Rule 113 Arrest

1. Arrest taking a person into custody in order that he may be bound to answer for the
commission of some offense, made by an actual restraint of the person or by his submission to
custody

2. General Rule: No person may be arrested without a warrant.

Not all persons detained are arrested; only those detained to answer for an offense.

Invitations are not arrests and are usually not unconstitutional, but in some cases may be
taken as commands (Babst vs. NBI); however, the practice of issuing an invitation to a person
who is investigated in connection with an offense he is suspected to have committed is
considered as placing him under custodial investigation. (RA 7438)

Warrants of arrest remain valid until arrest is effected, or the warrant is lifted

Arrest may be made at any time of the day or night

3. Warrantless arrests by a peace officer or a private person

a. When person to be arrested is committing, attempting or has committed an offense

b. When an offense has just been committed and the person making the arrest has personal
knowledge that the person to be arrested committed it

Warrantless arrest anytime for a continuing offense like rebellion, subversion (Umil vs. Ramos)

The continuing crime, not the crime finally charged, needs only be the cause of the arrest (Umil
vs. Ramos)

c. When person to be arrested is an escaped detainee (either serving sentence or with case
pending)

1. When a person lawfully arrested escapes

2. Bondsman, for purpose of surrendering the accused

3. Accused attempts to leave country without court permission

4. Procedure

a. With warrant

1. Complainant files application with affidavits attached

 2. Judge conducts ex parte preliminary examination to determine probable cause

In determining probable cause, judge must:

(1) Personally examine witness

(2) Witness must be under oath

(3) Examination must be reduced to writing (Luna vs. Plaza)

In determining probable cause, the judge may rely on findings by responsible officer (Lim vs.
Felix)

iii. Judge issues warrant of arrest

If without preliminary examination, considered irregular (Bagcal vs. Villaraza)

iv. If peace officer is unable to serve warrant 10 days after issuance, he must file a report and
explanation with judge within 10 days

v. If warrant served

(1) Person informed that he is being arrested

(2) Informed of cause of his arrest

(3) Officer may break door or window if admission to building is refused

(4) Person physically restrained

For private citizens making an arrest

May not do so except to do some service to humanity or justice

(5) No violence or unnecessary force may be used

(6) Officer may summon assistance

(7) Person who escapes after arrest may be immediately pursued

vi. Person arrested is brought to nearest police station or jail

b. Without warrant:

1. Person is arrested
 1. Person arrested may waive right to Art. 125, RPC and ask for preliminary
investigation or inquest

Fiscal is not judicial authority contemplated under Art. 125 (Sayo vs. Chief of Police)

1. Fiscal files info

5. Requisites for a warrant of arrest:

1. Probable cause

2. Signed by judge

3. Specifically naming or particularly and sufficiently describing person to be arrested

John Doe warrants are void for being general warrants (Pangandaman vs. Cesar)

6. Remedies

a. Petition for writ of habeas corpus

Filed with any court, to effect immediate release of the person detained

Filed when a person is being illegally detained (without judicial process), or was illegally
arrested (void warrant or unlawful warrantless arrest, or warrantless arrest beyond period with no
information filed)

Habeas corpus is not allowed when:

1. The person is in custody of an officer under process of law, and

2. The court had jurisdiction to issue the process (Luna vs. Plaza)

If an arrest is improper, the remedy is a motion for quashal of the warrant of arrest and/or a
motion to quash the information, not habeas corpus (Ilagan vs. Enrile)

Habeas corpus is no longer available after an information has been filed, the information
being the judicial process required by law (Ilagan vs. Enrile)

Habeas corpus is proper when a person is being restrained illegally, e.g., imprisoned past
maximum penalty allowed by law (Gumabon vs. Director of Prisons)

b. Quashal of warrant of arrest

Filed with court which issued the warrant of arrest when the warrant of arrest is fatally flawed
c. Motion to quash information

Filed with court when information against the person arrested has been filed

Must be made in a special appearance before the court questioning only its lack of
jurisdiction over the person of the accused

Otherwise, the voluntary appearance of the person arrested by filing a motion before the court
would be deemed a submission to the authority of the court, thus granting it whatever jurisdiction
it lacked over the person

Any irregularity in the arrest is cured when the petitioner submits himself to the jurisdiction of
the court, e.g., by filing for bail (Bagcal vs. Villaraza)

