may break into any
residence, ofice, building, and other structure where the
person to be arrested is in or is reasonably believed to
be in, after announcing his purpose;
e. The police officer need not have a copy of the warrant
in his possession at the time of the arrest. If the person
arrested so requires, the warrant shall be shown to the
arrested person as soon as possible;
f. Secure the person to be arrested;
g. Conduct thorough search for weapons and other
illegal materials on the person arrested and
surroundings within his immediate control;
h. Inform the person to be arrested of his rights under
the Miranda Doctrine.
i. No unnecessary force shall be used in making an
arrest;
j. Confiscated evidence shall be properly documented;
k.
documentation;
l. Make a Return of Warrant to the court of origin(Form
“B” - Annexes); and
m. Deliver the arrested person to jail/prison upon the
issuance of a commitment order of the court.
The Miranda doctrine requires that:
(a) any person under custodial investigation has the
right to remain silent;
(b) anything he says can and will be used against
him in a court of law;
(c) he has the right to talk to an attorney before
being questioned and to have his counsel
present when being questioned; and
(d) if he cannot afford an attorney, one will be
provided before any questioning if he so desires.
This doctrine is enshrined in Article 3, Section 12 (1) of
the Constitution, which provides:
Any 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 own choice. If the person
cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except
in writing and in the presence of counsel.
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. (3a)
Duties of the Arresting Officer
a. It shall be the duty of the police officer implementing
the Warrant of Arrest to deliver the arrested person
without delay to the nearest Police Station or jail to
record the fact of the arrest;
b. At the time of the arrest, it shall be the duty of the
arresting officer to inform the person arrested of the
cause of the arrest and the fact that a warrant had been
issued for his arrest. The arresting 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 possible;
c. In case of arrest without a warrant, it shall be the duty
of the arresting officer to inform the person to be
arrested of his authority and the cause of the arrest
except when he "flees or forcibly resists before the
arresting officer has the opportunity to inform him or
when the giving of such information will imperil the
arrest;
d. The person arrested, with or without warrant, shall be
informed of his constitutional right to remain silent and
that any statement he makes could be used against him.
Also, that he has the right to communicate with his
lawyer or his immediate family;
e. A person arrested without a warrant shall be
immediately brought to the proper Police Station for
investigation without unnecessary delay. He shall be
subjected to inquest proceedings within the time
prescribed in Article 125 of the Revised Penal Code
(RPC);
f. No torture, force, violence, threat, intimidation, or any
other means which vitiate the free will shall be used
against an arrested person. The bringing of arrested
persons to secret detention places, solitary con!nement
and the like is prohibited;
g. If the person arrested without a warrant waives his
right under the provisions of Art 125 of the Revised
Penal Code, the arresting of!cer shall ensure that the
former signs a waiver of detention in the presence of his
counsel of choice;
h. If the person arrested waives his right against self
incrimination and opts to give his statement, the
arresting officer shall ensure that the waiver is made in
writing and signed by the person arrested in the
presence of a counsel of his own choice or a competent
and independent counsel provided by the government;
and
i. Arrest of female person and child in conflict with the
law is covered by a special procedure. Refer to Rule 26
of this Manual.
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. (4a)
Validity: Warrant of arrest does not become stale,
unlike a search warrant which is only valid for 10 days. A
warrant of arrest remains valid until arrest is effected
or the warrant is lifted or set aside.
The rule does not require a return of the warrant, but
only a report to the judge who issued the warrant.
WHO MAY ISSUE?
a. Only Judicial officers or any person duly
authorized by law can issue warrant of arrest.
b. Immigrant Inspectors shall have the right to
arrest an alien, who in their view is entering
Philippines.
c. Members of the investigation staff of the Bureau
of Investigation.
d. The Commissioner, the Deputy Commissioners,
the Revenue Regional Directors, the Revenue
District Officers and other internal revenue
officers shall have authority to make arrests and
seizures for the violation of any penal law, rule
or regulation administered by the Bureau of
Internal Revenue.
Section 5. Arrest without warrant; when lawful. — A
peace officer or a 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 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 paragraph (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. (5a)
Sec. 5 (a) is also referred to as arrests IN FLAGRANTE
DELICTO wherein two elements must exist:
(1) the person to be arrested must execute an overt act
indicating that he has just committed, is actually
committing, 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.
On the other hand, Section 5 (b) refers to arrests made
in HOT PURSUIT, wherein two requisites must exist:
(1) an offense has in fact just been committed; and
(2) the arresting officer has probable cause based on
personal knowledge of facts or circumstances
indicating that the person to be arrested committed the
offense.
