When Is An Arrest Without Warrant Lawful

WHEN IS AN ARREST
WITHOUT WARRANT
LAWFUL?
> A peace officer or private person may arrest without warrant:
1. When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
2. 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
3. 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.
4. In hot pursuit
A POLICE OFFICER WAS

CHASING A PERSON WHO
HAD JUST COMMITTED AN
OFFENSE. THE PERSON
WENT INSIDE A HOUSE, SO
THE POLICE OFFICER
FOLLOWED. INSIDE THE
HOUSE, THE POLICE
OFFICER SAW DRUGS
LYING AROUND. CAN HE
CONFISCATE THE DRUGS AND
USE THEM AS EVIDENCE?
> Yes. The plain view doctrine is applicable to this case because there was a valid
prior intrusion. The police officer inadvertently discovered the evidence, he had a right
to be there, and the evidence was immediately apparent.
WHAT IF THE OFFICER MERELY

PEEKS THROUGH THE WINDOW
OF THE HOUSE AND SEES THE
DRUGS, CAN HE CONFISCATE
THEM AND USE THEM AS
EVIDENCE?
> He can confiscate them, without prejudice though to his liability for violation of domicile.
> He cannot use them as evidence because the seizure cannot be justified under the
plain view doctrine, there being no previous valid intrusion.
WHAT IS THE EFFECT IF A

WARRANTLESS ARREST IS
ILLEGAL?
> It doesn't render void all other proceedings, including those leading to the conviction
of the accused nor can the state deprived of its right to convict the guilty when all the facts
of record point
to his culpability
Sec. 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 paragraphs (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.
GUIDELINES TO
SAFEGUARD THE RIGHTS
OF AN ACCUSED WHO HAS
BEEN ARRESTED WITHOUT
A WARRANT
The arresting officer must bring the arrestee
before the inquest fiscal to determine whether the
person should remain in custody and charged in
court or if he should be released for lack of
evidence or for further investigation
WHAT IS THE REMEDY OF
THE PERSON ARRESTED
WITHOUT WARRANT IF HE
WANTS A PRELIMINARY
INVESTIGATION?
> Before the complaint or information is filed, he may
ask for a preliminary investigation provided he signs a
waiver of his rights under Article 125 of the RPC
(Delay in the Delivery to Judicial Authorities) in the
presence of counsel
o He may still apply for bail in spite of the waiver
o The investigation must be terminated within 15 days
> After the complaint was filed but before arraignment, the
accused may within 5 days from the time he learns of the
filing, ask for a preliminary investigation
HOW SHOULD THE

COMPLAINT OR INFORMATION
BE FILED WHEN THE
ACCUSED IS LAWFULLY
ARRESTED WITHOUT
WARRANT?
> The complaint or information may be filed by the prosecutor without need of preliminary
investigation provided an inquest proceeding has been conducted in accordance with existing
rules
> In the absence of an inquest prosecutor, the offended party may file the complaint directly in court
on the basis of the affidavit of the offended party or police officer
WHAT IS A WARRANT OF
ARREST?
> Legal process issued by a competent authority, directing the arrest of a person or persons
upon grounds stated therein

WHEN MAY A WARRANT OF

ARREST BE ISSUED?
> If issued by the RTC,
1. Within ten (10) days from the filing of the complaint or information, the judge shall
personally evaluate the resolution of the prosecutor and its supporting evidence.
2. He may immediately dismiss the case if the evidence on record clearly fails to establish
probable cause.
3. If he finds probable cause, he shall issue a warrant of arrest, or a commitment order if the
accused has already been arrested pursuant to a warrant issued by the MTC judge who
conducted the preliminary investigation or when the complaint or information was filed
pursuant to section 7 of this Rule.
o Pangay v. Ganay modified this rule by providing that investigating judges’ power to order the
arrest of the accused is limited to instances where there is necessity for placing him in
custody in order not to frustrate the ends of justice
4. In case of doubt on the existence of probable cause, the judge may order the
prosecutor to present additional evidence within five (5) days from notice and the issue must be
resolved by the court within thirty (30) days from the filing of the complaint of information.
5. If the warrant of arrest is issued by the MTC and if the preliminary investigation was
conducted by the prosecutor, the same procedure as above is followed