7. V.V. Mendoza, Rights to Counsel in Custodial Investigation

Evolution of rights of the accused under custodial investigation

1. All involuntary confession were inadmissible; accused had to prove involuntariness

1. Involuntary confessions were inadmissible only if they were false

2. Revert to exclusionary rule: any involuntary confession is inadmissible

1. Miranda rule: the accused must be informed of his rights

1. To remain silent

2. Against self-incrimination

3. To counsel

4. Definition of custodial investigation questioned

1. It begins only after arrest

2. Police investigations prior to arrest are not covered

3. The rights may be waived, but the rights to be informed of

these rights, i.e., to warning, may not be waived

4. Warning must not only be said, officer must make sure the
person arrested understands them specifically

5. Present rules
 1. Voluntary confessions are admissible

2. Test of voluntariness determined on a case-to-case

basis

3. Waiver of rights must not only be with counsel but

must be in writing

Confessions made without assistance of counsel are inadmissible as evidence to incriminate

the accused, but they may be used to impeach the credibility of the accused, or they may be
treated as verbal admission of the accused through the testimony of the witnesses (People vs.
Molas)

Rule 114 Bail

1. Bail security given for the release of a person in custody of law, furnished by him or a
bondsman, conditioned upon his appearance before any court as required under the following
conditions:

1. Undertaking effective upon approval and remains in force at all stages until promulgation
of judgment, unless sooner cancelled

2. Accused shall appear before court when required

3. Failure to appear despite notice to him or the bondsman will waive his right to be present
and trial shall proceed in absentia

4. Bondsman shall surrender accused for execution of judgment

Bail applies to all persons detained, not just to those charged with the offense (Herras vs.
Teehankee)

Court has power to prohibit person out on bail from leaving the country (Manotoc, Jr. vs. CA)

Bail implies delivery of the accused to the sureties who, though not holding him prisoner, may
seize him and imprison him until they can deliver him to court (US vs. Bonoan)

2. General Rule: All persons are entitled to bail as a matter of right, except those charged with
capital offenses.

Right to bail traditionally unavailable to military personnel facing court martial, who are not in
the same class as civilians (Comendador vs. de Villa)

Bail should be available regardless of other circumstances or the merits of the case, if the
health or the life of the detainee is in danger (Dela Rama vs. Peoples Court)
 Excessive bail is tantamount to denial of bail, which is unconstitutional (Dela Camara vs.
Enage)

3. When bail is a matter of right

Before or after conviction by MTC, MCTC, MJC

Before conviction by the RTC of an offense not punishable by death, reclusion perpetua or life
imprisonment

4. When bail is discretionary (application filed with court where case is pending)

1. Upon conviction by RTC of an offense not punishable by death, reclusion perpetua or life
imprisonment

2. Provisional liberty under same circs. but during period to appeal subject to consent of
bondsman

3. In case he has applied for probation after final judgment, he may be allowed temporary
liberty under his bail or recognizance

5. Procedure

a. Offense charged is not capital:

i. Accused applies for bail

(1) Where information against him was filed or where case is pending

(2) Absent (1), in another branch of the same court within the province or city where he is held

(3) If arrested in another province, city or municipality, file with the RTC

(4) Absent (3), with the MTC

1. Judge sets bail

1. Accused may move to reduce bail, and hearing will be set

2. Accused posts bail and deposits the same with the Municipal/City/Provincial
Treasurer or, if cash, with the Collector of Internal Revenue

3. Accused is released

b. Offense charged is capital:

 1. Accused petitions for bail

2. Judge sets hearing to determine whether evidence of guilt is strong

Ex-parte hearing on bail is arbitrary and unacceptable (Herras vs. Teehankee)

1. Prosecution presents evidence

1. Court may not force fiscal to produce evidence (Herras vs. Teehankee)

2. If evidence is strong, bail is denied

1. Otherwise, judge sets bail and procedure for non-capital offense is

followed

In capital crimes, judges discretion is limited to determining strength of evidence and does not
cover determining whether bail should be allowed (Herras vs. Teehankee)

Evidence must be strong that the accused is guilty of the capital offense charged, not just of any
offense (Bernardez vs. Valera)

