IS WARRANTLESS ARREST LAWFUL?

Is the arrest without a warrant legal?

This video tackles the legality of a warrantless arrest or an arrest made without a warrant issued by a competent court.

This video touches on:

Arrest (Rule 113 of the Rules of Criminal Procedure
Detention
Warrant of Arrest or Arrest Warrant
Probable Cause
In Flagrante Delicto Arrest (Caught in the Act)
Hot Pursuit Arrest
Escaped Prisoner Arrest
Violation of Bail Condition (Rule 114, Rules of Criminal Procedure

Rules of Criminal Procedure

RULE 113 - Arrest

Section 1. Definition of arrest. — Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. (1)

Section 2. Arrest; how made. — An arrest is made by an actual restraint of a 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. The person arrested shall not be subject to a greater restraint than is necessary for his detention. (2a)

Section 3. Duty of arresting officer. — It shall be the duty of the officer executing the warrant to arrest the accused and to deliver him to the nearest police station or jail without unnecessary delay. (3a)

Section 4. Execution of warrant. — The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within ten (10) days from its receipt. Within ten (10) days after the expiration of the period, the officer to whom it was assigned for execution shall make a report to the judge who issued the warrant. In case of his failure to execute the warrant, he shall state the reasons therefor. (4a)

Section 5. Arrest without warrant; when lawful. — A peace officer or a private person may, without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;

(b) 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; and

(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 is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule 112. (5a)

Section 13. Arrest after escape or rescue. — 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. (13)

Rule 114 - BAIL

Section 23. Arrest of accused out on bail. — For the purpose of surrendering the accused, the bondsmen may arrest him or, upon written authority endorsed on a certified copy of the undertaking, cause him to be arrested by a police officer or any other person of suitable age and discretion.

An accused released on bail may be re-arrested without the necessity of a warrant if he attempts to depart from the Philippines without permission of the court where the case is pending. (23a)

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Attributions:

• Illustrations were created using Doodly.

[ma.laynitalamigo]

Following your channel.Thank you for coming up this kind of program.

[nanycalda]

Malaking tulong po ang mga video nyo po atty.

[ishidump]

Thank you so much Attorney for a very fruitful and knowledgeable videos. I am a pre-law student from Polytechnic University of the Philippines - Sta. Mesa from the College of Political Science and Public Administration, and it is truly undeniable that i've been learning a lot from this channel.

May God Bless you po Attorney if you don't mind po I'd also like to get some advice from you po base on your experiences as a lawyer . Thank you po !

[reynoldesmael]

Good morning Sir. Tanong ko lang Sir, is it valid to arrest person inside of the house without a warrant? For example, the victim went to the police, and said that she beaten on her head by her boss, resulted to a lot of blood fell, and it happened 30 minuits ago.

As to the rule, " WHEN AN OFFENCE HAS IN FACT JUST BEEN COMMITTED, AND HE / SHE HAS A PERSONAL KNOWLEDGED OF FACT, INDICATING THAT THE PERSON TO BE ARRESTED HAS COMMITTED IT".

[CarmelMobe-ufhw]

Atty.. ano po pwede ikaso sa complainant na nag false testimony

[nilogonzales]

Hello po Atty,
Ask lang po anak ung hinuhuli nakatakbo Ng Hinde na nila Makita ung Tatay Ang dinala Ng mga pulis at ngayon ay nakakulong Po positive sa drug ung anak, ung Tatay never na gumanit Ng drugs or mag tulak Kaya lang nagtataka kami nun pa drug test naging positive just asking po, thanks

[florelynlaroya]

Yong, kapated ko po Attorney inaresto kahit wala pong warrants of arrest pinagbintangan po ng ng gahasa pwedi po ba at may laban din po ba kami sa curte? Sana po masagut nyo po kami