Can a person be arrested without a warrant for committing perjury in the Philippines?

Perjury, defined under Philippine law, is the willful and corrupt assertion of a falsehood under oath or affirmation, in a matter material to a judicial proceeding. It is a serious offense that undermines the judicial system and can lead to significant legal consequences. However, understanding the circumstances under which a person can be arrested without a warrant for perjury is crucial for legal clarity and public awareness.

Under the Rules of Court in the Philippines, a warrantless arrest, also known as an arrest without a warrant, is permissible only under specific conditions. According to Rule 113, Section 5 of the Revised Rules on Criminal Procedure, a warrantless arrest is lawful under three primary scenarios:

When the person to be arrested has committed, is actually committing, or is attempting to commit an offense in the presence of the arresting officer.
When an offense has just been committed, and the arresting officer has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it.
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 temporarily confined while his case is pending.

In the case of perjury, the nature of the crime typically does not meet the criteria for a warrantless arrest, as it is not usually an offense committed openly in the presence of an arresting officer. Perjury often emerges as a fact during investigations or through subsequent legal proceedings where the falsity of the previous statements is discovered. Thus, the act of making a false statement under oath itself is rarely observed directly by law enforcement.

Therefore, the general procedure for arresting someone for perjury would require the issuance of a warrant by a judge. This process involves filing a complaint with the prosecutor's office, where the evidence of perjury is presented. If probable cause is found, the prosecutor will request a judge to issue an arrest warrant against the person accused of perjury.

In summary, while the law allows for warrantless arrests in certain situations, perjury does not typically fall under these scenarios. The arrest of a person suspected of perjury generally necessitates a warrant, reflecting a procedural safeguard designed to prevent arbitrary arrests and uphold the rule of law. This process ensures that the rights of individuals are protected, and that legal proceedings are conducted with due diligence and fairness.