Section 5 (c) refers to arrest when the person to be
arrested is a prisoner who has escaped from a penal
establishment or also known as “ESCAPE RULE”
Arrest after escape or rescue – If a person lawfully
arrested escapes or is rescued, any person may
immediately pursue to retake him without a warrant at
anytime and in any place within the Philippines.
ABSCONDING RULE (RULE 114, SEC. 23, PAR 2)
Section 23. Arrest of accused out on bail. — For the
purpose of surrendering the accused, the bondsmen
may arrest him or, upon written authority endorsed
on a certified copy of the undertaking, cause him to
be arrested by a police officer or any other person of
suitable age and discretion.
An accused released on bail may be re-arrested
without the necessity of a warrant if he attempts to
depart from the Philippines without permission of the
court where the case is pending. (23a)
PROBABLE CAUSE
- Reasonable ground suspiscion. Such facts and
circumstances that would lead a reasonably
discreet and prudent man to believe that an
offense has just been committed by the person
sought to be arrested.
PERSONAL KNOWLEDGE OF FACTS
- It must be based on probable cause, which
means an actual belief or reasonable grounds of
suspiscion.
COMMITTED IN ONE’S PRESENCE
- Seeing or hearing at a distance.
Section 6. Time of making arrest. — An arrest may be
made on any day and at any time of the day or night.
(6)
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. (7a)
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,
 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. (8a)
Procedures in Effecting Warrantless Arrest – (based
on PNP Manual)
a. Freeze or restrain the suspect/s;
b. Make proper introduction as to identity and authority
to arrest;
c. Inform the arrested person of the circumstances of his
arrest and recite to him the Miranda Warning;
d. Conduct thorough search for weapons and other
illegal materials;
e. As a general rule, no unnecessary force shall be used
in making an arrest;
f. Confiscated evidence shall be properly documented;
g. Bring the arrested person to the Police Station for
further investigation and disposition.
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,
 pursued immediately after its
commission,
 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. (9a)
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.
(10a)
Police officer may summon assistance – A police officer
making a lawful arrest may verbally summon as many
persons as he deems necessary to assist him in
effecting the arrest.
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. (11a)
Right of a police officer to break into building or
enclosure – A police officer in order to make an arrest,
with or without warrant, may break into 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.
- This rule is not extended to a private person
even if the purpose of the latter is to make an
arrest. Nevertheless, he is exempt from criminal
liablity for trespass to dwelling whenever he has
done so “for the purpose of rendering some
service to humanity or justice.”
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. (12a)
Right to break out from building or enclosure –
Whenever a police officer has entered the building or
enclosure to make an arrest, he may break out there
from, 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. (13)
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. (14a)
RA 7438: RIGHTS OF PERSON ARRESTED,
DETAINED OR UNDER CUSTODIAL INVESTIGATION
Section 2. Rights of Persons Arrested, Detained or
Under Custodial Investigation; Duties of Public
Officers.–
(a) Any person arrested detained or under
custodial investigation shall at all times be
assisted by counsel.
(b) Any public officer who arrests any person for
the commission of an offense shall inform the
latter, in a language known to and understood
by him, of his rights to remain silent and to have
competent and independent counsel, preferably
of his own choice, who shall at all times be
allowed to confer privately with the person
arrested. If such person cannot afford the
services of his own counsel, he must be
provided with a competent and independent
counsel by the investigating officer.lawphi1Ÿ
(c) The custodial investigation report shall be
reduced to writing by the investigating officer,
provided that before such report is signed, or
thumbmarked if the person arrested or detained
does not know how to read and write, it shall be
read and adequately explained to him by his
counsel or by the assisting counsel provided by
the investigating officer in the language or
dialect known to such arrested or detained
person, otherwise, such investigation report
shall be null and void and of no effect
whatsoever.
(d) Any extrajudicial confession made by a
person arrested, shall be in writing and signed
by such person in the presence of his counsel or
in the latter's absence, upon a valid waiver, 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 him; otherwise, such extrajudicial
confession shall be inadmissible as evidence in
any proceeding.
(e) Any waiver by a person arrested or detained
under the provisions of Article 125 of the
Revised Penal Code, or under custodial
investigation, shall be in writing and signed by
such person in the presence of his counsel;
otherwise the waiver shall be null and void and
of no effect.
(f) Any person arrested or detained or under
custodial investigation shall be allowed visits by
or conferences with 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
organization duly accredited by the Commission
on Human Rights of by any international non-
governmental organization duly accredited by
the Office of the President. The person's
"immediate family" shall include his or her
spouse, fiancé or fiancée, parent or child,
brother or sister, grandparent or grandchild,
uncle or aunt, nephew or niece, and guardian or
ward.