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 arrested.
 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 279
HELD:
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 on crime
and will terrorize peace officers through a fear of themselves
violating the law.
 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.