Rule 113 of the Rules of Court

Q.1 Why is there a need to issue warrant of arrest and to arrest the accused?
A: By arresting the accused, the court acquires jurisdiction over
his person.
If the court will allow the prosecution to present evidence
without the court acquiring jurisdiction over his person, the
proceedings would be void.
Q.1.1: Purposes of arrest:
A:
1. To acquire jurisdiction over his person
2. To let the accused answer the crime charged against him

Q.1.2: Arrest Defined:

A: 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)
Q.2: What is arrest?
A: Arrest is the taking of a person into custody in order that he may be bound to
answer for the commission of an offense.

Q.3: What is the manner of arrest?

A: 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.

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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)

Q.4:Is it necessary that the person arrested be tortured or killed?

A: 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. (sec. 2, par 2)

Q.4.1: How is an arrest made?

A: Arrest of a person shall be made by:
a. Actual restraint of a person to be arrested; or
b. Submission to the custody of the person making the arrest.

Case Law: Antonio L. Sanchez vs. The Hon. Harriet Demetriou, et al., 227 SCRA
627

Under Section 2 of Rule 113, an arrest is effected by an actual restraint of the

person to be arrested or by his voluntary submission to the custody of the
person making the arrest.
Application of actual force, manual touching of the body, physical restraint or
a formal declaration of arrest is not required. It is enough that there be an
intent on the part of the other to submit, under the belief and impression that
submission is necessary.

Q.5: What are the limitations in making an arrest?

A: In effecting an arrest, the person arresting shall not:

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 a.) Use any violence or unnecessary force in making the arrest; and
b.) The person arrested shall not be subjected to a greater restraint than is
necessary for his detention.
Q.6: What is the duty of the arresting officer?
A: 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)

Q.7: When should the warrant of arrest be served?

A: apply Section 4. Execution of warrant. —
The head of the office to whom the warrant of arrest was delivered for execution
shall:
1. cause the warrant to be executed within ten (10) days from its receipt
2. 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.
3. In case of his failure to execute the warrant, he shall state the reasons
therefor.
Q.8: Who shall implement the warrant of arrest?
A: The officers referred to in the foregoing (Sec 3, Rule 113) who may execute the
warrant of arrest are:
a.) Regular members of the National Bureau of Investigation;
b.) Regular members of the Philippine National Police;
c.) Court Sheriffs;
d.) Other public officers and employees other than those enumerated in the
foregoing authorized by special laws to execute arrest for violations of
particular laws entrusted to their officers for enforcement
( Comprehensive Criminal Investigation procedure by Virgilio DM. Sadili,
Sr. and Romeo L. Pena, First Ed., 1998, p. 209)

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Q.9: What are the legal duties of an arresting officer serving the warrant of
arrest?
A: The legal duties of an arresting officer serving the warrant of arrest are as
follows, to wit:
1.) To inform him of the reason for the arrest;
2.) To show him the warrant of arrest, if any;
3.) To inform him of his constitutional rights to remain silent and to
counsel, that he is entitled to exercise such rights, and that any
statement he might make or declare can be used against him in a court
of law;
4.) To inform him of his constitutional right to communicate with his
counsel, a relative or anyone he chooses by the most expedient means-
by telephone if possible-or by letter or messenger- who can assist him
while under arrest and detention; and
5.) It shall be the responsibility of the arresting officer to see to it that the
foregoing are accomplished.
6.) To deliver him to the nearest police station or jail.

GENERAL RULE:
A person cannot be arrested without any order from the court.
Exceptions are in SECTION 5 ( VERY IMPORTANT PROVISION!!!)

Q.10: What are the instances of warrantless arrest?

A:

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;

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 (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.

Q.11: What is the meaning of “personal knowledge” in case of warrantless arrest

under Section 5 (a) and (b)?
A: Under Section 5 (a), Rule 113 of the Revised Rules of Criminal procedure, the
officer himself knows for a fact that a crime has just been committed.

