What this provision is about

Rule 113 of the Rules of Criminal Procedure governs arrest. Section 5 creates narrow exceptions to the constitutional norm that arrests require a judicial warrant. It authorizes peace officers and private persons to arrest without a warrant in only three situations:

In flagrante delicto: when the person has committed, is actually committing, or is attempting to commit an offense in the presence of the arrester.
Hot pursuit: when an offense has just been committed and the arrester has personal knowledge of facts and circumstances indicating that the person to be arrested committed it.
Escapee: when the person is an escapee—i.e., a prisoner who has escaped from a penal establishment or place of confinement, or has escaped while being transferred, or has otherwise escaped after being lawfully arrested.

These are exhaustive grounds. If the situation does not fit any of them (or another specific statutory exception), a warrant is required.

Who may arrest without a warrant

Peace officers (PNP, NBI, etc.) and private persons (ordinary citizens) may effect warrantless arrests under the same three grounds.
Barangay officials (e.g., tanods) are treated as private persons for this purpose unless acting under specific authority of law.

Core constitutional backdrop

Article III, Section 2 (searches and seizures) and Section 1 (due process) of the Constitution protect liberty and privacy.
Warrantless arrests are strictly construed against the State. The government bears the burden to show compliance with Section 5.
An unlawful arrest risks the exclusion of resulting evidence (fruits of the poisonous tree) and may expose the arrester to criminal (e.g., unlawful arrest) and civil (damages) liability.

The three grounds, unpacked

1) In flagrante delicto (caught in the act)

Elements

The arrester personally witnesses (through their senses) the person’s overt acts constituting, attempting, or immediately after completing the offense.
The offense is occurring or has just occurred in the arrester’s presence.

Practical markers

There must be clearly observable, incriminating behavior (e.g., a hand-to-hand sale of contraband, a stabbing in progress, theft in the act).
Mere suspicion, nervous demeanor, or flight—without an observed unlawful act—does not suffice.

Common applications

Buy-bust operations: The selling or delivering of dangerous drugs in a controlled operation creates the overt acts for in flagrante arrest. Reliability turns on proper pre-operation planning, identification of the seller, and documentation.

2) Hot pursuit (offense has just been committed)

Elements

An offense has just been committed; and
The arrester has personal knowledge of specific facts or circumstances indicating that the person to be arrested committed the offense.

Key constraints

Temporal immediacy: “Has just been committed” demands freshness—typically minutes or a few hours, measured by reasonableness given the circumstances (e.g., pursuit from the crime scene).
Personal knowledge: The officer must rely on facts derived from their own senses or direct, contemporaneously verified information, not mere hearsay or an uncorroborated tip. Corroborated eyewitness accounts may suffice if promptly obtained and independently assessed.

Insufficient bases

Anonymous tips without verification.
A person’s reputation or prior record, standing alone.
Arrests made after a significant time lapse absent continuous pursuit or new, personally verified facts.

3) Escapee (arrest of a person who escaped)

Scope

Applies to a prisoner who escaped from lawful custody (jail, prison, detention facility) or escaped during transfer or after a prior lawful arrest.
No warrant is required to retake the escapee wherever found, subject to rules on lawful entry (see below).

Citizen’s arrest (by private persons)

Private persons may arrest only under the same Section 5 grounds.
After arrest, the citizen must deliver the arrestee without delay to the nearest police station or jail. Detaining someone longer than necessary risks criminal liability (e.g., illegal detention) and civil damages.

Related doctrines and limits

Presence, place, and entry into homes

Section 5 allows arrest anywhere, but entering a dwelling still requires a lawful basis: valid consent, hot pursuit with exigent circumstances, fresh pursuit of an escapee, or other emergencies (e.g., to prevent harm).
Absent exigency or consent, officers should secure a warrant before entering a home to effect an arrest.

Stop-and-frisk vs. arrest

A stop-and-frisk (a brief investigatory stop and limited pat-down for weapons based on genuine, articulable suspicion) is not an arrest.
It becomes an arrest when a reasonable person would believe they are in custody (e.g., prolonged restraint, handcuffing without necessity).
Evidence found in a full search requires a lawful arrest or another exception (e.g., consent, plain view from a lawful vantage point).

Plain view

If officers are lawfully present and see incriminating items in plain view, they may seize them without a warrant provided the incriminating nature is immediately apparent and discovery is not the product of an illegal search.

