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RULES on

ARREST,
SEARCHES,
&
SEIZURES
JOSE WILSON ESPARCIA JR.

ARREST
RULE 113

Arrest
Definition of 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)
Drug Enforcement Officer Arrest
- Is the act of taking an offender into offender into
custody and imposing restraint upon him with
formal notification that he is under arrest.

LAWS PERTAINING TO ARREST

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)

LAWS PERTAINING TO ARREST

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

LAWS PERTAINING TO ARREST

Section
3.
Duty
of
arresting officer. It shall
be the duty of the officer
executing the warrant to
arrest the accused and to
deliver him to the nearest
police
station
or
jail
without unnecessary delay.

LAWS PERTAINING TO ARREST

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 shall make a
report to the judge who issued the
warrant. In case of his failure to

LAWS PERTAINING TO ARREST


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

LAWS PERTAINING TO ARREST


(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.
In cases falling under paragraph (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)

LAWS PERTAINING TO 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)

LAWS PERTAINING TO ARREST


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 of 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

LAWS PERTAINING TO ARREST

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 so

LAWS PERTAINING TO ARREST

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 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

LAWS PERTAINING TO ARREST

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

LAWS PERTAINING TO ARREST

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

LAWS PERTAINING TO ARREST

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.

LAWS PERTAINING TO ARREST

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

LAWS PERTAINING TO ARREST

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

Drug Enforcement Officer Restraint

This is a method employed by


the investigators to deprive
the liberty of a person by
taking
him
into
custody,
otherwise
known
as
apprehension. This is usually
called
as
detaining
for
questioning, or protective
custody.

Warrant of Arrest

A written order issued in the


name of the People of the
Philippines, signed by a judge
directed to peace officer (to
any law enforcement officer)
commanding him to arrest the
person named and described
therein and bring him/her
before the court

Universal Declaration of Human Rights


(UDHR)

Art. 3. Everyone has the right


to life, liberty and security of
person.
Art. 9. No one shall be
subjected to arbitrary arrest,
detention or exile.

International Covenant on Civil


and Political Rights (ICCPR)
Art. 9.
1.

Everyone has the right to liberty and


security of person. No one shall be
deprived of his liberty except on such
grounds and in accordance with such
procedure as are established by law.

2. Anyone who is arrested shall be


informed of the reason for his arrest
and shall be promptly informed of any
charges against him.

Conditions for making an arrest


(for arrests made with warrant)

Validly issued warrant


arrest or search warrant

of

Proper execution of the


warrant of arrest or search
warrant

Essential Requisites of a Valid Warrant


1. It must be issued upon probable
cause;
2. Probable
cause
must
be
determined personally by a
judge;
3. Such judge must examine under
oath
or
affirmation
the
complainant and the witnesses
he may produce; and
4. The warrant must particularly
describe the place to be search

Probable cause means such


facts
and
circumstances
antecedent to the issuance of
a
warrant
that
are
in
themselves
sufficient
to
induce a cautious man to rely
upon them.

Probable cause for an arrest


or for the issuance of warrant
of arrest
Would mean such fact and
circumstances which would lead
a reasonably discreet and prudent
man to believe that an offense
has been committed by the
person sought to be arrested

Probable cause for search


Would mean such facts and
circumstances which would
lead a reasonably discreet and
prudent man to believe that
an
offense
has
been
committed and that the object
sought in connection with the
offense are in the place to

Procedure for effecting Arrest


An arrest is made
restraint of a person
or by his submission
of the person making

by an actual
to be arrested
to the custody
the arrest.

No violence or unnecessary force


shall be used in making an arrest.
The person arrested shall not be
subjected to a greater restraint than
is necessary for his detention.
(Sec. 2, Rule 113)

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. (Sec. 3,
Rule 113)

Execution of Warrant
The head of office to where the
warrant or 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 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 therefore.
(Sec. 4, Rule 113)

Time of making arrest


An arrest may be made on any
day and at any time of the day or
night. (Sec. 6, Rule 113)

thod of arrest by officer by virtue of warrant


The officer shall inform the person to be
arrested of the cause of the arrest and of
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

ethod 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 so
to inform him, or when the giving of

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 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

ht of officer to break into building or enclosur

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

ght 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.

rrest 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

SEARCH
and

SEIZURE
RULE 126

SEARCH WARRANT
Introduction:
Ordinarily, no search and seizure can be
validly undertaken without a valid warrant
of search and seizure. The only lawful
means, which can be employed to search
the premises of a person, is by means of a
search warrant. The law and the rules
however admit of some exceptions
depending on the facts and circumstances
of the case.

RULE 126 Search and Seizure

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)

RULE 126 Search and Seizure


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.
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)

Notes : Search warrant, when issued


As earlier mentioned, no search
warrant may be issued 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
produced.

Search Warrant, nature of:


A search warrant is merely a process issued by the
court in the exercise of its ancillary jurisdiction and
not a criminal action which it may entertain pursuant
to is original jurisdiction. (Kenneth vs. Taypin 331
SCRA 697)
This rule should be read together with Article
129 of the Revised Penal. A public office or employee
who procures a search warrant without just cause is
open to criminal prosecution. The unlawful motives of
such applicant resulting in maliciously obtaining the
warrant may be shown by his acts preceding,
coetaneous with, or posterior to the issuant of the
warrant.

Nature of Power of courts to issue search warrants:

It is an inherent power of the courts to


issue search warrants. (Ibid.)
Application for Search Warrant, nonforum certification not needed:
An application for a warrant of search
and seizure not being an initiatory pleading
need not be accompanied by a certification
on non-forum shopping. (Ibid.)

Application for search warrant, where filed:


An application for search warrant shall be
filed with any of the following:
a) Any court within whose
jurisdiction a crime was committed;

territorial

b) For compelling reasons stated in the


application, any court within the judicial region
where the crime was committed, if the place of
commission of the crime is known, or any court
within the judicial region where the warrant shall
be enforce;

Application for search warrant, where filed:

If the criminal action has already


been filed, the application shall be filed
only in the court where the criminal
action is pending. (Sec. 2, Ibid. The rule
seems to have been adopted from the
doctrine laid down in Malaloan vs. CA
232 SCRA 249)

RULE 126 Search and Seizure


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)

Properties subject to search & seizure:


A search warrant may be issued for the
search and seizure of personal property
which is:
a) Subject of the offense;
b) Stolen or embezzled and other
proceeds or fruits of the offense;
c) Used or intended to be used as a
means of committing an offense. (Sec. 3,
Ibid.)

Effect of Diplomatic Immunity:


RA 75 expressly provides that a search warrant
cannot be validly issued against personal effects of
persons enjoying diplomatic immunity. The said law
provides penal sanctions against such acts. The
grant of diplomatic immunity is a political, which is
beyond the realm of judicial determination. So that
the moment the executive branch duly advises the
court that a particular person subject of the
application is possessed of such immunity, the court
should refrain from continuing on the hearing of the
application. If the court believes that there is really
ground for the issuance, it should refer the matter to
the DFA. (WHO vs. Aquino Nov. 29, 1972)

RULE 126 Search and Seizure


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
search and the things to be seized which
may be anywhere in the Philippines. (3a)

RULE 126 Search and Seizure


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)

RULE 126 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 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 liberate himself or
any person lawfully aiding him when
unlawfully detained therein.

Section 8. Search of house, room, or


premise to be made in presence of
two witnesses. No search of a
house, room, or any other premise
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.

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.

Section 10. Validity of search


warrant. A search warrant
shall be valid for ten (10) days
from its date. Thereafter it shall
be void.

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.

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