ARREST

is the taking of a person into custody so he can answer

for the commission of an offense.
 WHO ARE EXEMPTED FROM
ARREST
a. President of the Philippines
b. Senators or members of the House of
Representatives, while Congress is in session, in all
offenses punishable by not more than six (6) years
imprisonment.
c.Diplomatic officials and their domestics
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 resists before the officer has opportunity
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 warrants 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
resists before the officer has opportunity to inform
him, or when the giving of such information
will imperil the arrest.
 WHEN LAWFUL WARRANTLESS ARREST IS MERITED

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 just 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 temporarily 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.
 WHEN LAWFUL WARRANTLESS ARREST IS MERITED

e. When the arrest is made by a bondsman for the

purpose of surrendering the accused.
f. Where 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 as a case
of evasion of service of sentence.
h. Arrest following a Deportation Proceeding by the
Immigration Commissioner against illegal and
undesirable aliens.
 “Hot Pursuit” Arrest
A hot pursuit arrest must have the following elements:
a) that an offense has been committed, b) offense has
just been committed, and c) that there is probable
cause based on personal knowledge of facts or
circumstances that the persons to be arrested where
the ones who committed it.
 ARREST AS RESULT OF A “BUY-BUST”
OPERATION:
is a form of entrapment which has been repeatedly accepted to
be valid means of arresting violators of Dangerous Drugs Law. It
is a means of catching a malefactor in flagrante the delicto. The
police officers conducting the operation are not only authorized
but duty-bound to apprehend the violator and to search him for
anything that may have been part of or used in the commission
of the crime.
 HOW TO EFFECT ARREST
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 of
Rules of Court)
 a. Making the Arrest.
1. Use good judgment in connection with the
arrest.

2. Assume that the subject is armed and will

take your life if given an opportunity.
 b. Arrest on the Street.
1.This should be made from the side or rear of
the person to be arrested when possible.

2.Subject should be forced toward a building.

3.Avoid congested areas when possible.

 c. Arrest at Home, Office or Business
Establishment.
1. Restrict the subject‟s movement. Do not
grant request for personal privileges before
being searched.

2. Clothing and other things requested should

be examined for weapons or items of evidence
before turning them over to the subject.
SUMMONING ASSISTANCE FOR ARREST

Any officer making a lawful arrest may verbally

summon as many as he deems necessary to aid
him in making the arrest. Every person so
summoned shall aid him in the making of such
arrest when he can render such aid without
detriment to himself (Sec 10, ibid)
 PROCEDURES WHEN ARREST IS MADE

a. Secure the person arrested (handcuff at the

back)

1. Conduct thorough search for weapons and

other illegal materials;
2. Inform the arrested person of his rights as
provided for in the Constitution
b. Use reasonable force in making arrest.

1.Confiscated evidence shall be properly

documented;

2. Bring the arrested person to the Government

Accredited Hospital for Medical Examination.

3. Bring the arrested person to the Police Station

for documentation
 ARREST OF MINORS (RA 9344, Juvenile
Justice Act of 2005)
If it has been determined that the child taken into
custody is fifteen (15) years old or below, the authority
which will have an initial contact with the child has the
duty to immediately release the child to the custody of
his/her parents or guardian, or in the absence thereof,
the child‟s nearest relative. Said authority shall give
notice to the local social welfare and development
officer. If the parents, guardians or nearest relatives
cannot be located, or if they refused to take custody,
the child may be released to any of the following:
 ARREST OF MINORS (RA 9344, Juvenile
Justice Act of 2005)
a. Duly registered non-governmental or religious
organization;

b. A barangay official or a member of the Barangay

council for the Protection of Children (BCPC);

c. A local social welfare and development officer;

DSWD
 DETENTION AND BODILY SEARCH OF A
MINOR
A child in conflict with the law shall only be
searched by a law enforcement officer of the
same gender and shall not be locked up in a
detention cell. However, if detention is
necessary, the arresting officer shall ensure that
the child shall be secured in quarters separate
from that of the opposite sex and adult
offenders.
 USE OF HANDCUFFS AND OTHER

INSTRUMENTS OF RESTRAINT OF FORCE OR RESTRAINT

Unless absolutely necessary and only after all

other methods of control have been exhausted
and have failed shall handcuffs or other
instruments of restrain be used. (Sec. 21, e)
Apprehending officers shall avoid displaying or using any firearm,
weapon, handcuffs or other instrument.

The taking of statement of the child shall be conducted in the

presence of the following:

a. child‟s counsel of choice or in the absence thereof,

a lawyer from the Public Attorney‟s Office;

b. the child‟s parents, guardian, or nearest relative, as

the case maybe be; and

c. the local social welfare and development officer

POINTS TO CONSIDER IN MAKING AN ARREST

a. Use of “Reasonable Force”:

The force to be used must be one that is only necessary to

overcome any actual resistance to the arrest (PP vs. Delima, 46
Phil 738). In U.S. vs Mojica, 42 Phil 784, the Supreme Court ruled
that a police officer, in the performance of his duty, must stand his
ground and cannot, like a private individual, take refuge in flight,
his duty requires him to overcome his opponent. The force which
he may exert therefore differ somewhat from that which may
ordinarily be offered in self-defense. A police officer is not
required to afford a person attacking him the opportunity for a fair
and equal struggle.
 POINTS TO CONSIDER IN MAKING AN ARREST

b. Arrest of Suspects on board a Moving Vehicle;

In general, vehicles carrying suspected persons may not

be fired upon solely to disable the car. The driver or
other occupant of a moving vehicle may be fired upon
only if the police has probable cause to believe that the
suspects pose an imminent danger of death to the police
or other persons, and the use of firearm does not create
a danger to the public that outweighs the like benefits of
its use.