In the Philippine legal system, the liberty of an individual is a sacred right protected by the Constitution. However, this right is not absolute. Rule 113 of the Revised Rules of Criminal Procedure serves as the definitive guide on how, when, and why a person may be deprived of their liberty through an arrest. It balances the state's power to enforce laws with the fundamental rights of the accused.
1. Definition and Essentials of a Valid Arrest
Under Section 1, 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.
- How Made: An arrest is made by an actual restraint of a person, or by their submission to the custody of the person making the arrest.
- Force Used: No unnecessary violence or unreasonable force shall be used. The person arrested shall not be subject to a greater restraint than is necessary for their detention.
2. Arrest with a Warrant
The general rule is that no person shall be arrested without a warrant issued by a judge upon a finding of probable cause.
- Duty of Officer: The officer must inform the person to be arrested of the cause of the arrest and the fact that a warrant has been issued, except when the person flees or forcibly resists.
- Possession of Warrant: The officer need not have the warrant in their possession at the time of the arrest. However, after the arrest, if the person arrested so requires, the warrant shall be shown to them as soon as practicable.
3. Arrest Without a Warrant (Warrantless Arrest)
Section 5 provides the three exclusive instances where a peace officer or a private person (Citizen's Arrest) may arrest a person without a warrant:
| Instance | Description |
|---|---|
| In Flagrante Delicto | When, in the officer's presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense. |
| Hot Pursuit | When an offense has just been committed, and the officer has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it. |
| Escaped Prisoners | When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving sentence or is temporarily confined while his case is pending. |
Important Note: "Personal knowledge" in hot pursuit does not mean the officer saw the crime, but they must have knowledge of facts that reasonably point to the suspect immediately after the crime occurred.
4. Time and Manner of Execution
- Time of Arrest: An arrest may be made on any day and at any time of the day or night.
- Right to Break Into Building: An officer, in order to make an arrest either by virtue of a warrant or without one (in the cases allowed), 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 after announcing his authority and purpose.
- Right to Break Out: An officer who has entered a building to make an arrest may break out when necessary to liberate himself.
5. Rights of the Person Arrested
Rule 113 must be read in conjunction with Republic Act No. 7438. Any person arrested, detained, or under custodial investigation shall at all times be assisted by counsel.
- Right to Counsel: The person must be informed of the right to remain silent and to have competent and independent counsel, preferably of their own choice.
- Visitation: The person arrested shall have the right to visit and conference with any member of the immediate family, medical doctor, or religious minister.
- No Torture: Any form of torture, force, violence, threat, or intimidation which vitiates the free will is strictly prohibited.
6. Duty of the Arresting Officer
After a warrantless arrest, the officer must deliver the person to the nearest police station or jail. The case must then undergo an inquest proceeding to determine if the warrantless arrest was valid before an Information is filed in court.
Failure to comply with the prescribed periods under Article 125 of the Revised Penal Code (12, 18, or 36 hours depending on the gravity of the offense) may make the officer liable for Arbitrary Detention.
7. Summoning Assistance
An officer making a lawful arrest may orally summon as many persons as he deems necessary to assist him. Every person so summoned by an officer shall assist him in the execution of the arrest, provided that he can do so without detriment to himself.
Summary of Jurisprudence
The Supreme Court has consistently ruled that any objection to the procedure of an arrest or the validity of a warrant must be made before the accused enters their plea. Failure to do so is generally considered a waiver of the right to question the legality of the arrest, though it does not waive the right to object to the admissibility of evidence seized during an illegal arrest (the "Fruit of the Poisonous Tree" doctrine).