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10 Days 10 Days
HELD:
The warrant of arrest remains to be enforceable until it is executed,
recalled, or quashed. The ten (10) day period on provided on the
rules is only a directive to the officer executing the warrant to
make a return to the court.
RULE 113 ARREST, SEC. 5
Sec. 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;
(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.
PEOPLE VS. MALASUGUI 63 PHIL. 221
HELD:
The arrest was valid, Malasugui upon arrested, he voluntarily
permitted the officer to search him and take the articles in
question to be used as evidence against him. Peace officers
may make arrests without judicial warrant not only when a
crime is committed, or is about to be committed in their
presence, but also when there is reason to believe or
sufficient ground to suspect that one has been committed by
the person arrested.
Warrantless arrest under Paragraph A
(in flagrante delicto arrests)
While in the presence of the peace officer or private
person, the person to be arrested:
HELD:
Rebellion is a continuing offense, a rebel may be arrested at any time,
with or without a warrant, as he is deemed to be in the act of committing
an offense at any time of the day or night.
Warrantless arrest under Paragraph B
An offense has just been committed
HELD:
The arrest was valid. This case is one of the instances of a
warrantless arrest falling on Paragraph c of Rule 113 wherein
the person to be arrested has escaped from confinement.
Founding principle of this is that at the time of the arrest, the
escapee is in the continuous act of committing a crime which is
evasion the service of his sentence.
Persons authorized to make an arrest
Peace officers
Private persons
Duty of person making arrest
Person arrested in paragraphs A & B:
Offense cognizable in RTC, person must be delivered
to the nearest police station or jail and a complaint
or information must be filed against him.
Offense cognizable in MTC, person must be delivered
to the nearest police station or jail and the
corresponding charge preferred against him with the
proper court.