VI.

CRIMINAL PROCEDURE

E. Arrest (Rule 113)

Definition of Arrest (Section 1)

— 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 (Section 2)

— An Arrest is made by:

a.) Actual Restraint of a Person to be Arrested

b.) his Submission to the Custody of the Person Making the Arrest

— No Violence or Unnecessary Force — shall be used in Making an Arrest

— Person Arrested — shall not be subject to a Greater Restraint than is

Necessary for his Detention

Duty of Arresting Officer (Section 3)

— it shall be the Duty of the Officer Executing the Warrant to:

a.) Arrest the Accused

b.) Deliver him — to the Nearest Police Station or Jail — without Unnecessary
Delay

Execution of Warrant (Section 4)

— The Head of the Office — to whom the Warrant of Arrest was — Delivered for
Execution shall:

a.) Cause the Warrant to be Executed

— within 10 days from its receipt

b.) Make the Report to the Judge who issued the Warrant
— within 10 days after the Expiration of the Period

c.) State the Reasons for the Failure to Execute the Warrant
— In case of Failure to Execute the Warrant
Arrests Without Warrant; When Lawful (Section 5)

Lawful Warrantless Arrests

— A Peace Officer, or a Private Person — may without a Warrant — Arrest a
Person:

I. In Flagrante Delicto

— When in his Presence — the Person to be Arrested:

a.) Has Committed

b.) is Actually Committing, or

c.) Attempting to Commit an Offense

Requisites

a.) Person to be Arrested — must Execute an Overt Act indicating

— that the Has Committed, is Actually Committing, or is Attempting to Commit a
Crime

b.) Overt Act must be Done — in the Presence or Within the View of the
Arresting Officer

c.) Upon Arrest — Bring Immediately to the Nearest Police Station

“In His Presence”

— Arresting Officer — Sees the Offense — Even though at Distance

— Arresting Officer — Hears the Disturbances — Created by the Offense —

and Proceeds at once to the Scene

“Reliable Information” Alone

— Absent any Overt Act Indicative of Felonious Enterprise — in the Presence

and Within the view of the Arresting Officers

— NOT SUFFICIENT — to Constitute Probable Cause — that would justify an in

Flagrante Delicto Arrest

II. Hot Pursuit Arrest

— 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.) The Person Making the Arrest has — Probable Cause to Believe — based on
Personal Knowledge of Facts or Circumstances — that the Person to be Arrested
has Committed it

c.) Upon Arrest — Bring Immediately to the Nearest Police Station

III. Arrest of Escaped Prisoners

— When the Person to be Arrested is a — Prisoner who has Escaped from:

a.) a Penal Establishment,

b.) Place where is Serving Final Judgment,

c.) Place where he is Temporarily Confined — while the Case is Pending, or

d.) has Escaped while being Transferred — from one Confinement to Another

IV. Other Lawful Warrantless Arrests

a.) 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 13)

b.) For the purpose of Surrendering the Accused — the Bondsmen may
Arrest him — or Cause Him to be Arrested

— by a Police Officer, or any other Person Suitable in Age and Discretion

— upon Written Authority Endorsed on a Certified Copy of the Undertaking

c.) An Accused Released on Bail — may be Re-Arrested — Without the

Necessity of a Warrant

— if he Attempts to Depart from the Philippines — without Permission of the

Court where the Case is pending

Time of Making Arrest (Section 6)

— An Arrest may be Made:

— on Any Day
— at Any Time of the Day or Night

Method of Arrest (Section 7)

I. By Officer — With Warrant

Duties of the Arresting Officer

a.) Execute the Warrant — within 10 days from its receipt

— Report to the Judge who issued the warrant — within 10 days from the
expiration of such period

— In case of Failure to Execute — the Head of the Office to whom the Warrant
was issued shall State the Reasons therefor

b.) 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

c.) General Rule — The Officer shall Inform the Person to be Arrested:

— Fact that a Warrant has been issued for his Arrest

— the Cause of the Arrest

Exceptions

— when the Person to be Arrested — Flees or Forcibly Resists — before the

Officer has the Opportunity to so Inform him

— when the Giving of such Information will Imperil the Arrest

Rights of the Arresting Officer

a.) To Orally Summon as many Persons as he Deems Necessary — to Assist

him in Effecting the Arrest (Section 10)

— every person so summoned by an officer — shall Assist him in effecting the

Arrest — when he can render assistance without Detriment to Himself

b.) To Break into Building or Enclosure when the following Requisites concur:
(Section 11)

— the Person to be Arrested is — or is Reasonably Believed to be in the Said

Building

— he has Announced his Authority — and Purpose of Entering therein

— he has Requested and has been Refused Admittance thereto

c.) To Break Out from the Building or Enclosure — when Necessary to Liberate
Himself (Section 12)

d.) To Search the Person to Arrested

— for Dangerous Weapons or anything which may have been Used or Constitute
Proof in the Commission of an Offense without Warrant

