RULE 113 ARREST Section 1. Definition of arrest.

Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. Section 2. Arrest; how made. An arrest is made by an actual restraint of a person to be arrested, or by his submission to the custody of the person making the arrest. No violence or unnecessary force shall be used in making an arrest, and the person arrested shall not be subject to any greater restraint than is necessary for his detention. Section 3. Duty of arresting officer. It shall be the duty of the officer executing the warrant without unnecessary delay to arrest the accused and to deliver him to the nearest police station or jail. Section 4. Execution of warrant. The head of the office to whom the warrant of arrest has been delivered for execution shall cause the warrant to be executed within ten (10) days from receipt thereof. Within ten (10) days after the expiration of such period, the officer to whom it was assigned for execution, shall make a report to the judge who issued the warrant and, in case of his failure to execute the same, shall state the reasons therefor. Section 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 in fact just been committed, and he has personal knowledge of facts indicating that the person to be arrested has committed it; 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 temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. In cases falling under paragraphs (a) and (b) hereof, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail, and he shall be proceeded against in accordance with Rule 112, Section 7. Section 6. Time of making arrest. An arrest may be made on any day and at any time of the day or night. Section 7. Method of arrest by officer by virtue of warrant. When making an arrest by virtue of a warrant the officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest, except when he flees or forcibly resists before the officer has opportunity so to inform him or when the giving of such information will imperil the arrest. The officer need not have the warrant in his possession at the time of the arrest but after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as practicable.

Section 8. Method of arrest by officer without warrant. When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the person to be arrested is then engaged in the commission of an offense or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such information will imperil the arrest. Section 9. Method of arrest by private person. A private person when making an arrest shall inform the person to be arrested of the intention to arrest him and cause of the arrest, unless the person to be arrested is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the person making the arrest has opportunity so to inform him, or when the giving of such information will imperil the arrest. Section 10. Officer may summon assistance. An officer making a lawful arrest may orally summon as many persons as he deems necessary to aid him in making the arrest. Every person so summoned by an officer shall aid him in the making of such arrest, when he can render such aid without detriment to himself. Section 11. Right of officer to break into building or enclosure. An officer in order to make an arrest either by virtue of a warrant, or when authorized to make such arrest for an offense without a warrant, as provided in Section 5, may break into any building or enclosure in which the person to be arrested is or is reasonably believed to be, if he is refused admittance thereto, after he has announced his authority and purpose. Section 12. Right to break out of building or enclosure to effect release. Whenever an officer has entered the building or enclosure in accordance with the provisions of the preceding section, he may break out therefrom when necessary for the purpose of liberating himself. Section 13. Arrest after escape or rescue. If a person lawfully arrested 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. Section 14. Right of attorney or relative to visit person arrested.

Any member of the bar shall, at the request of the person arrested or of another acting in his behalf, have the right to visit and confer privately with such person, in the jail or any other place of custody at any hour of the day or, in urgent cases, of the night. This right shall also be exercised by any relative of the person arrested subject to reasonable regulation.

RULE 114 BAIL [As amended by Supreme Court Administrative Circular No. 12-94, promulgated on August 16,1994 which took effect on Oct. 1, 1994] Section 1. Bail defined. Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, conditioned upon his appearance before any court as required under the conditions hereinafter specified. Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance. Section 2. Conditions of the bail; requirements. All kinds of bail are subject to the following conditions: (a) The undertaking shall be effective upon approval and remain in force at all stages of the case until its final determination, unless the proper court directs otherwise; (b) The accused shall appear before the proper court whenever so required by the court or these Rules; (c) The failure of the accused to appear at the trial without justification despite due notice shall be deemed an express waiver of his right to be present on the date specified in the notice. In such case, the trial may proceed in absentia; and (d) The accused shall surrender himself for execution of the final judgment. The original papers shall state the full name and address of the accused, the amount of the undertaking and the conditions herein required. Photographs (passport size) taken recently showing the face, left and right profiles of the accused must be attached thereto.

Section 3. Bail a matter of right; exception. All persons in custody shall, before final conviction, be entitled to bail as a matter of right, except those charged with a capital offense or an offense which, under the law at the time of its commission and at the time of the application for bail, is punishable by reclusion perpetua, when evidence of guilt is strong. Section 4. Capital offense, defined.

