Cdi Chapter 3
Cdi Chapter 3
Cdi Chapter 3
The term “arrest” came from the Latin word “arrestare” which means “cause to stop” and “restare” which means “stay
behind”. These terms were used as early as during the 14th century.
On the other hand, the word search was derived from the Anglo-Norman word “searcher,” Old French cerchier which means “to
explore,” Latin word “circare" which means “go around in circles.”
TERMS TO UNDERSTAND:
1. Warrant of Arrest is
- an order in writing issued in the name of the
People of the Philippines;
- signed by a judge;
- directed to a peace officer, commanding him to arrest the person designated and take him into custody of the law
in order that he may be bound to answer for the commission of an offense.
2. Warrant Officer is any authorized member from the law enforcement agency usually from the Philippine National Police (PNP) or
National Bureau of Investigation (NBI) who holds a warrant for execution within 10 days from receipt subject to renewal in case of
failure to execute the same
3. Alias Warrant refers to the warrant of arrest issued by a judge to the peace officer after returning the original warrant of arrest after
the lapse of the 10-day validity period.
4. Search Warrant is another order in writing issued in the name of the People of the Philippines, signed by the judge and directed to a
peace officer commanding him to search for personal property and bring it before the court.
5. Richard Doe/ John (Jane) Doe Warrant is a warrant containing no specific person to be arrested but only descriptions based from the
testimonies of the victim/s or the witnesses/es. It contains the physical description of the accused as well as other factors to be
considered for the identification of the accused (Sadili & Pena, 1998).
6. Arrest is the actual taking of a person or persons into custody by an authority in order that he/they may be bound to answer for the
commission of an offense.
7. Search is the act of examining documents, papers and effects.
8. Complaint is a sworn written statement charging a person or a group of persons of an offense that is subscribed by the offended
party such as the victim/s of the offense committed, or any other peace officer charged with the enforcement of the law violated.
9. Information is an accusation in writing charging a person or a group of persons of an offense that is subscribed by the prosecutor or
fiscal. It is substantiated on oath and includes the name of the party, the offense committed, facts of the offense and other factors
relevant. (Curton,1989) .
In Morano vs. Vido, it was held that warrant of arrest may be issued by administrative authorities like the President of the
Philippines and the Commissioner of the Bureau of Immigration and Deportation only for the purpose of carrying out a final finding of a
violation of law like an order of deportation or an order of contempt, and not for the sole purpose of investigation or prosecution.
However, warrant of arrest issued by the BID for purposes of investigation is null and void for being unconstitutional (BOC-CID
vs. Judge de la Rosa).
1. When, in his (peace officer) presence, the person to be arrested has committed, is actually committing, or is attempting to commit an
offense.
In people vs. Sucro, it was held that when a police officer sees the offense, although at a distance, or hears the disturbance
created thereby, and proceeds at once to the scene thereof, he may effect an arrest without a warrant. The offense is deemed
committed in the presence or within the view of the officer.
2. When an offense has just been committed and he (peace officer) has probable cause to believe based on personal knowledge of
facts or circumstances that the person to be arrested has committed it.
Cases: In Go vs. Maguan, six days after the shooting, as petitioner presented before the San Juan Police Station to verify
news reports that he is being hunted, the police detained him because an eyewitness had positively identified him as the gunman who
shot Maguan. The SC held that there was no valid arrest; it cannot be considered as within the meaning of the offense had just been
committed in as much as six days had already elapsed; neither did the policeman have personal knowledge of facts that Go shot
Maguan.
4. When the right is validly waived. This is when the person arrested consented to the arrest, despite of no warrant showed, the person
is willing to be taken into custody.
Cases: In People vs. Dural, the illegality of the arrest is cured when the accused files a petition for bail. Appellant is estopped
from questioning the illegality of his arrest when he voluntarily submitted himself to the jurisdiction of the court by entering a plea of not
guilty and by participating in the trial. (People vs. Lopez).
Provided that the search is contemporaneous to the arrest and within the permissible area. A person
lawfully arrested may be searched for dangerous weapons or anything, which may be used as proof of the commission of an offense,
without search warrant.
The warrantless search and seizure, as an incident to a lawful arrest, may extend beyond the person of the
one arrested to include the premises or surroundings under his immediate control.
In Posadas vs. CA, the SC upheld the validity of a search made by police officers on one who, confronted by the police
because he was acting suspiciously, ran away.
But in People vs. Rodriguez, the arrest and consequent search of the accused, simply because “he was acting suspiciously”
was held invalid.
