UNLAWFUL ARREST

By: Atty. Karissa Faye Tolentino-Maxino

Policemen should be armed with the knowledge of the law and not only with guns.

The 1987 Philippine Constitution guarantees that no Filipino shall be deprived of life,
liberty, or property without due process of law. This includes not to be arrested without a
valid warrant of arrest.

The arresting officers should not just capriciously arrest anyone without a warrant. They
may conduct a warrantless arrest, but only on the following grounds: (1) In flagrante
delicto or caught in the Act- When the person to be arrested has committed, is actually
committing, or is attempting to commit an offense in the presence of an arresting officer;
(2) When an offense has just been committed and the arresting officer has probable cause
(based on personal knowledge of facts and circumstance) to believe that the person to be
arrested has committed a crime; and
(3)When the person has escaped prison/detention, or escaped while being transferred to
another facility Police should be armed with knowledge about the law. (Sec. 5, Rule 113
of the Rules of Court)

The act of arresting a person without a legal cause and without a warrant for the purpose
of delivering the person arrested to proper authorities is a crime of Unlawful Arrest under
the Revised Penal Code.

Article 269 of the Revised Penal Code provides that unlawful arrest is committed by any
person who, in any case, other than those authorized by law, or without reasonable
ground, shall arrest or detain another for the purpose of delivering him to the proper
authorities. This crime carries the penalty of arresto mayor (1 month and 1 day to 6
months) and a fine not exceeding 500 pesos.