Arrest (RULE 113) | CRIMINAL PROCEDURE

Below is a comprehensive and meticulous discussion on the topic of Arrest under Rule 113 of the Revised Rules of Criminal Procedure in the Philippines, with relevant references to Remedial Law, Legal Ethics, and Legal Forms. I have organized it under several headings for clarity and completeness.

I. DEFINITION AND NATURE OF ARREST

A. Statutory Definition (Section 1, Rule 113)

  • 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 involves a physical restraint of liberty, effected by an actual restraint of the person to be arrested or by that person’s voluntary submission to the custody of one with authority to make the arrest.

B. Constitutional Basis

  • The 1987 Philippine Constitution, particularly Article III (Bill of Rights), imposes limits and safeguards against arbitrary arrests:
    • Section 2: The right of the people to be secure in their persons against unreasonable searches and seizures; no warrant shall issue except upon probable cause determined personally by the judge.
    • Section 12: Rights of a person under custodial investigation, including the right to remain silent and to have competent and independent counsel preferably of his own choice.

II. WHO MAY EFFECT THE ARREST

A. Peace Officers or Law Enforcement Officers

  • Primarily, arrests are carried out by duly authorized peace officers (e.g., members of the Philippine National Police, National Bureau of Investigation, etc.).
  • Section 2, Rule 113: A peace officer or a private person may, under certain conditions, make an arrest.

B. Private Persons (Citizen’s Arrest)

  • While arrests are generally the duty of police officers, a private person may lawfully make an arrest under the circumstances outlined in Section 5, Rule 113 (warrantless arrests).
  • Once the private person makes the arrest, the person arrested must be delivered “without unnecessary delay” to the nearest police station or jail.

III. ARREST WITH A WARRANT (Sections 3 and 4, Rule 113)

A. Requisite of a Valid Warrant of Arrest

  1. Issued by a competent judge: The judge must have jurisdiction over the offense charged.
  2. Supported by probable cause: The determination of probable cause must be made personally by the judge after an examination under oath or affirmation of the complainant and the witnesses.
  3. Particularity: The warrant must clearly identify the person to be arrested and the offense charged.

B. Procedure After Issuance

  • Once the warrant of arrest is issued, it is duty-bound upon the law enforcement officers to implement it promptly.
  • No bail recommended: The warrant typically states if the offense is bailable or not; if it is, the corresponding bail amount is often indicated.

IV. ARREST WITHOUT A WARRANT (Section 5, Rule 113)

Rule 113, Section 5 enumerates the lawful instances of arrest without a warrant, commonly referred to as warrantless arrests:

  1. In Flagrante Delicto (Section 5[a])

    • When the person to be arrested has committed, is actually committing, or is attempting to commit an offense in the presence of the officer or private person.
    • The arresting officer must have personal knowledge of facts or circumstances indicating that the person is in the act of committing the offense.

  2. Hot Pursuit (Section 5[b])

    • When an offense has just been committed and the officer has probable cause to believe, based on personal knowledge of facts or circumstances, that the person to be arrested committed it.
    • The term “just committed” requires the element of immediacy in the pursuit, and the officer must have direct knowledge linking the suspect to the crime.

  3. Escapee (Section 5[c])

    • When a person who has been lawfully arrested or confined (e.g., serving sentence, detained while under investigation, or while waiting trial) escapes from detention or confinement.
    • The officer or private person may immediately rearrest the escapee without a new warrant.

A. Other Recognized Exceptions in Jurisprudence

  • Stop and Frisk (Terry Searches): While technically not an arrest, minimal search and seizure for weapons (and by extension some contraband) in suspicious circumstances may be allowed under certain strict conditions.
  • Checkpoints: Valid if conducted in a way that does not violate constitutional rights, is authorized, and is limited to a routine inspection.

V. MANNER OF MAKING THE ARREST

A. Section 2, Rule 113

  • Arrest is made by actual restraint of a person to be arrested or by that person’s voluntary submission to custody.

B. Time and Place of Arrest

  • In principle, an arrest can be effected at any time of the day or night, except as limited by other specific rules (e.g., searching a dwelling at night with no proper warrant to search).