The search involves illegal entry of “smuggled goods” in our country that may affect the local businesses especially the small
time businessmen. The search is usually conducted by the officers and agents of the Bureau of Customs.
Under the plain view doctrine, police officers can seize articles or objects which inadvertently come to their view without
exerting any effort and which object is incriminatory to the accused. Based from decisions of trial courts, the doctrine includes the five
senses of an individual to detect violations of law.
The doctrine requires that a police officer in order to validate the confiscation of an object in plain view must have a right to be
in that place and whatever objects become obvious or apparent without obstruction or impairment may be subject to seizure.
The search of moving vehicles is popularly called as “check points.” This instance of warrantless search cannot be done
anytime. The “checkpoints” must be done during “abnormal times” when the public welfare is at stake. Thus, every vehicle that passes
the certain checkpoint can be searched without search warrant
Inspectors of a certain building for the purpose of maintaining sanitation, fire and building regulations are required to enter
every building as well as every room necessary to be inspected without arming themselves with search warrant. The inspectors need
not be armed with search warrant to enter the premises or rooms of the building to be inspected.
If the person submitted himself voluntarily to be searched, it is good, as there is a search warrant because of the
consent of the person to be searched. The consent of the person must not have been because of intimidation, threat of the person
making the search. Thus, the Supreme Court held that in the cases of:
People vs. Omaweng, the accused while driving a vehicle, was stopped at a checkpoint, and when the vehicle was
inspected, the soldiers asked permission to see the contents of a bag which was partially covered by a spare tire. The accused
consented, and upon inspection, the bag was found to contain marijuana. The SC ruled that there was valid waiver.
In People vs. Ramos, the SC said that the evidence for the prosecution clearly disclosed that Ramos voluntarily
allowed himself to be frisked, and that he gave the gun to the police voluntarily; thus, there was a valid waiver.
However, in People vs. Barros, the “silence of the accused” during the warrant less search was not construed as
consent.
ARREST = The taking of a person into custody so he can answer for the commission of an offense.
Duty of Arresting Officer = It shall be the duty of the officer executing the warrant without unnecessary delay to arrest and to deliver
him to the nearest police station or jail.
Techniques in Making Arrest
2. Methods of Arrest
a. With Warrant of Arrest = The officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant
has been issued for his arrest, except when he flees or forcibly resist before the officer has opportunity so to inform him or when the
giving of such information will imperil the arrest. The officer need not have the warrant in his possession at the time of the arrest but
after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as practicable.
B .Without Warrant of Arrest = The officer shall inform the person to be arrested of his authority and the cause of his arrest, unless
the person to be arrested is then engaged in the commission of an offense or is pursued immediately after its commission or after an
escape, or flees or forcibly resist before the officer has opportunity so to inform him, or when the giving of such information will imperil
the arrest.
Life of a Warrant of Arrest = A warrant of arrest, even if not served within the statutory period, remains valid unless recalled by the
issuing court, or if the accused is arrested or has voluntarily submitted himself to the jurisdiction of the issuing court, unlike a search
warrant which has a lifetime of only ten (10) days from its date of issuance.
1. In general, an arrest can be validly effected only upon lawful order or warrant of a competent court or judge.
a. When, in the law enforcer’s presence, the person to be arrested has committed, is actually committing, or is attempting to
commit an offense.
b. When an offense has in fact been committed, and the officer has personal knowledge of facts indicating 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 temporary confined while his case is pending, or has escaped while being transferred from one
confinement to another.
d. If a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him without a warrant
at any time and in any place within the Philippines.
e. When the arrest is made by a bondsman for the purpose of surrendering the accused.
f. When the accused released on bail attempts to leave the country without court permission.
g. Violation of conditional pardon, punishable under Article 159 of the Revised Penal Code.
1. This is the responsibility of the chief team leader or officer acting in his absence.
2. If the arresting party is composed of two (2) or more members, somebody must be placed in charge, preferably the most
experienced.
3. Consider the arresting party and covering party.
4. Consider protection of innocent bystanders.
5. Prevent escape of subject.
6. Make a discreet reconnaissance of the area.
7. Determine weapons and equipment needed.
8. Consider superiority of manpower and firepower.
9. Make the plan simple enough to be understood by the least experienced
operative/investigator.
10. Consider the element of SURPRISE (Daybreak has proven satisfactory for a number of
successful arrest).
11. Consider overall coordination.
12. Consider concealment or cover that might be available both in effecting the arrest and
removing the subject from the building.
13. The briefing officer should ask the participants if they have any questions regarding the
plan.
WHO MAY EXECUTE ARREST? Among others, members of the PNP and the NBI may effect arrest.
