EN BANC

[A.M. No. 00-5-03-SC. October 3, 2000.]

RE: PROPOSED REVISED RULES OF CRIMINAL
PROCEDURE (RULES 110-127, REVISED RULES OF
COURT).
RESOLUTION
Acting on the letter of the Committee on Revision of the Rules of Court,
submitting the Proposed Revised Rules of Criminal Procedure for the
consideration and approval of the Court, the Court resolved to APPROVE the
same with modifications. aTDc
AH
The Revised Rules shall take effect on December 1, 2000 following its
publication in the Official Gazette and two newspapers of general circulation
not later than October 31, 2000.

THE REVISED RULES OF CRIMINAL PROCEDURE

(As amended, December 1, 2000)
||| (Revised Rules of Criminal Procedure, A.M. No. 00-5-03-SC [2000])

RULE 113

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. IDCcE
a
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.
(5a)

Arrest

SECTION 6. Time of Making Arrest. An arrest may be made on any day

and at any time of the day or night. (6)

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) EHa
DIC
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 7. Method of Arrest by Officer by Virtue of Warrant. When

making an arrest by virtue of a warrant, the officer shall inform the person to
be arrested of the cause of the arrest and the fact that a warrant has been
issued for his arrest, except when he flees or forcibly resists before the
officer has opportunity to so inform him, or when the giving of such
information will imperil the arrest. The officer need not have the warrant in his
possession at the time of the arrest but after the arrest, if the person arrested
so requires, the warrant shall be shown to him as soon as practicable. (7a)

SECTION 3. Duty of Arresting Officer. It shall be the duty of the officer

executing the warrant to arrest the accused and 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

SECTION 8. Method of Arrest by Officer Without Warrant. When making

an arrest without a warrant, the officer shall inform the person to be arrested
of his authority and the cause of the arrest, unless the latter is either
engaged in the commission of an offense, is pursued immediately after its
commission, has escaped, flees, or forcibly resists before the officer has
opportunity to so inform him, or when the giving of such information will
imperil the arrest. (8a) TAcSCH

SECTION 9. Method of Arrest by Private Person. When making an arrest,

a private person shall inform the person to be arrested of the intention to
arrest him and the cause of the arrest, unless the latter is either engaged in
the commission of an offense, is pursued immediately after its commission,
or has escaped, flees, or forcibly resists before the person making the arrest
has opportunity to so inform him, or when the giving of such information will
imperil the arrest. (9a)
SECTION 10. Officer May Summon Assistance. An officer making a lawful
arrest may orally summon as many persons as he deems necessary to assist
him in effecting the arrest. Every person so summoned by an officer shall
assist him in effecting the arrest when he can render such assistance without
detriment to himself. (10a) DcAaSI
SECTION 11. Right of Officer to Break into Building or Enclosure. An
officer, in order to make an arrest either by virtue of a warrant, or without a
warrant as provided in section 5, may break into any building or enclosure
where the person to be arrested is or is reasonably believed to be, if he is
refused admittance thereto, after announcing his authority and purpose.
(11a)
SECTION 12. Right to Break Out from Building or Enclosure. Whenever
an officer has entered the building or enclosure in accordance with the
preceding section, he may break out therefrom when necessary to liberate
himself. (12a)
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)
SECTION 14. Right of Attorney or Relative to Visit Person Arrested. Any
member of the Philippine Bar shall, at the request of the person arrested or
of another acting in his behalf, have the right to visit and confer privately with
such person in the jail or any other place of custody at any hour of the day or
night. Subject to reasonable regulations, a relative of the person arrested can
also exercise the same right. (14a)

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. CaHAcT
However, if the criminal action has already been filed, the application shall
only be made in the court where the criminal action is pending. (n)
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. (2a)
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. (3a) CSaHDT
SECTION 5. Examination of Complainant; Record. The judge must,
before issuing the warrant, personally examine in the form of searching
questions and answers, in writing and under oath, the complainant and the
witnesses he may produce on facts personally known to them and attach to
the record their sworn statements, together with the affidavits submitted. (4a)

Search and Seizure

SECTION 6. Issuance and Form of Search Warrant. If the judge is

satisfied of the existence of facts upon which the application is based or that
there is probable cause to believe that they exist, he shall issue the warrant,
which must be substantially in the form prescribed by these Rules. (5a)

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. (1)

SECTION 7. Right to Break Door or Window to Effect Search. The officer,

if refused admittance to the place of directed search after giving notice of his
purpose and authority, may break open any outer or inner door or window of
a house or any part of a house or anything therein to execute the warrant or

RULE 126

liberate himself or any person lawfully aiding him when unlawfully detained
therein. (6) ADCEcI
SECTION 8. Search of House, Room, or Premises to Be Made in Presence
of Two Witnesses. No search of a house, room, or any other premises
shall be made except in the presence of the lawful occupant thereof or any
member of his family or in the absence of the latter, two witnesses of
sufficient age and discretion residing in the same locality. (7a)
SECTION 9. Time of Making Search. The warrant must direct that it be
served in the day time, unless the affidavit asserts that the property is on the
person or in the place ordered to be searched, in which case a direction may
be inserted that it be served at any time of the day or night. (8a)
SECTION 10. Validity of Search Warrant. A search warrant shall be valid
for ten (10) days from its date. Thereafter, it shall be void. (9)
SECTION 11. Receipt for the Property Seized. The officer seizing property
under the warrant must give a detailed receipt for the same to the lawful
occupant of the premises in whose presence the search and seizure were
made, or in the absence of such occupant, must, in the presence of at least
two witnesses of sufficient age and discretion residing in the same locality,
leave a receipt in the place in which he found the seized property. (10a)
SECTION 12. Delivery of Property and Inventory Thereof to Court; Return
and Proceedings Thereon. (a) The officer must forthwith deliver the
property seized to the judge who issued the warrant, together with a true
inventory thereof duly verified under oath. AEDISC
(b) Ten (10) days after issuance of the search warrant, the issuing judge
shall ascertain if the return has been made, and if none, shall summon the
person to whom the warrant was issued and require him to explain why no
return was made. If the return has been made, the judge shall ascertain
whether section 11 of this Rule has been complied with and shall require that
the property seized be delivered to him. The judge shall see to it that
subsection (a) hereof has been complied with.
(c) The return on the search warrant shall be filed and kept by the custodian
of the log book on search warrants who shall enter therein the date of the
return, the result, and other actions of the judge.
A violation of this section shall constitute contempt of court. (11a)
SECTION 13. Search Incident to Lawful Arrest. A person lawfully arrested
may be searched for dangerous weapons or anything which may have been
used or constitute proof in the commission of an offense without a search
warrant. (12a)

SECTION 14. Motion to Quash a Search Warrant or to Suppress

Evidence; Where to File. A motion to quash a search warrant and/or to
suppress evidence obtained thereby may be filed in and acted upon only by
the court where the action has been instituted. If no criminal action has been
instituted, the motion may be filed in and resolved by the court that issued
the search warrant. However, if such court failed to resolve the motion and a
criminal case is subsequently filed in another court, the motion shall be
resolved by the latter court. (n) ADECcI
|||
(Revised Rules of Criminal Procedure, A.M. No. 00-5-03-SC [2000])