POLAR HILLS

Security Agency
2/F, Sta. Ana Building, Fortich St.
Malaybalay City, Bukidnon

POWER TO ARREST AND ITS LEGAL CONSEQUENCES

By: Atty. Ria Faith N. Bisahan

Objectives:
Security Guards may be called
upon to exercise a variety of legal
powers of arrest and detention.
This session will review the
sources and extent of powers of
arrest and detention, and the legal
confines within which they may be
exercised.
The potential legal consequences
of wrongful exercise of such
powers will also be covered.

POWERS OF ARREST
Authority to arrest is different for
different people. For example, the
authority
a
police
officer
possesses to make an arrest is
very different from the authority
a Security Guard has to make an
arrest. This lecture will attempt to
clarify the authority of a Security
Guard.

DEFINITION OF ARREST
ARREST-- is defined as the
taking of a person into custody
so that he can answer for the
commission of an offense.
There must be a legal basis for
an
rest.
Basically,
arrest
should be effected with a
warrant of arrest.

WARRANT OF ARREST
A warrant of arrest is an order in
writing issued in the name of the
People of the Philippines, signed
by the Judge or an officer
authorized by law and directed to
a peace officer commanding him
to arrest a person designated
and bring him before the Judge.

Means of Arrest
1) By actual restraint of the person
to be arrested;
2) By submission to the custody of
the person making the arrest.
[Rule 113, Sec. 2, par. 1]

Application of actual force, manual

touching of the body, physical restraint
or a formal declaration of arrest is not
required. It is enough that there be an
intent on the part of one of the parties
to arrest the other and an intent on the
part of the other to submit, under the
belief and impression that submission
is necessary. [Sanchez v. Demetriou
(1993)]

WHEN

CAN

SECURITY

GUARD EFFECT AN ARREST

WITHOUT A WARRANT OF
ARREST?
Arrest is done under what is
known as CITIZEN'S ARREST
or also commonly known as
WARRANTLESS ARRESTS by
private individuals.

CITIZEN'S ARREST EMPOWERS CIVILIANS

TO ARREST CRIMINALS BY THEMSELVES

Basically, a citizen's arrest is made when a private citizen

arrests another person who has committed or is
committing, or about to commit a crime. This is done even
without an arrest warrant. The apprehended person's are
then turned-over to the police who will then turn them over
to the police.

Citizens Arrest can be made if the criminal is caught

'Inflagrante Delicto' or in the actual commission of the
crime, or in hot pursuit of a prisoner who escaped.

Section 1. Territorial Power - A security

guard shall watch and secure property of
the person, the firm, or establishment with
whom he or his agency has contract for
security services. Such services shall not,
however, extend beyond the property or
compound of the said person, form or
establishment except when required by the
latter in accordance with the terms of their
contract to escort, or in hot pursuit of
criminal offender.

Section 2. Arrest by the security guard a

security guard or private detective is not therefore
clothed with police authority but he may arrest under
any of the following circumstances:
1. When in his presence, the person to be arrested has
committed; is actually committing or attempting to
commit an offense (In Flagrante delicto);
2. When an offense has just been committed and he
has probable cause to believe based on personal
knowledge of facts and circumstances that the
person to be arrested has committed (Hot Pursuit).
3. When the person to be arrested is a prisoner who
has escaped from a penal establishment or place
where he is serving final judgement or temporarily
confined while his case is pending or has escaped
while being transferred from one confinement to
another.

IN FLAGRANTE DELICTO
Literally, caught in the act of
committing a crime. When the
person to be arrested has
committed,
is
actually
committing or is attempting to
commit an offense in the
presence of the peace officer
or private person who arrested
him. [Rule 113, Sec. 5(a)]

IN FLAGRANTE DELICTO
In his presence means: [People v. Evaristo
(1992)]
a) He sees the offense, even though at a
distance;
b) He hears the disturbances created by the
offense and proceeds at once to the
scene;
c) Offense is continuing or has been
consummated at the time arrest is made.

HOT PURSUIT ARREST

When an offense has been committed and

the peace officer or private person has PC
to believe based on personal knowledge of
facts or circumstances that the person to
be arrested has committed
.

No violence or unnecessary
force shall be used in making an
arrest arrest and the person arrested
lshall not be subjected to any greater
restraint than is necessary for his
detention (Sec. 22, Rule 113, RRC)

Section 22.

Section 3. Method of arrest when making

an arrest, the watchmen, security guard or
private detective shall inform the person to be
arrested of his intention to arrest him and the
cause of his arrest, unless the person to be
arrested is then engage in the commission of
an offense or after an escape runs or flees or
forcible resist before the person making the
arrest has the opportunity to inform him, or
when giving of such information imperil the
arrest.