Q.12: Are the instances of lawful arrest without a warrant applicable in traffic
violations?
A: No, the general procedure for dealing with a traffic violation is not the arrest of
the offender, but the confiscation of the driver’s license of the latter.

Q. 13: Can the provincial Governor order the arrest of a person without warrant
during state of emergency?
A: No. A proclamation of a state of emergency by a provincial governor cannot
serve as legal basis for general searches and seizures, including warrantless
arrests.
Case law: Kulayan vs Tan, G.R. No. 187298, July 03, 2012
A proclamation of a state of emergency by a provincial governor cannot serve as
legal basis for general searches and seizures, including warrantless arrests. Even a
declaration of martial law by the President does not suspend the operation of the
Constitution, nor supplant the functioning of the civil courts or legislative

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assemblies, nor authorize the conferment of the jurisdiction on military courts
and agencies over civilians where civil courts are able to function, nor
automatically suspend the privilege of the writ.

Q. 14: Is reliable information a ground for a warrantless arrest?

A: No. Reliable information alone is not enough to justify a warrantless arrest.

Case Law: People vs Racho, G.R. No. 186529, August 3, 2010

Reliable information alone is not enough to justify a warrantless arrest. The
accused must perform some overt act that would indicate that he has committed,
is actually committing, or is attempting to commit an offense.

Q.15: Is the mere act of leaving the residence of a drug peddler a ground for
warrantless arrest?
A: No. The mere act of leaving a residence of a known drug peddler is not
sufficient for a valid arrest.

Case law: Sanchez vs People, G.R. 204589, November 19, 2014

The mere act of leaving the residence of a drug peddler is not sufficient for a valid
arrest, unless there is an overt manifestation that the person had just engaged in,
was actually engaging in or was attempting to engage in the criminal activity of
illegal possession of shabu.

Q.16: Is the arret of a person who presented himself to clear his name valid?
A: No. The arrest of a person who has presented himself before the police station
to clear his name and prove that he is not the accused is not valid, as he was
neither committing nor attempting to commit an offense, and the police officers

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had no personal knowledge of any offense that he might have committed. ( In the
Matter of Petition for Habeas Corpus of Datukan Malang Salibo vs. Warde,
Quezon City Jail, G.R. No. 197597, April 8, 2015).

Q.17: What is the rule on arrest in summary procedure?

A: The general rule is that the court shall not order the arrest of the accused
unless he fails to appear whenever required.
Case Law: (Office of the Court Administrator vs HON. ROSABELLA M. TORMIS,
Presiding Judge, Municipal Trial Court in Cities (MTCC), A.M. No. MTJ-12-1817
March 12, 2013)

DOCTRINE OF IN FLAGRANTE DELICTO:

Q.18: What is “in flagrante delicto” or “caught in the act” arrest?
A: When the offense has been committed by a person in the presence of the
police officer, the latter can arrest the person without need of a warrant of arrest.

Q. 19: What are the requisites for a valid warrantless arrest on the ground of in
flagrante delicto?
A:
(For a warrantless arrest of an accused caught in flagrante delicto to be
valid, two requisites must concur: (1) the person to be arrested must
execute an overt act indicating that he has just committed, is actually
committing, or is attempting to commit a crime; and (2) such overt act is
done in the presence or within the view of the arresting officer. ( People vs
JOSEPH SOLAMILLO AMAGO AND CERILO BOLONGAITA VENDIOLA,
JR., ACCUSED-APPELLANTS, G.R. No. 227739, January 15, 2020)

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Q. 20: What is the overt act test in case of warrantless arrest? What is the effect
of its absence?
A: For warrantless arrest to be valid , the accused should have exhibited an overt
act within the view of the police officers suggesting that she was in possession of
illegal drugs at the time she was apprehended, an in the absence of any overt act
showing the commission of a crime, the warrantless arrest is rendered invalid.
Case Law: Leniza Reyes vs. People, G.R. No. 229380, June 6, 2018)

Q.21: Is mere possession of marked money considered in flagrante delicto

committing a crime?
A: No. Discovery of the marked money on the accused did not mean that he was
caught in flagrante delicto of selling marijuana to validate his warrantless arrest.
Case Law: People vs ANTONIO ENRILE Y VILLAROMAN and ROGELIO
ABUGATAL Y MARQUEZ, G.R. No. 74189 May 26, 1993

Q. 22: Is the place of assignment of a police officer a requirement to validly

arrest a person?

