RULE 113 - ARREST

Sec. 4. Execution of Warrant

10 Days

Issuance Service
Report
 PEOPLE VS. GIVERA 349
SCRA 513
HELD:
The warrant of arrest remains to be enforceable until it is
executed, recalled, or quashed. The ten (10) day period
on provided on the rules is only a directive to the
officer executing the warrant to make a return to the
court.
 RULE 113 ARREST, SEC. 5
Sec. 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;

(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.
 PEOPLE VS. MALASUGUI 63 PHIL.
221

HELD:
The arrest was valid, Malasugui upon arrested, he
voluntarily permitted the officer to search him and
take the articles in question to be used as
evidence against him. Peace officers may make
arrests without judicial warrant not only when a
crime is committed, or is about to be committed in
their presence, but also when there is reason to
believe or sufficient ground to suspect that
one has been committed by the person
 Warrantless arrest under
Paragraph A
(in flagrante delicto arrests)
While in the presence of the peace
officer or private person, the person to be
arrested:

1.) Has committed an offense

2.) Actually committing an offense
3.) Attempting to commit an offense
 PEOPLE VS. EVARISTO, 216 SCRA 431
HELD:
The arrest so as to the search and seizure is valid. The
seizure of the firearm was valid and lawful for being
incidental to a lawful arrest. The time the officers heard
gunfire, they proceeded to investigate and has now
sufficient knowledge on their part to search the
house, and arrest Evaristo.
 PEOPLE VS. CACO, 222 SCRA 49

HELD:
The arrest was valid, Lilibeth Caco was caught in flagrante
selling marijuana to the poseur buyer. She was then
lawfully arrested without a warrant because she was
committing or has just committed a crime in the
presence of the police officers.
 Warrantless arrest under
Paragraph B
An offense has just been committed

Person making the arrest has probable

cause to believe, based on personal
knowledge of facts or circumstances,
that the person to be arrested has
committed it.
 ALIH VS. CASTRO, 151 SCRA
HELD: 279
The search is not valid, the arrest does not fall on the
warrantless arrest provided in Sec. 5 of Rule 113. It is to
note that the officer making the arrest must have
personal knowledge of certain facts or
circumstances indicating that the person to be
arrested has committed an offense. In this case, they
failed to do so.
Warrantless arrest under
Paragraph C
Person to be arrested is a prisoner who
has escaped:
a.) in a penal establishment
b.) in a place serving his final judgment
c.) in a place where he is temporarily
confined while case is pending
d.) and, while being transferred from one
confinement to another.
 PARULAN VS. DIRECTOR OF
PRISONS, 22 SCRA 638

HELD:
The arrest was valid. This case is one of the
instances of a warrantless arrest falling on
Paragraph c of Rule 113 wherein the person to
be arrested has escaped from confinement.
Founding principle of this is that at the time of the
arrest, the escapee is in the continuous act of
committing a crime which is evasion the service of
his sentence.
Persons authorized to make
an arrest
Private persons
Peace Officers:
Police officers (RA 6945)
NBI agents (RA 157)
Philippine Constabulary officers (Sec. 848,
Administrative Code)
Municipal Mayors
Barangay captains
 US v. SANTOS (36 Phil
853)
The arrest is valid. To err is human. One should
however not expect too much of an ordinary
policeman. He is not presumed to exercise the subtle
reasoning of a judicial officer. Often he has no
opportunity to make proper investigation but must
act in haste on his own belief to prevent the escape
of the criminal.
Even the most conscientious officer must at times be
misled. If, therefore, under trying circumstances and
in a zealous effort to obey the orders of his superior
officer and to enforce the law, a peace officer makes
a mere mistake in good faith, he should be
exculpated. Otherwise, the courts will put a premium
 Duty of person making
arrest
Person arrested in paragraphs A & B:
Offense cognizable in RTC, person must be
delivered to the nearest police station or
jail and a complaint or information must
be filed against him.
Offense cognizable in MTC, person must
be delivered to the nearest police station
or jail and the corresponding charge
preferred against him with the proper
court.