REVISITING the PROCEDURES ON

WARRANTLESS ARREST
and CUSTODIAL INVESTIGATIONS
A TTY P ERCIVAL I. CLAUDIO

P R ESENTED BY T H E
CI T Y G OV E R NMENT OF MAR I KI NA
A N D P N P - MA RIK INA
 -POLIS-

literally means city in Greek.

also mean a body of citizens.

four virtues include:

wisdom, courage, moderation, and justice
“Policemen so cherish their status as keepers of the peace and protectors of
the public.
When you have police officers who abuse citizens, you erode public confidence
in law enforcement. That makes the job of good police officers unsafe.”

Mary Frances Berry

POLICE OPERATIONS ARE CONDUCTED IN ACCORDANCE
WITH LAW TO ENSURE THAT YOUR RIGHTS ARE
RESPECTED AND PROTECTED
Article III of the 1987 Constitution which identifies and defines the fundamental rights of
citizens,
to wit:

a. No person shall be deprived of life, liberty, or

property without due process of law. All persons shall
enjoy equal protection of the law (Section 1).
POLICE OPERATIONS ARE CONDUCTED IN ACCORDANCE
WITH LAW TO ENSURE THAT YOUR RIGHTS ARE
RESPECTED AND PROTECTED
b. All persons have the right to be secure in
their persons, houses, papers, and effects
against unreasonable searches and seizures.
No search warrant or warrant of arrest shall
be issued except upon probable cause
(Section 2).
POLICE OPERATIONS ARE CONDUCTED IN ACCORDANCE
WITH LAW TO ENSURE THAT YOUR RIGHTS ARE
RESPECTED AND PROTECTED
c. Any person under investigation shall have the
right to be informed of his rights 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 12.1)
POLICE OPERATIONS ARE CONDUCTED IN ACCORDANCE
WITH LAW TO ENSURE THAT YOUR RIGHTS ARE
RESPECTED AND PROTECTED
c. Any person under investigation shall have the
right to be informed of his rights 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 12.1)
POLICE OPERATIONS ARE CONDUCTED IN ACCORDANCE
WITH LAW TO ENSURE THAT YOUR RIGHTS ARE
RESPECTED AND PROTECTED

d. The accused shall be presumed innocent until

proven guilty (Section 14.2).
WARRANTLESS ARREST
 General Guidelines on
ARREST

In a case decided by the Supreme Court, Arrest is

the taking of a person into custody in order that
he or she may be bound to answer for the
commission of an offense.
It is effected by an actual restraint of the person
to be arrested and be brought to answer for a
criminal violation.
 General Guidelines
on ARREST
Situational Question:
I was driving my motorcycle in Pasay City, when I
was flagged down by some police officers for
violation of a city ordinance of not wearing a
helmet. I was then detained and eventually charged
for a violation of an Ordinance.
Is the Arrest Valid?
 General Guidelines
on ARREST

NO. It also appears that, according to City Ordinance

No. 98-012, which was violated by petitioner, the failure
to wear a crash helmet while riding a motorcycle is
penalized by a fine only. Under the Rules of Court, a
warrant of arrest need not be issued if the information or
charge was filed for an offense penalized by a fine only. It
may be stated as a corollary that neither can a warrantless
arrest be made for such an offense (Luz vs People of the
Philippines, G. R. No. 197788, February 29, 2012.”
 General Guidelines on
ARREST

All arrests should be made only on the basis of a

valid Warrant of Arrest issued by a competent
authority, except in instances where the law
allows warrantless arrest.
 General Guidelines
on WARRANTLESS ARREST

Under the Rules of Court, Rule 113, Section 5, a

warrantless arrest, also known as "citizen’s arrest,"
is lawful under three circumstances:
 General Guidelines
on WARRANTLESS ARREST

When, in the presence of the policeman, the

person to be arrested has committed, is actually
committing, or is attempting to commit an
offense. This is the "in flagrante delicto" rule.
 General Guidelines
on FLAGRANTE DELICTO

In flagrante delicto warrantless arrest should

comply with the element of immediacy between
the time of the offense and the time of the arrest.
For example, in one case the Supreme Court held
that when the warrantless arrest was made three
months after the crime was committed, the arrest
was unconstitutional and illegal.
 General Guidelines
on FLAGRANTE DELICTO

The test of in flagrante delicto arrest is that the

suspect was acting under circumstances reasonably
tending to show that he has committed or is about
to commit a crime.
Case Examples of FLAGRANTE DELICTO

