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ule 113 Arrest

1.
Instances of valid warrantless arrests:
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.
1(b) removed the requirement that an offense must have in fact been committed and
clarified that probable cause to believe based on personal knowledge of facts and
circumstances that the person to be arrested has committed it would be sufficient to
justify a warrantless arrest for an offense that has just been committed.
5.
Indubitable existence of a crime is not necessary to justify a warrantless arrest and
that personal knowledge of facts in arrests without warrant must be based
upon probable cause, which means an actual belief or reasonable grounds of suspicion.
The grounds of suspicion are reasonable when, in the absence of actual belief of the arresting
officers, the suspicion that the person to be arrested is probably guilty of committing the offense,
is based on actual facts, i.e., supported by circumstances sufficiently strong in themselves to
create the probable cause of guilt of the person to be arrested.
A reasonable suspicion therefore must be founded on probable cause, coupled with good faith
on the part of the peace officers making the arrest.
Rule 114 Bail
1.
Bail is a matter of right
1.
Before or after conviction by the MTC AND
2.
Before conviction by the RTC of an offense not punishable by death, reclusion perpetua
or life imprisonment
3.
2.
Bail is a matter of discretion after conviction by the RTC of an offense not
punishable by death, reclusion perpetua or life imprisonment.
4.
Photos taken recently means photos taken within the last six months.
5.
The application for bail may be filed and acted upon by the trial court despite the
filing of a notice of appeal, provided it has not transmitted the original record to the
appellate court.
However, if the decision of the trial court convicting the accused changed the nature of the
offense from non-bailable to bailable, the application for bail can only be filed with and resolved
by the appellate court.

This provision modified the ruling in Obosa vs. Court of Appeals in the sense that except for
decisions which changed the nature of an offense from bailable to non-bailable cases, the trial
court may still act on the application of bail even if a notice of appeal have been filed.
Even if there is no notice of appeal if the decision of the trial court convicting the accused
changed the nature of the offense from non-bailable to bailable, the application for bail can only
be filed with and resolved by the appellate court.
5. Bail may be filed with:
1.
2.

The court where the case is pending OR


Another judge of the same court within the province or city

In the absence or unavailability of the judge thereof.


6. When the presence of the accused is required by the court