II. By Officer — Without Warrant

General Rule — The Officer shall Inform the Person to be Arrested:

— His Authority

— the Cause of the Arrest

— Miranda Rights

— Conduct Preventive Search — Incidental to a Lawful Arrest

Exceptions:

— when the Person to be Arrested is Engaged in the Commission of the Offense

is Pursued Immediately After its Commission

— when he has Escaped, Flees, or Forcibly Resists before the Officer has the
Opportunity to so Inform him
— when the Giving of such Information will Imperil the Arrest

III. By Private Person (Citizen’s Arrest)

a.) General Rule — The Private Person shall Inform the Person to be
Arrested:

— Intention to Arrest Him

— the Cause of the Arrest

— Miranda Rights

— Conduct Preventive Search — Incidental to a Lawful Arrest

Exceptions:

— when the Person to be Arrested is Engaged in the Commission of the Offense

is Pursued Immediately After its Commission

— when he has Escaped, Flees, or Forcibly Resists before the Officer has the
Opportunity to so Inform him

— when the Giving of such Information will Imperil the Arrest

Private Person must Deliver the Arrested Person — to the Nearest Police
Station or Jail

— and he shall be Proceeded against in accordance with Section 7, Rule 112 —

otherwise — he shall be Held Liable for Illegal Detention

Requisites of a Valid Warrant

— The Warrant must:

a.) be Issued upon Probable Cause

— Determined Personally by the Judge — after Examination under Oath or

Affirmation of the Complainant and the Witnesses he may Produce

— Judge may opt to Personally Evaluate or Review the Findings of the

Prosecutor
b.) Particularly Describe — the Person sought to be Arrested

Determination of Probable Cause — for the Issuance of a Warrant of Arrest

— Probable Cause — in connection with the issuance of a warrant of Arrest:

— assumes the existence of Facts and Circumstances

— that would lead a Reasonably Discreet and Prudent Man to Believe

— that a Crime has been Committed — and that it was likely Committed by the
Person Sought to be Arrested

Rules on Illegality of Arrest

— the Legality of Arrest Affects only the Jurisdiction over the Person of the
Accused

Waiver of Objections as to the Illegality of Arrest

— Any Objections — involving the Arrest or the Procedure in the Court’s

Acquisition of Jurisdiction over the Person of an Accused — must be Made
Before the Accused Enters his Plea

— Otherwise — the Objection is Deemed Waived

— The Application for Bail, or Admission to Bail — shall not Bar the Accused
from Challenging the Validity of his Arrest or the Legality of the Warrant issued —
provided that it was Raised before he Enters his Plea

Waiver of the Right to Question an Illegal Warrantless Arrest

— does not also mean a Waiver as to the Objections to the Admissibility of

Evidence Seized — during the Illegal Warrantless Arrest

Invalid Arrest Is Cured

a.) when the Accused Voluntarily Submits to the Jurisdiction of the Trial Court

b.) by the Filing of an Information in Court and the Subsequent Issuance by the
Judge of a Warrant of Arrest

December 2020 — Electronic Warrant System

— Memorandum of Agreement between PNP, through its Chief and the Office of
the Court Administrator

— for the main reason of Expediency — a Uniform Warrant shall be issued — so

that it may be Accessed Systematically in a Data Base

(Dalawang Kaso — Puerto Princesa at Pasay — Nag file ng kaso dun sa Puerto
nag inform kay Pasay na may kaso. Pwede mag issue ng Commitment Order si
Pasay para bound din yung Accused sa crime niya doon sa Pasay)

F. Bail (Rule 114)

Bail (Section 1)

— Security Given — for the Release of a Person in Custody of Law

— Furnished by Him or a Bondsman

— to Guarantee his Appearance before any Court

— as required under the Conditions hereinafter specified

Bail may be Given in the Form of:

a.) Corporate Surety

b.) Property Bond

c.) Cash Deposit

d.) Recognizance

— Requires Approval of the Court

Condition of the Bail (Section 2)

a.) The Undertaking shall be Effective upon Approval

— and Unless Cancelled shall Remain in all Stages of the Case

— until Promulgation of the Judgment of RTC

— Irrespective of whether the Case was — Originally Filed in or Appealed to it

b.) The Accused shall Appear before the Proper Court — whenever 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 a Waiver of his Right to be Present thereat — in such case,

the Trial may Proceed in Absentia

d.) The Bondsman shall Surrender the Accused to the Court — for Execution of
the Final Judgment