An offense is committed in the presence or within

the view of an officer when the officer sees the
offense, although at a distance; or hears the
disturbance that it creates and proceeds at once to
the scene. (People v. Sucro, 195 SCRA 388)
Case Examples of FLAGRANTE DELICTO

If an accused is caught in flagrante delicto, the

warrantless arrest is lawful and the evidence
obtained in a search incidental to the arrest is
admissible as evidence. One common example of
a warrantless arrest is a buybust operation.
 General Guidelines
on FLAGRANTE DELICTO

For example, if there was a prior arrangement to

deliver shabu inside a hotel, the immediate
warrantless arrest of the accused upon his entry in
the hotel room is valid.

By contrast, the discovery of marked money on

the accused days later, does not justify a
warrantless arrest.
Case Examples of FLAGRANTE DELICTO

The well entrenched principle is that the accused

commits the crime of illegal sale of drugs as soon
as he consummates the sale transaction, whether
payment precedes or follows delivery of the drug
sold [People v. Chu, G.R. No. 143793, February
17, 2004].
Case Examples of FLAGRANTE DELICTO
However, in People v. Rodrigueza, 205 SCRA 791, the
police officer, acting as poseur-buyer in a “buy-bust
operation”, instead of arresting the suspect and taking
him into custody after the sale, returned to police
headquarters and filed his report. It was only in the
evening of the same day that the police officer,
without a warrant, arrested the suspect at the latter’s
house where dried marijuana leaves were found and
confiscated. It was held that the arrest and the seizure
were unlawful.
Case Examples of FLAGRANTE DELICTO

In the more recent People v. Nuevas, G.R. No.

170233, February 22, 2007, “reliable information”
alone, absent any overt act indicative of a
felonious enterprise in the presence and within the
view of the arresting officers, is not sufficient to
constitute probable cause to justify the arrest.
Case Examples of FLAGRANTE DELICTO

Situational Question
A call was made to the police station reporting a
two groups of men fightinhg. When the police
arrived, the men, though appeared injured, already
dispersed and merely shouting at each other.
Will you arrest them for committing physical
injuries at each other?
 General Guidelines
on HOT PURSUIT ARREST

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. This is
the "hot pursuit" arrest rule.
 General Guidelines
on HOT PURSUIT ARREST

Under this paragraph, two stringent requirements

must be complied with, namely: (i) an offense had
just been committed, and (ii) the person making
the arrest has probable cause to believe, based
on his personal knowledge of facts or of other
circumstances, that the person to be arrested had
committed it.
 Examples of HOT PURSUIT ARREST
in Robin Padilla v. Court of Appeals, G.R. No.
121917, March 12, 1997, the-Court held that there
was a valid arrest, as there was neither supervening
event nor a considerable lapse of time between the
hit-and-run and the apprehension. After the
policemen had stationed themselves at possible exits,
they saw the fast approaching vehicle, its plate
number, and the dented hood and railings thereof.
These formed part of the arresting officers’ personal
knowledge of the fact that Padilla’s vehicle was the
one involved in the incident.
 General Guidelines
on WARRANTLESS ARREST

When the person to be arrested is a prisoner who

has escaped from a penal establishment.
 Duties of a Police Officer in effecting a
Warrantless Arrest
(1) Freeze or restrain the suspect/s;
(2) Make proper introduction as to identity and authority
to arrest;
(3) Inform the arrested person of the circumstances of
his arrest and recite the Miranda Warning and Antitorture
Warning to him;
(4) Secure the person to be arrested and use handcuffs
for the protection of the arresting officer, other
individuals or the arrested person himself;
Duties of a Police Officer in effecting a
Warrantless Arrest
(5) Conduct thorough search for weapons and other
illegal materials on the person arrested and
surroundings within his immediate control;
(6) Confiscated evidence shall be properly documented
with the chain of custody of evidence duly and
clearly established;
(7) No unnecessary force shall be used in making an
arrest; and
 Duties of a Police Officer in effecting a
Warrantless Arrest

(8) Bring the arrested person to the Police Station

for further investigation and disposition. He shall
be subjected to inquest proceedings within the
time prescribed in Article 125 of the Revised
Penal Code (RPC)
 CUSTODIAL
INVESTIGATION
 DEFINITION OF CUSTODIAL
INVESTIGATION
Custodial investigation is when a person is arrested
and taken into police custody and interrogated for a
crime.