1. In general, an arrest is made by an actual restraint of the person to be arrested, or by his submission to the custody of the person
making the arrest.
= No violence or unnecessary force shall be used in making an arrest, and the person arrested shall not be subjected to any
greater restraint than is necessary for his detention (Sec. 2, Rule 113).
2. Making the arrest = Use good judgment in connection with the arrest and assume that the subject is armed and will take your life if
given an opportunity.
PERIODS WITHIN WHICH PERSON ARRESTED WITHOUT A WARRANT SHOULD BE CHARGED IN THE PROPER FORUM
= Executive Order No. 272. Dated 25 July 1987, amended Article 25 of the RPC by extending the period authorized to detain
a person prior to delivery to the judicial authority, to wit:
a. six (6) to twelve (12) hours for crimes or offenses punishable with light penalties.
b. nine (9) to eighteen (18) hours for crimes or offenses punishable with correctional penalties; and
c. eighteen (18) to thirty-six (36) hours for crimes or offenses punishable with afflictive or capital penalties.
= Executive Order No. 155, dated 30 March 1987, amending Republic Act No. 857, penalizes any public officer who deprives
a person of his right to counsel. The penalty shall be rison correctional or imprisonment of six (6) months and one (1) day to six (6)
years.
SEARCH = An examination of an individual’s person, house, papers or effects, or other buildings and premises to discover contraband
or some evidence of guilt to be used in the prosecution of a criminal action.
SEARCH WARRANT = An order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a
peace officer, commanding him to search for personal property described therein and to bring it before the court (Sec 1, Rule 126).
ITEMS TO BE SIEZED = A search warrant may be issued for the search and seizure of the following personal property:
a. Property subject of the offense;
b. Property stolen or embezzled and other proceeds or fruits of the offense; and
c. Property used or intended to be used for committing an offense. (Sec 2, Rule 126).
F. 3 Another document which is made after a search is a CERTIFICATION OF PROPERTY SEIZED. This is signed by the owner of
the seized property, and would seem to fall more under the court pronouncement above than the “Receipt for Property Seized” does.
G. As much as possible, during the opening of safes, drawers, cabinets, tables, etc,. the lifting of the articles should be done by the
owner of the house or his authorized representative, or by immediate members of his family, to preclude any suspicion of theft or
planting of evidence.
H. Thereafter, the officer must immediately deliver the things or property seized to the judge who issued the warrant, together with an
inventory duly verified under oath. (Sec 11, Ibid).
2. When the evidence to be seized is in “plain view.” The discovery of the evidence must be inadvertent or unintentional.
3. Customs search or searches made at airports/seaports in order to collect duties. This warrantless search is allowed due to urgency.
4. Search of moving vehicles may be made without a warrant because it would be impracticable to secure a search warrant before
engaging in “hot pursuit.”
5. Routine searches made at or in the interest of national security, such as border checks or checkpoints.
6. Stop-and- search or stop-and-frisk, where the search precedes the arrest, and as allowed on grounds of reasonable suspicion.
7. Search incidental to a lawful arrest. A person lawfully arrested may be searched for dangerous weapons or anything may be used
as proof of the commission of an offense, without a search warrant. (Sec 12, Rule 126).
TYPES OF SEARCHES
1. Wall Search = The purpose is to place the subject in an “off-balance” position requiring the use of both arms and legs to keep him
from falling to the ground. This is the safest type of search. It does not necessarily require a wall, any object that can support the weight
of the subject (such as a car) can be used. The procedures are:
a. Require subject to place both hands on the wall slightly higher than his waist. Spread hands as far apart as possible. Palms
should be placed against the wall, fingers extended.
b. The subject’s feet must be extended back away from the wall as far as possible. Spread then far apart as possible, toes
pointed out. Buttocks should not be on arched position.
2. Standing Search
a. Raise subject’s hand over his head and spread his feet far apart as possible.
b. This is not recommended because the subject is in the “on-balance” position.
3. Kneeling Search
a. Subject kneels on the ground with hands raise over his head.
b. this is also discouraged for the same reason as the standing search.
4. Prone Search
a. Subject lies on his stomach with arms and legs outstretched.
b. Subject has both arms and legs free and is at all times in an “on-balance” position.
c. Front part of clothing cannot be searched.
d. This can be extremely dangerous if the subject has knowledge of judo.