Checkpoints

Properly conducted checkpoints are valid as a minimal intrusion for public safety, but warrantless arrests at checkpoints still require Section 5 grounds (e.g., in flagrante acts observed at the checkpoint or hot-pursuit facts).

Continuing crimes

Some offenses may be characterized as continuing (e.g., possession-type offenses, certain insurgency-related crimes in historic jurisprudence). Even then, specific, current facts must justify the warrantless arrest; the label alone is not enough.

After the arrest: mandatory steps and safeguards

Rights at custodial investigation

Inform the arrestee of the cause of arrest and their rights, including:
- The right to remain silent;
- The right to competent and independent counsel, preferably of their choice; and
- That statements can be used against them only if made with counsel and in writing.
Special protections apply to minors and vulnerable persons (presence of social workers, parents/guardians, and specially trained officers).

Turn-over and inquest

The arrester (officer or private person) must deliver the arrestee without delay to the nearest police station or jail.
Inquest by a prosecutor should follow promptly to determine if a case may be filed without a warrant based on the circumstances of the arrest.

Article 125, Revised Penal Code (delivery to judicial authorities)

Authorities must refer the case to a prosecutor/judge within strict time limits after arrest without a warrant:
- 12 hours for offenses punishable by light penalties;
- 18 hours for those punishable by correctional penalties;
- 36 hours for those punishable by afflictive or capital penalties.
Non-compliance may constitute delay in the delivery of detained persons and can lead to the arrestee’s release (without prejudice to further proceedings).

Searches incident to arrest

A valid warrantless arrest allows a search incident to that arrest of the person and the area within their immediate control to remove weapons and prevent evidence destruction.
If the arrest is invalid, the search incident is likewise invalid, and seized items are inadmissible.

Evidentiary consequences

Evidence obtained as a result of an illegal arrest (or illegal search) may be excluded under the exclusionary rule.
However, the illegality of arrest does not automatically void the court’s jurisdiction once the accused is properly under custody; it must be timely challenged.
Timeliness: Objections based on illegal arrest should be raised before arraignment; otherwise, such objections are generally deemed waived, though illegally seized evidence can still be suppressed.

Liability for unlawful arrests

Criminal: Unlawful arrest, arbitrary detention, delay in delivery to judicial authorities.
Civil: Damages for violation of constitutional rights and under the Civil Code.
Administrative: For public officers, possible disciplinary sanctions.

Special contexts and edge cases

Anonymous/uncorroborated tips: Insufficient by themselves for hot pursuit or in flagrante. Officers must corroborate with personally verified facts.
Flight: May be a factor but cannot replace required elements (overt act, immediacy, personal knowledge).
Minor offenders (RA 9344): Children in conflict with the law are handled with diversion/restorative processes; immediate notification of social workers and guardians is required; custodial safeguards are heightened.
Medical aid: Reasonable measures for the safety and health of the arrestee (and others) should be taken; force used must be necessary and proportional.

Quick decision checklist for officers and citizens

Which Section 5 ground applies?
- Overt act in my presence? (in flagrante)
- Crime just occurred + I have personally verified facts pointing to this person? (hot pursuit)
- Escapee from lawful custody? (escapee)
Am I lawfully in this place?
- If inside a dwelling, do I have consent or exigency?
Have I used only necessary force?
- Keep it proportionate and stop once control is achieved.
What do I do after the arrest?
- Inform of rights; deliver without delay; trigger inquest; observe Art. 125 time limits.
If evidence is seized, was the arrest valid?
- If not, expect suppression under the exclusionary rule.

Practical illustrations

Buy-bust (in flagrante): Undercover officer buys shabu; the seller hands over sachets for marked money; arrest is immediate; search incident to arrest recovers marked money and extra sachets.
Robbery minutes ago (hot pursuit): Witness gives an immediate, detailed description; officers promptly spot a person matching the description nearby, holding items identified by the victim; officers verify details and arrest.
Escapee: Detainee bolts during transfer; officers (or even private persons) may immediately retake him without a warrant.

Bottom line

Rule 113, Section 5 permits warrantless arrests, but only within tightly defined circumstances. The touchstones are: (a) clear, personal observation of a crime (in flagrante); (b) freshness plus personally verified facts linking the suspect to a just-committed crime (hot pursuit); and (c) recapture of an escapee. Anything beyond these requires a warrant or another narrowly tailored exception. Observing the post-arrest safeguards—Miranda rights, prompt inquest, and Article 125 timelines—is as crucial as getting the grounds right.