A: No. A policemen cannot callously set aside his essential duty of

apprehending criminal offenders and of keeping peace and order on the
shallow excuse that he is not in his place of assignment.

Case Law: People vs. JOSE RAYRAY Y AREOLA, G.R. No. 90628
February 1, 1995

We cannot yield to appellant's view that just because Lt. Ancheta was
assigned in Baguio City he could not arrest persons caught in the act of

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committing a crime in some other place, especially so where he was the
intended victim. A policeman cannot callously set aside his essential duty
of apprehending criminal offenders and of keeping peace and order on the
shallow excuse that he is not in his place of assignment. His responsibility
to protect the public by apprehending violators of the law, especially one
caught in flagrante delicto is not limited by territorial constraints. It follows
him wherever he goes.

DOCTRINE OF HOT PURSUIT

Q.23: What is the doctrine of “hot pursuit”?

A: The doctrine of “hot pursuit” is clearly spelled out under

Sec.5 (b), Rule 113 of the Revised Rules on Criminal Procedure which
states that an arrest can be made without a warrant 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. (People vs . Doria, 668 SCRA [1999])

Q. 24: What is the meaning of “an offense was committed in the presence
or within the plain view of a public officer”?

A: An offense is committed in the presence or within the plain view of an

officer, within the meaning of the rule when the officer sees the offense,
although at a distance, or hears the disturbance created by and proceeds
at once to the scene thereof.

Case Law: People vs SANTIAGO EVARISTO and NOLI CARILLO, G.R.

No. 93828 December 11, 1992

Q. 25: What are the requirements for a warrantless arrest under Sec.5(b) of rule
113?

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A: The requirements are that an offense has just been committed, and the person
making the arrest has personal knowledge of facts indicating that the person to
be arrested has committed it.

Case Law: People vs ERNESTO UYBOCO y RAMOS , G.R. No. 178039

January 19, 2011

Q.26: Is presence of a police at the scene of the crime required at the time
of the commission of the crime?

A: No. in a hot pursuit arrest, police presence at the scene while the crime
was being committed is not required.

Q. 27: Is the arrest of the accused upon invitation of the barangay police
based on the personal gathering of information valid?

A: No. The acts of the barangay police on the information they got from the
victim’s stepfather did not constitute personal knowledge within the
meaning of sec.5 (b). As previously held, “personal gathering of information
is different from personal knowledge.”

Case Law: ALEJANDRO C. MIRANDA, PETITIONER, VS. PEOPLE OF

THE PHILIPPINES, G.R. No. 232192, June 22, 2020

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Q.29: What are the differences between entrapment and instigation?
INSTIGATION ENTRAPMENT
a.) In instigation, the instigator A.) In entrapment, the means
induces the would be- originates from the mind of the
defendant into committing criminal.
the offense, and himself
becomes a co-principal.
b.) In instigation, the law B.) In entrapment, the idea to commit
enforcer conceives the the crime emanated from the accused
commission of the crime and himself.
suggests the same to the
accused who adopts the idea
and carries it into execution.
(People vs Ampatuan y
Gonzales, et al, G.R. No.
188707, July 30, 2014)

Q.30: Is a warrant of arrest required in case of an entrapment operation?