2. When applying handcuffs, give the following orders to the subject and follow this procedure:
a. First order: “Take your right hand off the wall and place it on your back.” Fasten the handcuff to this hand and firmly
hold the other handcuff.
b. Second order: “Move up and put your hand against the wall.” Allow the subject to move closer to the wall, making
certain his feet remain back far enough him “off-balance.”
c. Third order: “Take your other hand off the wall and place it on the small of your back.” Fasten the other handcuff
and double-lock both handcuffs.
a. Final order: “Stand up and face the wall.” Help the subject in doing this.
Legal Basis: A raid must be legal, having its basis in lawful process and conducted in a legal manner. This will be in the form
of a search warrant or warrant of arrest. The raid may be in pursuit of a person reasonably believed to be guilty of a felony when it is
known that the felony has just been committed.
OBEJCTIVES:
1. Effect an apprehension;
2. Obtain evidence of illegal activity by surprising the offenders in flagrante
delicto; or
3. Recover stolen property.
UNDERTAKING
= As in purely military operations, a raid, to be successful must have the following elements:
1. Mission 5. Orders
2. Reconnaissance 6. Execution
3. Plans
4. Instructions
PLANNING THE RAID
= The success of the raid depends upon intelligent planning and competent implementation. To achieve the necessary
elements of surprise, the operation must be performed surreptitiously and with speed.
a. The terrain and buildings should be subjected to close study.
b. In order to obtain the necessary data for planning, a reconnaissance/surveillance of the place should be conducted.
c. The participants should be informed of the nature of the mission.
d. The specific assignment and position of each member of the raiding party, the tactics to be employed, the equipment and
transportation to be used, the evaluation of possible danger points, and the optimum time to be selected should be
stressed.
e. Things to consider when planning a raid:
e.1 Need for surveillance
e.2 Number of individuals to be apprehended. Are they armed? With what? If uncertain, assume they are armed.
e.3 Are photographs and descriptions of subjects available for use in the briefing?
e.4 Determine the physical structure of the place where the criminals are located
e.5 Determine all possible escape routes
e.6 Need to discreetly photograph the place and immediate area
e.7 type of neighborhood where the hideout is located
e.8 Volume and kind of activities in the neighborhood at various times (to
determine the most desirable time to conduct the raid)
e.9 Street plans of neighborhood for possible road blocks
e.10 Do the men have confidence in the ability of the raid leader?
e.11 Consider:
= Speed – in moving into position and the execution of the plan.
= Surprise – catch subject off-guard
= Simplicity – a plan that is easy to remember and understand; this avoids confusion.
e.12 consider dividing the raiding party into:
= Cover group moves into position on first, covers advance of raiding party and avenues of escape
= Raid group: disarm and restrain subjects, searchers premises secures evidence, etc
e.13 Does every member of the raiding party know the raid plan completely? The identities and duties of all?
e.14 What is your move-out plan?
e.15 What are the instructions concerning the use of firearms?
e.16 What are the instructions concerning the possible handling of traffic?
e.17 What are the instructions concerning communications, signals, etc?
e.18 How do you identify each other? Arm band, password, insignia ,etc?
e.19 Make sure your plan avoid cross fires?
e.20 Do you have all the equipment you might need, such as flashlights,
searchlights, vehicles, transceivers, loudspeakers, firearms, teargas, etc.
e.21. Ask each participant to repeat his duties to the raid leader.
RAID OPERATION
= Coordination of individual efforts is an essential element in the success of a raid. The aiding party should act as a team. The
members of the team must thoroughly understand the objectives, the plan of action and the orders. Each man should hold his assigned
position until his orders are changed by the team leader. Before leaving the headquarters to the target, the team leader must conduct a
final briefing of personnel. Assembly of the team at a designated area should not be too close to the target, they must not show the
appearance of a formal gathering. The raiders’ vehicle must be safeguarded to prevent its use by the subjects. Vehicles which belong
to the subject should be rendered inoperative by the simplest available means. Men should be posted, depending on the number to
cordon the area to prevent possible escape and restrain people from wandering. In the event that the suspect fails to heed the warning
to surrender, entry must be made through one point to avoid mis-encounter. Upon completion of the raid, guards should be designated
to protect the property and to observe or apprehend associates of the suspect. Reassemble at a designated place for a final accounting
of all members of the raiding team.
DON’TS IN A RAID
1. Don’t take unnecessary chances.
2. Don’t underestimate the ability or courage of the subject.
3. Don’t raid when not properly prepared.
4. Don’t endanger the lives of bystanders.
5. Don’t use raiders not well-acquainted with each other.
6. Don’t forget gas masks when employing teargas.
7. Don’t be unnecessary rough on the subject.
8. Don’t shoot to kill unless very imperative.
9. Don’t touch the evidence unless seen by witnesses, or by the owner or occupant of the place.