A FEW people asked me [again] to discuss some of my answers in last weekend’s interview.
For today’s article, I will discuss the answer to the question, “When is a warrantless arrest lawful?”
Let us first define arrest.
Section 1, Rule 113 of the Criminal Procedures defines arrest as “the taking of a person into custody in order that he may be bound to answer for the commission of an offense.” Also, it 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.”
Section 2 of the 1987 Philippines Constitution provides the general rule for the requirement of a warrant of arrest to be issued based upon probable cause before arresting a person, to wit: “The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall be issued except upon probable cause 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 persons or things to be seized.”
As a general rule, a warrant of arrest is necessary before an arrest can be made. However, there are exceptions. Under Section 5, Rule 113 of the Rules of Court, an individual may be validly arrested without a warrant of arrest but only for specific instances, to wit:
“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.”
The person arrested without a warrant under the cases falling under paragraphs (a) and (b) shall be forthwith delivered to the nearest police station or jail. After that, they should proceed against in accordance with Section 7, Rule 112.
Unlawful or invalid arrests may have a variety of important legal consequences. Thus, to avoid any harm especially if you believe that you are innocent, just stay calm and do not resist the arrest. You have the right to remain silent. When you are in the police station, request for a family member to be there. You may refuse to sign any documents without legal assistance from a lawyer.
Please help spread the word. Don’t get busted for a crime you haven’t committed.
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(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