Purpose

a.) to Relieve an Accused from Imprisonment until his Conviction — and yet
Guarantee his Appearance at Trial

b.) Presumption of Innocence until Guilt is Proven Beyond Reasonable Doubt

c.) to Enable the Accused to Prepare his Defense without being subject to
Punishment prior to Conviction

Requirement of Custody

— General Rule — Custody of Law is required — before the Court can act on an
Application for Bail

— Exceptions — Custody is Law not Required in the following cases:

a.) when a Bail is required to Guarantee the Appearance of a Material Witness

b.) when Bail is required to Guarantee the Appearance of a Prosecution Witness

— in cases where there is Substitution of the Information

Bail as a Matter of Right (Section 4)

I. Before or After Conviction — by MTC

— because these Courts have No Jurisdiction to try Capital Offenses or Offenses

punishable by D, RP, LI

II. Before Conviction — by RTC — Offense not punishable by D, RP, LI

Bail as a Matter of Discretion (Section 5)

I. Upon Conviction — by the RTC — Offense not punishable by D, RP LI

— the Application for Bail may be — Filed in and Acted upon by the RTC —
Despite the Filing of Notice of Appeal — provided that — it has not Transmitted
the Original Record to the Appellate Court

— if the RTC Decision — changed the Nature of the offense from — Non-
Bailable to Bailable — the application for bail can only be filed and resolved by
the Appellate Court

— should the Court grant the application — the accused may be allowed to
continue on Provisional Liberty — during the pendency of Appeal — under the
same Bail — subject to the Consent of the Bondsman

II. If the RTC — has imposed a Penalty of Imprisonment exceeding 6 years

— the Accused shall be Denied Bail or his Bail Shall be Cancelled — upon
showing by the Prosecution — with Notice to the Accused — of any of the
following circumstances:

a.) that he is a Recidivist, Quasi-Recidivist, Habitual Delinquent, or has

Committed a Crime aggravated by Reiteration

b.) that he has Previously Escaped from Legal Confinement, Evaded Sentence,
Violated Conditions of his Bail without Valid Justification

c.) that he Committed the Offense while under — Probation, Parole, Conditional
Pardon

d.) Circumstances indicating the Probability of Flight

e.) Undue Risk that he may Commit a Crime Pending Appeal

***if the penalty imposed by the RTC does not exceed 6 years — Discretionary

***if the penalty imposed exceeds 6 years and there is an attendant circumstance
— Bail shall be Denied or Cancelled

***If the penalty imposed exceeds 6 years and no attendant circumstance —

Discretionary — provided that the evidence of Guilt is Not Strong

**When the Offense is punishable by a Capital Offense — Admission to Bail may

only be Denied — when the Evidence of Guilt is Strong (Section 7)

III. Before Conviction — by the RTC — Offense punishable D, RP, LI —

when Evidence of Guilt is Not Strong

Bail on Offenses — where Minors are Accused

— for purposes of recommending the amount of Bail — the Privileged Mitigating
Circumstance of Minority shall be considered

Where a Child is Detained — the Court shall Order:

— the Release of the Minor — on Recognizance to his or her Parents and other
Suitable Person

— the Release of the Child in Conflict with the Law on Bail

— the Transfer of the Minor to a Youth Detention Home / Youth Rehabilitation

Center

Capital Offense (Section 6)

— Offense — which under the Law Existing at the:

a.) Time of Commission, and of the

b.) Application for Admission to Bail

— is punishable by Death

— determined by the Penalty Prescribed by law — not the one actually imposed

RA 9346
— Act Prohibiting the Imposition of Death Penalty in the Philippines

Hearing for the Application for Bail — in Capital Offenses (Section 8)

— Summary Hearing

— Filed by a Person in Custody — for the Commission of an Offense Punishable

by — RP, LI

— the Prosecution has the — Burden of Showing that Evidence of Guilt is Strong

— In the application for Bail under Section 8 of this Rule — the Court must give
Reasonable Notice of this Hearing to the Prosecutor — or require him to submit
his Recommendation (Section 18)

— If the Evidence of Guilt is Not Strong — the Court shall Discharge the Accused
upon the Approval of the Bail Bond
b.) If the Evidence of Guilt is Strong — the Court shall Deny the Petition for the
Application for Bail

Evidence Presented During the Bail Hearing

— are automatically Reproduced at the Trial

— but upon Motion of Either Party — the Court may Recall any Witness for
Additional Examination — unless the latter is:

a.) Dead,
b.) Outside of the Philippines, or
c.) otherwise Unable to Testify

Amount of Bail; Guidelines (Section 9)

a.) Financial Ability of the Accused to Give Bail

b.) Nature and Circumstance of the Offense

c.) Penalty for the Offense Charged

d.) Character of the Accused

e.) Age and Health of the Accused

f.) Weight of Evidence against he Accused

g.) Probability of the Accused appearing at the Trial

h.) Forfeiture of Other Bail

i.) Fact that the Accused is a Fugitive from Justice when Arrested

j.) Pendency of Other Cases where the Accused is on Bail

— Excessive Bail shall not be Required

Where Application for Bail is Filed (Section 17)

