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Warrantless Arrest and Citizen's Arrest


Let us discuss about the Warrantless Arrest and the Citizen's Arrest and how these arrests are made lawful and justified in the eyes of the law. 

Arrest as defined by law

It means 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, Rules of Court).

A person may be arrested only for a specific and definite purpose. It also doesn't mean that a person making the arrest need to restrain the person to constitute an arrest. Arrest can be made in whatever means that would necessarily implies control over the person under custody and consequently restrain the latter to leave on his own volition.

Arrest however, cannot be made lawfully without first securing a warrant from a judge of competent jurisdiction. That is only the general rule. This rule has its exceptions and that will be the topic of our discussion, these are the warrantless arrest and the citizen's arrest.

Legal Basis for the requirement of issuance of a Warrant

Our right to a lawful arrest is guaranteed by the 1987 Philippine Constitution. This right is embodied under Art. III, Sec. 2 (Bill of Rights), which says that:

"...No search warrant or warrant of arrest shall issue except upon probable cause 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 searched or the persons or things to be seized."

Indeed, as the constitution mandated, a warrant is necessary to effect a valid arrest. However, this rule pertains to those instances that actually require a warrant and the absence of which infringes upon the person's right to freedom and liberty. That, as a consequence would be a ground for his illegal arrest. Nevertheless, there are instances that the person may effect a valid arrest without a warrant.

Legal Bases for the Warrantless Arrests

Under Rule 113 of the Rules on Criminal Procedure, to effect a valid arrest, the following must be present:

Sec. 5. Arrest without a 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; (In Flagrante Delicto)

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; (Hot Pursuit) 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 confinement to another. (Escapee Exception)

In Flagrante Delicto

This term just means caught in the act of committing a crime. Literally, the person who will effect the arrest is in the scene where the perpetrator was just committed, is committing or is about to commit a crime. Thus, the term "in presence". Mere suspicion or reliable information that the arresting person has obtained from other person, who, allegedly was in the scene will not suffice the requirement to effect a valid warrantless arrest. To be valid, the arrest by reason of in flagrante delicto must comply with the following requirements:

1. The person to be arrested must execute an overt act indicating that he has just committed, is actually committing, or is attempting to commit a crime; and

2. Such overt act is done in the presence or within the view of the arresting officer.

These requirements are settled in the cases decided by the Supreme Court.

Hot Pursuit

In this exception, an arresting person or officer is not required to have personally seen or witness the actual commission of the crime, unlike in in flagrante delicto that the presence of an arresting person or officer in the commission of the crime is necessary for a valid arrest. However, this exception also requires that the offense has just been committed and the person making the arrest has personal knowledge of facts indicating that the person to be arrested has committed it. 

In this instance, the crime has perpetuated already. The person has done with the commission of the crime. The arresting person or officer on the other hand has personal knowledge based on probable cause that the person to be arrested has committed the crime. There must be a reasonable ground of suspicion on the part of the arresting person or officer. For his suspicion to be reasonable, it must be based on actual facts that creates probability of guilt on the part of the person to be arrested.

Arrest under this ground should be made within one year after the offense was allegedly committed. Otherwise, such arrest is illegal in the eyes of the law.

Aside from these exceptions, which are basically and known to some, there are also other exceptions that can be found under Rule 113, Sec. 13 and Rule 114, Sec. 23. 

Under Sec. 13 of Rule 113, when a person previously escapes or is rescued, any person may immediately pursue or retake him without a warrant at any time and in any place within the Philippines.

Also, under Sec. 23 of Rule 114, it says that a bondsman may arrest an accused for the purpose of surrendering him to the court. An accused released on bail may also be re-arrested without a warrant if he attempts to depart from the Philippines without permission of the court where his case is pending.

Citizen's Arrest

As a rule, an arrest shall be made by an officer entrusted with the law enforcement, but, under the Rules of Court, an arrest may also be effected by a private person. The person, however shall inform the person to be arrested his intention to arrest him and the reason or cause why he is being arrested.

It is true that liberty of a person is guaranteed by the constitution and it is the right that must be enjoyed by every person. But rights can be deprived when other's rights are violated. As citizens and officer witnessing these violations or commissions of what we called crimes or offences, we have the duty to take action and to restrain someone from from violating and disrespecting the law.



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