Custodial investigation also includes any questioning or

probe of a person “invited” by a law enforcement officer
in connection with an offense he or she is suspected to
have committed in accordance with Republic Act No.
7438
Duties of the Police During Custodial Investigation

The arresting officer, or the investigator, as the

case may be, shall ensure that a person arrested,
detained or under custodial investigation shall, at
all times, be assisted by counsel, preferably of his
own choice;
Duties of the Police During Custodial Investigation

The arresting officer must inform the person

arrested, detained or under custodial investigation
of the following rights under the Miranda
Doctrine in a language or dialect known to and
understood by him:
(1) That he has the right to remain silent;
(2) That if he waives his right to remain silent,
anything he says can be used in evidence against
him in court;
Duties of the Police During Custodial Investigation

The arresting officer must inform the person

arrested, detained or under custodial investigation
of the following rights under the Miranda
Doctrine in a language or dialect known to and
understood by him:
(1) That he has the right to remain silent;
(2) That if he waives his right to remain silent,
anything he says can be used in evidence against
him in court;
Duties of the Police During Custodial Investigation

The arresting officer must inform the person

arrested, detained or under custodial investigation
of the following rights under the Miranda
Doctrine in a language or dialect known to and
understood by him:
(1) That he has the right to remain silent;
(2) That if he waives his right to remain silent,
anything he says can be used in evidence against
him in court;
Duties of the Police During Custodial Investigation

(3) That he has the right to counsel of his own

choice;
(4) That, if he cannot afford one, he shall be
provided
with an independent and competent counsel; and
(5) That he has the right to be informed of such
rights.
Duties of the Police During Custodial Investigation

The arresting officer must ensure that, before the

sworn statement is signed, or thumb-marked if
there is inability to read and to write, the
document shall be read and adequately
explained to the person arrested, detained or
under custodial investigation by his counsel of
choice, or by the assisting counsel provided to
him, in the language or dialect known to him;
Duties of the Police During Custodial Investigation

The arresting officer must ensure that, before the

sworn statement is signed, or thumb-marked if
there is inability to read and to write, the
document shall be read and adequately
explained to the person arrested, detained or
under custodial investigation by his counsel of
choice, or by the assisting counsel provided to
him, in the language or dialect known to him;
Duties of the Police During Custodial Investigation
The Investigator shall be responsible for
preparing the necessary documents such as:
Affi davit-complaint; affi davit of witness; booking
and arrest report; photo copy of recovered
evidence if any; and a letter of case referral to
the Prosecutor’s Offi ce that should be signed
by the Station Commander or police station
Offi cer on Duty with the former’s unavailability.
Duties of the Police During Custodial Investigation
Arrested suspects who are under custodial
investigation. However, under no circumstances
should the arrested suspects under custodial
investigation be held in the detention center beyond
the prescribed reglementary period, unless, while
in custody, appropriate charges have been fi led
and a Commitment Order has been issued by the
court concerned or he signed the required waiver of
the rights under the provisions of Article 125 of the
RPC..
Duties of the Police During Custodial Investigation
Arrested suspects who are under custodial
investigation. However, under no circumstances
should the arrested suspects under custodial
investigation be held in the detention center beyond
the prescribed reglementary period, unless, while
in custody, appropriate charges have been fi led
and a Commitment Order has been issued by the
court concerned or he signed the required waiver of
the rights under the provisions of Article 125 of the
RPC..
Duties of the Police During Custodial Investigation
Department of Justice (DOJ) issued Circular No. 050 on 15 August 2012
1) counting of the prescribed “12-18-36” periods shall be done by the hour starting from
the time of detention.
However, there are circumstances that may be considered in determining whether the
public officer can be held liable for violating the law such as: (a) observance of non-
working holidays, during which it becomes legally and physically impossible to properly
file charges in court; (b) extraneous factors like means of communication and
transportation, the hour of the arrest or the time of surrender of an accused. It must be
noted, however, that the two exceptions should not be used as grounds for abuse. As they
can be availed of when circumstances warrant extraordinary measures, however, in no
case the exceptions absolved public officers from liability under Art. 125 if it can be
shown the delay is attended by malice, bad faith or gross negligence.

2) Upon an arrest, the person shall be brought to the nearest local law enforcement office.
Without delay, the on-duty inquest prosecutor shall conduct the inquest proceedings
within the locality, even during weekends.