A capital offense, as the term is used in these Rules, is an offense which, under the law existing at the time of its commission and at the time of the application to be admitted to bail, may be punished with death. Section 5. Burden of proof in bail application.

At the hearing of an application for admission to bail filed by any person who is in custody for the commission of an offense punishable by reclusion perpetua or death, the prosecution has the burden of showing that evidence of guilt is strong. The evidence presented during the bail hearings shall be considered automatically reproduced at the trial, but upon motion of either party, the court may recall any witness for additional examination unless the witness is dead, outside of the Philippines or otherwise unable to testify. Section 6. Amount of bail; guidelines.

The judge who issued the warrant or granted the application shall fix a reasonable amount of bail considering primarily, but not limited to the following guidelines:

(a) Financial ability of the accused to give bail; (b) Nature and circumstances of the offense; (c) Penalty of the offense charged; (d) Character and reputation of the accused; (e) Age and health of the accused; (f) The weight of the evidence against the accused; (g) Probability of the accused appearing in trial; (h) Forfeiture of other bonds; (i) The fact that accused was a fugitive from justice when arrested; and (j) The pendency of other cases in which the accused is under bond. Excessive bail shall not be required. Section 7. Corporate surety. Any domestic or foreign corporation licensed as a surety in accordance with law and currently authorized to act as such may provide bail by a bond subscribed jointly by the accused and an officer duly authorized by its board of directors. Section 8. Property bond, how posted. A property bond is an undertaking constituted as lien on the real property given as security for the amount of the bail. Upon approval of the bond, the court shall order the accused to cause the annotation of the lien within ten (10) days on the original torrens title on file with the Register of Deeds, if the land is registered, or if unregistered, in the Registration Book on the space provided therefor, in the office of the Register of Deeds for the province or city where the land lies, and on the corresponding tax declaration in the office of the provincial and municipal assessor concerned. Non-compliance with the order shall be sufficient cause for cancellation of the property bond. Section 9. Qualification of sureties in property bail bond. The necessary qualification of sureties to a property bail bond shall be as follows: (a) Each of them must be a resident owner of real estate within the Philippines; (b) Where there is only one surety, his real estate must be worth at least the amount of the undertaking; (c) In case there are two or more sureties, they may justify severally in amounts less than that expressed in the undertaking if the entire sum justified to is equivalent to the whole amount of bail demanded. In all cases, every surety must be worth the amount specified in his own undertaking over and above all just debts, obligations and property exempt from execution. Section 10. Justification of sureties.

Every surety shall justify by affidavit taken before the judge, and shall be required to describe the property given as security, stating the nature of his title thereto the encumbrances thereon, the number and amount of other bonds entered into by him and remaining undischarged, and his other liabilities. The court may further examine the surety upon oath concerning their sufficiency in such manner as it may deem proper. No bond shall be approved unless the surety is qualified. Section 11. Deposit of cash as bail.

The accused or any person acting in his behalf may deposit in cash with the nearest collector of internal revenue, or provincial, city or municipal treasurer the amount of bail fixed by the court or recommended by

the fiscal who investigated or filed the case, and upon submission of a proper certificate of deposit and of a written undertaking showing compliance with the requirements of Section 2 hereof, the accused shall be discharged from custody. Money thus deposited shall be considered as bail and applied to the payment of any fine and costs and the excess, if any, shall be returned to the accused or to whoever made the deposit. Section 12. Recognizance.

Whenever allowed pursuant to law or these Rules, the court may release a person in custody on his own recognizance or that of a responsible person. Section 13. Bail, when not required; reduced bail or recognizance.

No bail shall be required when the law or these Rules so provide. When a person has been in custody for a period equal to or more than the possible maximum imprisonment of the offense charged to which he may be sentenced, he shall be released immediately, without prejudice to the continuation of the trial or the proceedings on appeal. In case the maximum penalty to which the accused may be sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment. A person in custody for a period equal to or more than the minimum of the principal penalty prescribed for the offense charged, without application of the Indeterminate Sentence Law or any modifying circumstance, shall be released on a reduced bail or on his own recognizance, at the discretion of the court. Section 14. Bail, where filed.