C. Authority to Break Into a Building (Section 11, Rule 113)

  • When the person to be arrested is inside a building or enclosure and has refused to open the door or allow entry, the officer (with or without a warrant, as lawful under the circumstances) may break into the premises after giving notice of authority and purpose if admittance is refused.
  • Similarly, after a lawful arrest, the officer may break out if necessary to free himself or the person arrested if detained.

D. Rights of the Person Arrested

  • Section 12, Article III of the Constitution provides:
    1. Right to be informed of the cause of the arrest.
    2. Right to remain silent.
    3. Right to counsel (competent and independent).
    4. Right to be visited by or consult with any relative, medical doctor, priest or religious minister, and the right to remain incommunicado is disallowed unless provided by law.
  • RA 7438 further defines the rights of persons under custodial investigation and prescribes penalties for violations thereof.

VI. AFTER THE ARREST: PROCEDURE AND DUTIES

A. Delivery to Nearest Police Station

  • Section 6, Rule 113: The arrested person must be delivered to the nearest police station or jail without unnecessary delay.
  • Immediate documentation (e.g., booking, blotter entry) must be made.

B. Inquest, Bail, or Other Judicial Proceedings

  • Inquest Proceedings: If the arrest was warrantless, and the crime is cognizable by the prosecutor’s office, the arrested person should be subjected to inquest proceedings promptly.
  • Bail: If the offense is bailable, the accused may apply for bail with the court.
  • If the arrest was by virtue of a warrant, the accused shall be brought before the court that issued the warrant (or any court if immediate appearance before the issuing court is not feasible) for appropriate proceedings.

VII. LEGAL ETHICS CONCERNS

A. Duties of Lawyers in Arrest Situations

  1. Ensuring Constitutional Rights: A lawyer must safeguard the client’s constitutional rights against illegal arrests and searches.
  2. Avoiding Conflict of Interest: If a lawyer represents multiple parties in a criminal case, ethical obligations to each client must be carefully observed.
  3. Upholding Confidentiality: A lawyer must maintain confidentiality of client communications, especially during custodial investigations.
  4. Zealous Representation Within the Bounds of Law: A lawyer must never advise or assist a client in conduct known to be illegal (e.g., resisting a lawful arrest by force), but must actively challenge unlawful arrests.

B. Canon and Code of Professional Responsibility

  • Canon 14: A lawyer shall not refuse to render legal advice to the defenseless or the oppressed. This principle underpins the lawyer’s duty to assist during or after an arrest when an accused’s rights might be violated.
  • Canon 8 & 10: Obligation to maintain fairness and candor in dealing with the court and the client, ensuring that claims of illegal arrest are raised truthfully and appropriately.

VIII. COMMON LEGAL FORMS RELATED TO ARREST

Below are examples of forms and their usual content. These are templates and must be tailored to specific facts and jurisdictions.

  1. Application for a Warrant of Arrest

    • Title/Caption: “Republic of the Philippines, Regional Trial Court, etc.”
    • Applicant: The prosecutor or complainant.
    • Affidavit or sworn statement showing the facts constituting probable cause.
    • Prayer: “Wherefore, premises considered, it is respectfully prayed that a Warrant of Arrest be issued against (Name of Accused).”

    Sample Template:

    REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
[Branch Number], [City]

PEOPLE OF THE PHILIPPINES,           CRIM CASE NO. ______
Plaintiff,

- versus -

[Name of Accused],
Accused.
-------------------------------------/

                  APPLICATION FOR ISSUANCE OF WARRANT OF ARREST

COMES NOW the undersigned Prosecutor, unto this Honorable Court, respectfully states that:

1. On [date], a Complaint for [Offense] was filed against [Name of Accused].
2. Affidavits and supporting documents, attached hereto, show that there is probable cause to believe that [Name of Accused] committed the crime of [Offense].
3. In order that the accused may be brought within the jurisdiction of this Honorable Court, it is necessary that a warrant for his/her arrest be issued.

WHEREFORE, it is respectfully prayed that a Warrant of Arrest be issued against the accused, [Name of Accused], to answer for the offense of [Offense].

Other reliefs just and equitable are likewise prayed for.