6. Bail bond an obligation under seal given by accused with one or more sureties and made
payable to proper officer with the condition to be void upon performance by the accused of such
acts as he may legally be required to perform

7. Recognizance

1. Obligation of record entered into before some court of magistrate duly authorized to take
it, with the condition to do some particular act, the most usual condition in criminal cases
being the appearance of the accused for trial

2. Does not require signature of accused for trial

3. Does not require signature of accused to be valid

8. Prosecution witnesses may be required to post bail to ensure their appearance at the trial,
except:

1. Substitution of info (see R110, 14)

2. Court believes that material witness may not appear at the trial

9. When bail required under RA 6036 (violation of ordinance, light felony, criminal offense
not higher that 6 month imprisonment and/or P2000 fine, or both)

1. a. Caught in flagrante
 2. Confessed to commission of offense unless repudiated (force and intimidation)

3. Previously escaped, evaded sentence or jumped bail

4. Violation of Sec. 2 (fails to report to clerk of court periodically under his recognizance)

5. Recidivist, habitual delinquent previously convicted for an offense to which the law or
ordinance attaches an equal or greater penalty or for 2 or more offenses to which it
attaches a lighter penalty

6. Committed offense while on parole or under conditional pardon

7. Previously pardoned by municipal or city mayor for violation of ordinance for at least 2
times

10. Instances when accused may be released on recognizance:

1. Offense charged is a violation of an ordinance, a light felony or criminal offense the

imposable penalty to which does not exceed 6 months and or P2000 fine

2. Person has been in custody for a period equal to or more than the minimum of the
imposable principal penalty, without application of the Indeterminate Sentence Law or
any modifying circumstance

3. Accused has applied for probation and before the same has been resolved, but NO BAIL
was filed or accused is incapable of filing one

4. Youthful offender held for physical and mental examination, trial or appeal, if unable to
furnish bail

11. Cancellation of bail

a. Upon application with the court and due notice to the fiscal

1. Accused surrenders back to custody

1. Accused dies

b. Automatic cancellation

1. Case is dismissed

1. Accused is acquitted

2. Accused is convicted and surrenders for execution of judgment

12. When bail cancelled or denied: after RTC imposes imprisonment exceeding 6 years, but not
more than 20 years, and:

1. Accused is a recidivist, quasi-recidivist, habitual delinquent or guilty of the aggravating

circumstance of reiteration;

2. Provisionally escaped, evaded sentence, violated provisions of bail;

3. Committed offense while on probation, parole, or conditional pardon;

4. Probability of flight; or

5. Undue risk that during appeal, he may commit another crime

13. When bail is forfeited

a. Accused fails to appear before court when required

30 days for bondsman to show cause why judgment should not be rendered against him

b. Bondsman fails to produce him within 30 days

c. Bondsman fails to satisfactorily explain to the court why accused did not appear when first
required to do so

Sureties guarantee only appearance of the accused, not his conduct (US vs. Bonoan)

Sureties exonerated if appearance made impossible by an act of God, the obligee or the law
(US vs. Bonoan)

14. Provisional forfeiture

1. Within 30 days, produce the body or give reason for non-production AND

2. Explain satisfactorily the absence of the accused when first required to appear

15. Remedies

1. Application for bail, when bail can be availed of as a matter of right

2. Petition for bail, when the offense charged is a capital offense

For judge to set hearing for the determination of strength of evidence of guilt

16. Circumstances to be considered in fixing amount of bail:

 1. Financial ability of accused to give bail;

2. Nature and circumstances of offense;

3. Penalty of offense charged;

4. Character and reputation of accused;

5. Age and health of accused

6. Weight of evidence against accused

7. Probability of accused appearing for trial;

8. Forfeiture of other bonds;

9. Fact that accused was a fugitive from justice when arrested; and

10. Pendency of other cases in which the accused is under bond

17. Notes:

1. Posting bail waives the right to question any irregularity attending the arrest of a person
(Callanta vs. Villanueva). However, this does not result in waiver of the inadmissibility
of the articles seized incidentally to such illegal arrest.

2. Accused waived the right to question any irregularity in the conduct of the preliminary
investigation when he failed to do so before entering his plea (People vs. Dela Cerna)

3. Accused out on bail may be re-arrested if he attempts to depart from the Philippines
without prior court permission (warrantless arrest allowed).