WHEN IS A WARRANT OF ARREST

NOT NECESSARY?
> A warrant of arrest is not necessary in the following instances:
1. When the accused is already in detention issued by the MTC
2. When the accused was arrested by virtue of a lawful arrest without warrant
3. When the penalty is of a fine only
4. Those covered by a summary procedure

WHAT ARE THE PRINCIPLES

GOVERNING THE FINDING OF
PROBABLE CAUSE FOR THE
ISSUANCE OF A WARRANT OF
ARREST?
> There is a distinction between the objective of determining probable cause as done by the
prosecutor and that done by the judge—the prosecutor determines it for the purpose of
filing the complaint or information; while the judge determines it for the purpose of issuing a
warrant of arrest to determine whether there is a necessity of placing the accused under immediate
custody in
order not to frustrate the ends of justice
> Since the objectives are different, the judge shouldn't rely solely on the report of the prosecutor in
finding probable cause to justify the issuance of warrant of arrest
> He must decide independently and must have supporting evidence other than the prosecutor’s
bare report
IS THE FINDING OF A JUDGE

THAT PROBABLE CAUSE EXISTS
FOR THE PURPOSE OF
ISSUING A WARRANT OF
ARREST SUBJECT TO JUDICIAL
REVIEW?
> No, that would be tantamount to asking the court to examine and assess such evidence
submitted by the parties before trial and on the basis thereof and to make a conclusion as to
whether or not it suffices to establish the guilt of the accused
CAN THE ACCUSED FILE A

MOTION TO QUASH BASED
ON INSUFFICIENCY OF
EVIDENCE?
> No, he cannot preempt the trial by filing a motion to
quash on the ground of insufficiency of evidence
> Whether the function of determining probable cause

has been correctly discharged by the prosecutor is a
matter that the trial court itself doesn't and may not pass
upon
IS THE DETERMINATION OF
PROBABLE CAUSE A JUDICIAL
OR EXECUTIVE FUNCTION?
> It depends
> Executive function: purpose of determining whether there is reasonable ground to believe
that the accused has committed the offense and should be held for trial
> Judicial function: issuance of warrant of arrest by a judge
WHAT IS PROBABLE CAUSE?

> Probable cause is the existence of such facts and circumstances as would excite the belief in a
reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person
charged was guilty of the crime for which he was prosecuted
> Based on the evidence that would be adduced by the parties
WHEN IS THERE A LAWFUL

WARRANTLESS ARREST?
1. When, in his presence, the person to be arrested has
committed, is actually committing, or is attempting to
commit an offense;
2. 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;
3. 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
4. Hot pursuit

When Is An Arrest Without Warrant Lawful

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When Is An Arrest Without Warrant Lawful

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What are the circumstances for a lawful warrantless arrest?

What are the circumstances for a lawful warrantless arrest?

What is the difference between the executive and judicial function in determining probable cause?

What is the difference between the executive and judicial function in determining probable cause?

WHEN IS AN ARREST

A POLICE OFFICER WAS

WHAT IF THE OFFICER MERELY

WHAT IS THE EFFECT IF A

o He may still apply for bail in spite of the waiver

o The investigation must be terminated within 15 days

HOW SHOULD THE

WHEN MAY A WARRANT OF

WHEN IS A WARRANT OF ARREST

WHAT ARE THE PRINCIPLES

IS THE FINDING OF A JUDGE

CAN THE ACCUSED FILE A

> Whether the function of determining probable cause

WHAT IS PROBABLE CAUSE?

WHEN IS THERE A LAWFUL

2. When an offense has just been committed and

3. When the person to be arrested is a prisoner

4. Hot pursuit

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