A: No. An arrest made after an entrapment operation does not require a warrant
in as much as it is considered a valid warrantless arrest pursuant to Section 5(a),
Rule 113 of the Rules of Court.
Q.31: Is coordination with the PDEA an indispensable requirement in a buy -bust
operation?
A: No. Coordination with the PDEA is not an indispensable requirement before
police authorities may carry out a buy-bust operation.
Case Law: People vs EDUARDO BALAQUIOT y BALDERAMA, G.R. No. 206366
August 13, 2014

EFFECT OF IRREGULAR ARREST; WHEN AN OBJECTION SHOULD BE MADE AND

WAIVER THEREOF:

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Q.32: What are the consequences of an invalid arrest?
A: The invalidity of an arrest leads to several consequences among which
are: (a) the failure to acquire jurisdiction over the person of an accused; (b)
criminal liability of law enforcers for illegal arrest; and (c) any search
incident to the arrest becomes invalid thus rendering the evidence acquired
as constitutionally inadmissible.

MARIO VERIDIANO y SAPI vs People, G.R. No. 200370. June 7, 2017

Q. 33: When should an objection to the irregularity of arrest be made?

What is the effect of failure to object?

A: Any objection involving the arrest or the procedure in the acquisition by

the court of jurisdiction over the person of an accused must be made
before he enters his plea, otherwise, the objection is deemed waived.

Q.7.1:
Now, after 10 days? What will happen to the warrant of arrest if for example the
accused was not arrested because he can no longer be located at his address?
What will happen to the warrant of arrest? A:
Take note: The life time of the warrant of arrest is not 10 days. It is effective until
it is executed or set aside by the court. 10 days shall only mean the period within
which the officer is directed by the court to execute and to make a report as to
whether the warrant of arrest was executed or not and if it was not executed
what is the reason. The warrant of arrest remains effective until it is served or
executed, until the accused is arrested or until it is set aside.

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rule 126

RULE 126 - Search and Seizure

What is a Search Warrant define under Section 1 of the Rules of Court.
Section 1.Search warrant defined. — A search
warrant is 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
bring it before the court.

Where application for search warrant shall be

filed as a general rule? Please provide the exception to the general rule
Section 2.Court where application for search warrant shall be
filed. — An application for search warrant shall be filed with
the following:
a) Any court within whose territorial jurisdiction a
crime was committed.
b) For compelling reasons stated in the application,
any court within the judicial region where the crime
was committed if the place of the commission of the
crime is known, or any court within the judicial
region where the warrant shall be enforced.
However, if the criminal action has already been filed, the

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application shall only be made in the court where the
criminal action is pending

b) For compelling reasons stated in the application,

any court within the judicial region where the crime was
committed if the place of the commission of the crime is
known, or any court within the judicial region where the
warrant shall be enforced.

What personal property to be seized by virtue of a search warrant under section

3?

Section 3.Personal property to be seized. — A search warrant

may be issued for the search and seizure of personal
property:
(a) Subject of the offense;
(b) Stolen or embezzled and other proceeds, or fruits
of the offense; or
(c) Used or intended to be used as the means of
committing an offense

What are the Requisites for issuing search warrant under section 4?

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Section 4.Requisites for issuing search warrant. — A search
warrant shall not issue except upon probable cause in
connection with one specific offense to be determined
personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched
and the things to be seized which may be anywhere in the
Philippines

Facts: But supposed, the subject of search warrant is in

possession of marijuana, cocaine, shabu and drug
paraphernalia.
Q: Is there a need for a court to issue separate search
warrant for possession of shabu, for possession of marijuana,
and/or possession of drug paraphernalia?
Answer based on People vs. Dichoso, G.R. No.
101216, June 4, 1993

Q: Is the seizure or was the search conducted on a hut

which is located twenty (20) meters away from the house of the
accused and was not described in the search warrant valid?

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Answer based on People vsCastillo, G.R. No. 185128, January 30, 2012

What about a search of undetermined amount of shabu?

It was stated in the search warrant: ―to seize undetermined amount of shabu‖
is it valid? Answer based on People vs Tee, January 20, 2003

What is a scatter-shot warrant?

A: It is a search warrant for more than one offense.
-Take Note: A search warrant should be issued in
connection with one offense only, if it is issued for more than
one offense, it is called a scatter-shot warrant.
Q: What do you mean by general warrant?
A: A general warrant is one which fails to sufficiently specify
the place or person to be searched or things to be seized.

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