(a) Bail in the amount fixed may be filed with the court where the case is pending, or, in the absence or unavailability of the judge thereof, with another branch of the same court within the province or city. If the accused is arrested in a province, city or municipality other than where the case is pending bail may be filed also with any regional trial court of said place, or, if no judge thereof is available, with any metropolitan trial judge, municipal trial judge or municipal circuit trial judge therein. (b) Whenever the grant of bail is a matter of discretion, or the accused seeks to be released on recognizance, the application therefor may be filed only in the particular court where the case is pending, whether for preliminary investigation, trial, or on appeal. (c) Any person in custody who is not yet charged in court may apply for bail with any court in the province, city or municipality where he is held. Section 15. Notice of application to fiscal.

In the application for bail under the preceding section, the court must give reasonable notice of the hearing to the fiscal or require him to submit his recommendation. Section 16. Release on bail. The accused must be discharged upon approval of the bail by the judge with whom it was filed in accordance with Section 14 hereof. Whenever bail is filed with a court other than where the case is pending, the judge accepting the bail shall forward the bail, the order of release and other supporting papers to the court where the case is pending, which may, for good reason, require a different one to be filed.

Section 17. Increase or reduction of bail. After the accused shall have been admitted to bail, the court may, upon good cause shown, either increase or reduce the amount of the same. If increased, the accused may be committed to custody unless he gives bail in the increase amount thereof within a reasonable period. An accused held to answer a criminal charge but who is released without bail on the filing of a complaint or information, may, at any subsequent stage of the proceedings whenever a strong showing of guilt appears to the court be required to give bail in the amount fixed, or in lieu thereof may be committed to custody. Section 18. Forfeiture of bail bond. When the presence of the accused is specifically required by the court, or these Rules, his bondsmen shall be notified to produce him before the court on a given date. If the accused fails to appear in person as required, the bond shall be declared forfeited and the bondsmen are given thirty (30) days within which to produce their principal and to show cause why a judgment should not be rendered against them for the amount of their bond. Within the said period, the bondsmen: (a) must produce the body of their principal or give the reason for his non-production; and (b) must explain satisfactory why the accused did not appear before the court when first required to do so. Failing in these two requisites, a judgment shall be rendered against the bondsmen, jointly and severally, for the amount of the bond, and the court shall not reduce or otherwise mitigate the liability of the bondsmen, except when the accused has been surrendered or is acquitted. Section 19. Cancellation of bail bond. Upon application filed with the court and after due notice to the fiscal, the bail bond may be cancelled upon surrender of the accused or proof of his death. The bail bond shall be deemed automatically cancelled upon acquittal of the accused or dismissal of the case or execution of the final judgment of conviction. In all instances, the cancellation shall be without prejudice to any liability on the bond. Section 20. Arrest of accused out on bail. For the purpose of surrendering the accused, the bondsmen may arrest him, or on written authority endorsed on a certified copy of the undertaking may cause him to be arrested by any police officer or any other person of suitable age and discretion. An accused released on bail may be re-arrested without the necessity of a warrant if he attempts to depart from the Philippines without prior permission of the court where the case is pending. Section 21. No bail after final judgment; exception. No bail shall be allowed after the judgment has become final. However, in case the accused has applied for probation, he may be allowed temporary liberty under his bail bond, but if no bail was filed or the accused is incapable of filing one, the court may allow his release on recognizance to the custody of a responsible member of the community. In no case shall bail be allowed after the accused has commenced to served sentence.

Section 22. Court supervision of detainees. The court shall exercise supervision over all persons in custody for the purpose of eliminating all unnecessary detention. The executive judges of the Regional Trial Courts shall conduct monthly personal inspections of provincial, city and municipal jails and their prisoners within their respective jurisdictions, to inquire into their proper accommodation and health, the number of detainees, the condition of the jail facilities, the segregation of sexes and of minors from the adults, the observance of the right of detainees to confer privately with counsel, and the elimination of conditions disadvantageous to the detainees. In cities and municipalities to be specified by the Supreme Court, the municipal trial judges or municipal circuit trial judges shall conduct monthly personal inspections of municipal jails of their respective municipalities, and submit a report to the executive judge of the Regional Trial Court having jurisdiction therein. A monthly report of such visitation shall be submitted by the executive judges to the Court Administrator, stating the total number of detainees, at least the names of those held for more than thirty (30) days, the duration of detention, the crime charged, the status of the case, the cause for detention, and other pertinent information.