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4. Arrest - Coggle Diagram
4. Arrest
A. Arrest, how made
Definition
An arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.
(Sec. 1, Rule 113, ROC)
In other words, a person is arrested to make him answer for the commission of an offense.
What Constitutes Arrest
Under ROC, a submission to the custody of the person making the arrest constitutes the arrest.
Thus, a person need not be actually restrained by the person making the arrest.
Intent to Arrest is Enough
For arrest to exist, it is not required that there be actual force, physical restraint, nor a formal declaration of arrest.
It is enough that there is an intent to arrest and intent of the other to submit.
"Waiting Time"
When a motorist is flagged down for a traffic violation, he is not deemed to be "under arrest" at the time that he was waiting for the traffic officer to write the citation ticket.
The period before the issuance of the ticket is merely "waiting time" where there is no intent to take the motorist into custody.
(Luz v. People)
Unnecessary Violence Not Allowed
The use of violence or unnecessary force in making an arrest is prohibited.
No person arrested shall be subject to a greater restraint than is necessary for his detention.
(Sec. 2, Rule 113, ROC)
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B. Arrest without warrant, when lawful
General Rule: No arrest can be made without a valid warrant of arrest issued by a competent judicial authority
Exception: Warrantless Arrest
When lawful
A peace officer or private person may arrest a person without a warrant in the following instances:
(a) In flagrante delicto
(b) Hot pursuit
(c) Escaping prisoner
(Sec. 5, Rule 113, Rules on Criminal Procedure)
In flagrante delicto
When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense.
Requisites
(a) Person to be arrested must execute an overt act indicating that he as committed, is actually committing, or is attempting to commit a crime
(b) Such overt act is done in the presence or within the view of the arresting officer
Must Personally Witness the Crime
In this type of warrantless arrest, the person making the arrest himself witnesses the crime.
Hence, he has personal knowledge of the commission of the offense.
Hearsay Not Enough
Reliable information alone is insufficient to support a warrantless arrest.
A hearsay tip by itself does not justify a warrantless arrest.
Hot Pursuit
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.
Requisites
(a) An offense has just been committed
(b) Person making the arrest has personal knowledge of facts indicating that the person to be arrested has committed it
No need to Personally Witness the Crime
Law enforcers need not personally witness the commission of the crime.
However, they must have personal knowledge of facts and circumstances indicating that the person sought to be arrested committed it.
Immediacy of the Arrest
The exception emphasizes the immediacy of the arrest reckoned from the commission of the crime.
Hence, the arrest must be made immediately after a crime has been committed.
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Escaped Prisoner
When the person to be arrested is a prisoner who has escabed 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.
Other Grounds
(a) Any person may arrest a person, who was previously lawfully arrested, escapes or is rescued
(b) Bondsman arrests the accused for purposes of surrendering him
(c) Accused released on bail attempts to depart from the Philippines without the court's permission while the case is pending
Who may arrest
A peace officer or private person may, without a warrant, arrest a person in flagrante delicto.
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C. Method of Arrest
By officer with warrant
The officer must inform the person to be arrested of:
(a) The cause of his arrest
(b) The fact that a warrant had been issued for his arrest
Warrant need not be in possession of the officer
The officer need not have the warrant in his possession at the time of the arrest.
However, after the arrest, the warrant shall be shown to the person arrested asap, if the person arrested so requires.
When information is not needed to be given
The information need not be given when the person to be arrested:
(a) Flees
(b) Forcibly resists
(c) The giving of information will imperil the arrest
(d) In flagrante delicto
(e) Hot pursuit
Authority to Summon Assistance
The arresting officer has the authority to orally summon as many persons as he deems necessary to assist him in effecting the arrest.
However, the duty of the person summoned does not arise when rendering assitance would cause harm to himself.
When person to be arrested is inside a building
If the person to be arrested is or is reasonably believed to be within any building, the arresting officer may break into any building or enclosure to make an arrest, if he is refused admittance.
After breaking in, he many break out from said place if necessary to liberate himself.
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By private person
The private person must inform the person to be arrested of:
(a) His intention to arrest him
(b) The cause of his arrest
When information is not needed to be given
The information need not be given when the person to be arrested:
(a) Flees
(b) Forcibly resists
(c) The giving of information will imperil the arrest
(d) In flagrante delicto
(e) Hot pursuit
Right to Break into Buildings does not apply
The right to break into a building specifically refers to an "officer" and not to a private person.
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