Example:
Arresting Citizen: "Gidakop taka subay sa
balaod nga gatugot sa pribado nga
indibidwal nga mudakop [citizen's
arrest]. Dalhon ka namo sa pulisiya para
mabutang sa ilang kustodiya ug pormal
nga pasakaan ug kaso laban kanimo.
Gidakop
taka
sa
kaso
nga
pagpangawat/trespassing/pagpanakit. Dili
ka namo pasakitan pero kung ikaw maguna ug pasakit kanamo, mapugos mi ug
gamit ug kusog kanimo"

Section 4. Duty of security guard making

arrest - Any security guard making arrest
shall immediately turn over the person
arrested to the nearest peace officer, police
outpost, or headquarters for custody and/or
appropriate actions, or he may without
necessary delay and within the time
prescribed in Article 125 of the Revised
Penal Code, as amended take the person
arrested to the proper court of law or judge
for such action as they may deem property
take.

The arresting citizen cannot detain the

suspect but the police only. Anyone who
go beyond this will be sued for illegal
detention.
Also, the arresting citizen will bear the
responsibility of protecting the life and
dignity of the suspect until the suspect is
turned over to the proper authorities.

Revised Penal Code Article 267

Kidnapping and serious illegal
detention
Any private individual who shall kidnap or detain another, or
in any other manner deprive him of his liberty, shall suffer
the penalty of reclusion perpetua to death:
1. If the kidnapping or detention shall have lasted more than
five days.
2. If it shall have been committed simulating public authority.
3. If any serious physical injuries shall have been inflicted
upon the person kidnapped or detained; or if threats to kill
him shall have been made.
4. If the person kidnapped or detained shall be a minor,
female or a public officer.

Revised Penal Code Article 267

Kidnapping and serious illegal
detention
The penalty shall be death where the
kidnapping or detention was committed for
the purpose of extorting ransom from the
victim or any other person, even if none of
the circumstances above-mentioned were
present in the commission of the offense.

Revised Penal Code Article 268

Slight illegal detention
The penalty of reclusion temporal shall be
imposed upon any private individual who
shall commit the crimes described in the
above (Kidnapping and serious illegal
detention)
paragraph
without
the
attendance of any of circumstances
enumerated therein.
The same penalty shall be incurred by anyone
who shall furnish the place for the
perpetration of the crime.

Revised Penal Code Article 268

Slight illegal detention
If the offender shall voluntarily release the
person so kidnapped or detained within
three days from the commencement of the
detention, without having attained the
purpose intended, and before the institution
of criminal proceedings against him, the
penalty shall be prison mayor in its
minimum and medium periods and a fine
not exceeding seven hundred pesos.

ARTICLE 269. UNLAWFUL

ARREST
Elements
1. Offender arrests or detains another
person;
2. The purpose of the offender is to deliver
him to the proper authorities;
3. The arrest or detention is not authorized
by law or there is no reasonable ground
therefor.

IMPORTANT POINTS TO REMEMBER

ABOUT THIS ARTICLE:
Generally, this crime is committed by
incriminating innocent persons by the
offenders planting evidence to justify the
arrest a complex crime results, that is,
unlawful
arrest
through
incriminatory
machinations under Article 363.
If the arrest is made without a warrant and
under
circumstances
not
allowing
a
warrantless arrest, the crime would be
unlawful arrest.

CONSEQUENCES OF AN ILLEGAL ARREST

1) The documents/things/articles seized following the illegal
arrest are not admissible in evidence. They are
considered fruits of the poisonous tree.
2) The arresting person/officer may be held criminally liable
for illegal arrest.
a) Unlawful arrest; [Art. 269, RPC]
b) Arbitrary detention. [Art. 124, RPC]
3) The arresting officer may be held civilly liable for
damages. [Art. 32, CC]
4) Administrative charges for disciplinary action
5) The fact that the arrest was illegal does not render the
subsequent proceedings void and deprive the State of its
right to convict when all the facts point to the culpability
of the accused.

Section 5. Search Without Warrant Any

security guard, may incite the arrest, search the
person so arrested in the presence of at least 2
witnesses. He may also search employees of
the person, firm or establishment with which he
or his agency has a contract of private
detective, watchman or security service when
such search is required by the very nature of the
business of the person, firm or establishment.

So, it is vital that you do not detain the

suspect yourselves and that you carry
the burden of protecting the suspect's
life while under your custody. Otherwise,
you will be in deep trouble with the law
itself.

By the way, the use of unlicensed firearm

does not authorize the arresting civilian
to use it. Causing unnecessary harm,
pain or injury to the suspect shall be a
case of 'Serious Physical Injury' that the
suspect can bring against the arresting
citizen or citizens later on.

Also, a suspect is deemed INNOCENT

UNTIL PROVEN GUILTY by a qualified
court. Anyone cannot simply harm
physically or even put the suspect's
dignity in bad shape.

The law against Libel and even the AntiCybercrime Act protects the right and
dignity of every individual. With this, you
need to put yourself in a safe position
when your emotion or enthusiasm is
teasing you to broadcast and destroy
one's reputation via the mass media or
Internet, even while the case against the
suspect is still being heard.

When enforcing the Citizen's Arrest, stick

to the right goal, which is to simply
preempt a crime or contain a crime, and
not letting yourself be caught in the trap.

Citizen's Arrest can indeed help a lot in

preventing crimes. We simply need to
know the rules on how to safely enforce
it and adhere to those rules so as not to
turn the tide against you and be
burdened with a criminal case that is
filed against you instead.

Thank you for your time...

6.15.11