Respectfully submitted this __ day of [Month, Year] at [Place].

__________________________
[Name and Signature]
Prosecutor
Office of the City/Provincial Prosecutor

  2. Return of Warrant of Arrest

    • After serving a warrant of arrest, law enforcement must submit a “Return” to the court stating how it was executed (date, time, place), or stating the reasons if it was not executed.

    Sample Template:

    REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
[Branch Number], [City]

PEOPLE OF THE PHILIPPINES,           CRIM CASE NO. ______
Plaintiff,

- versus -

[Name of Accused],
Accused.
-------------------------------------/

                           SHERIFF’S (POLICE) RETURN

I, [Name of Officer], hereby state that on [date], by virtue of the Warrant of Arrest issued by the Honorable Court dated [date], I proceeded to serve the said warrant upon [Name of Accused] at [Address].

The arrest was accomplished on [date] at approximately [time], without incident. The accused was thereafter brought to [Police Station/Court Detention] for proper documentation and disposition.

I respectfully submit this Return to this Honorable Court on this __ day of [Month, Year] at [Place].

__________________________
[Name and Signature]
[Rank, Position]

  3. Counter-Affidavit or Affidavit of Arresting Officer (Warrantless Arrest)

    • In cases of warrantless arrests, the arresting officer may be required to submit a sworn statement explaining the circumstances of the arrest, attesting that it falls under one of the exceptions (in flagrante delicto, hot pursuit, or escapee).

IX. IMPORTANT JURISPRUDENCE

  1. People v. Molinga – Emphasizes strict adherence to the requirements for a valid in flagrante delicto arrest.
  2. People v. Bansil – Clarifies the element of immediacy in hot pursuit arrests.
  3. Posadas v. Court of Appeals – On the requirement that the arresting officer must have personal knowledge of facts for a valid warrantless arrest.
  4. Umil v. Ramos – Recognizes the rule that in certain crimes like rebellion, arrests without warrant may be justified if the suspect is caught in the act or under hot pursuit.

X. PRACTICAL POINTS AND REMINDERS

  1. Always Verify if the Arresting Officer Followed Proper Procedure:

    • Was there a valid warrant?
    • If none, does it fall under any of the recognized warrantless arrest exceptions?

  2. Immediately Assert Rights:

    • Accused must be informed of the nature of the arrest and the right to remain silent and counsel.
    • Illegal arrests can lead to the exclusion of evidence obtained as a result (fruit of the poisonous tree doctrine).

  3. Timely Challenge Illegal Arrests:

    • File the necessary motions (Motion to Quash Warrant, Motion to Suppress Evidence) if the arrest was unconstitutional.
    • However, note that an illegal arrest does not necessarily deprive the court of jurisdiction once the accused appears or pleads. The main remedy is to challenge the admissibility of evidence obtained as a result of the illegal arrest.

  4. Role of a Lawyer:

    • Ensure that the client is not subjected to intimidation, violence, or any form of coercion.
    • Guide the client in understanding their rights and possible defenses.
    • Promptly coordinate with prosecutors, inquest officers, or the court for the accused’s release on bail or personal recognizance if appropriate.

  5. Documentation:

    • Keep thorough records of time, place, manner, and all circumstances surrounding the arrest, which are crucial in evaluating its legality.

CONCLUSION

Rule 113 (Arrest) of the Revised Rules of Criminal Procedure in the Philippines lays down the legal framework for depriving an individual of liberty for purposes of answering for a criminal offense. It is a critical component of Remedial Law because it directly impacts constitutional rights related to due process and personal liberty.

  • Arrests must conform strictly to constitutional safeguards, whether effected with or without a warrant.
  • Legal ethics mandates that lawyers safeguard the accused’s rights while ensuring adherence to lawful procedures.
  • Legal forms such as applications for warrants and returns on warrants are procedural tools that reflect due compliance with the law and safeguard against arbitrary detention.

Mastery of these provisions, ethical guidelines, and the proper use of legal forms is indispensable for practitioners, law enforcement officers, and citizens alike. Understanding the nuances of Rule 113 is vital to preserving the balance between law enforcement interests and the protection of individual liberties.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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