I. General Rule — the Application may be Filed — with the Court where the case
is Pending

— Exceptions
a.) If the Judge of the Court where the case is Pending is Absent or
Unavailable

— RTC, MTC, MeTC, MCTC Judge in the Province, City or Municipality

b.) If the Accused is Arrested — in a Province, City or Municipality, Other

than where the Case is Pending

— RTC of the Place where the Accused was Arrested — If No Judge thereof is
Available — MeTC, MTC, MCTC Judge in the said place

II. Where the Grant of Bail is a Matter of Discretion, or Where the Accused
seeks to be Released on Recognizance

— the application may be filed only in the Court where the case is Pending

III. 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

Release on Bail (Section 19)

— the Accused must be Discharged upon Approval of the Bail — by the Judge
with whom it was filed

— when Bail is filed, other than where the case is pending — the Judge who
accepted the Bail — shall forward it — together with 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

Increase or Reduction of Bail (Section 20)

— After the Accused is admitted to Bail — the Court may, upon Good Cause —
either Increase or Reduce its Amount

— When Increased — the Accused may be committed to Custody — if he does

not give Bail in the Increased amount within a reasonable period

— an Accused held to answer a Criminal Charge who is Released without Bail —

upon 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 — or lieu thereof — Committed to Custody
Bail Is Not Available

a.) After a Judgment of Conviction has become Final (Section 24)

— however, if he Applied for Probation before the Finality — he may be Allowed

Temporary Liberty under his Bail

b.) After the Accused has Commenced to Serve his Sentence (Section 24)

c.) To Military Personnel Accused under General Courts Martial

Bail, When Not Required (Section 16, par.1)

a.) Offense where the Penalty Prescribed is — Fine only

b.) When a Person has been in Custody — for a Period Equal to or More Than —
the Possible Maximum Imprisonment of the Offense Charged
— he shall be released immediately — without prejudice to the Continuation of
the Trial or proceedings in Appeal

c.) If the Maximum Penalty is Desterrio

— he shall be released after 30 days of Preventive Imprisonment

d.) Violation of:

— Municipal or City Ordinance

— Light Felony

— Criminal Offense — the penalty of which is not higher than 6 months and or a
fine of 2k or both — where it is established that he is unable to post the required
cash or bail bond

Reduced Bail or Recognizance (Section 16, par.2)

— 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 Indeterminate Sentence Law or other Modifying

Circumstance

— shall be released on a Reduced Bail or on his own Recognizance — at the

Discretion of the Court

No Bail Recommended
— Proper in Non-Bailable Offenses — because posting of Bail is not a Matter of
Right

Forfeiture of Bail (Section 21)

— when the Presence of the Accused is required by the Court or these Rules —
his Bondsmen shall be Notified to Produce him before the Court — on a given
date and time

Failure of the Accused to Appear

— if the Accused Fails to Appear in Person as required:

a.) his Bail shall be declared Forfeited

b.) Bondsman shall be given 30 days

— to Produce their Principal

— to Show Cause — why no Judgment shall be rendered against them for the
amount of their Bail

— Produce the Body of their Principal or Give the Reason for his Non-production

— Explain why the Accused did not Appear before the Court — when first
required to do so

Judgment Rendered against the Bondsmen, Jointly and Severally

— failing in these 2 requisites — a Judgment shall be rendered against the

Bondsmen, Jointly and Severally for the Amount of Bail

— Court shall not Reduce or Mitigate the Liability of Bondsmen — unless the
Accused has been Surrendered or Acquitted

Cancellation of Bail (Section 22)

a.) Surrender of the Accused

— Upon Application of the Bondsmen — with Due Notice to the Prosecutor —
the Bail may be Cancelled

b.) Proof of his Death

— Upon Application of the Bondsmen — with Due Notice to the Prosecutor —
the Bail may be Cancelled

c.) Acquittal of the Accused

— Bail shall be deemed Automatically Cancelled

d.) Dismissal of the Case

— Bail shall be deemed Automatically Cancelled

e.) Execution of the Judgment of Conviction

— Bail shall be deemed Automatically Cancelled

Extradition Proceedings

— General Rule — Right to Bail is Available only in Criminal Proceedings — and

Does Not Apply to Extradition Proceedings — because Extradition Courts — do
not render Judgments of Conviction or Acquittal

— Exception

— Only upon Clear and Convincing Evidence — that once Granted — the
Applicant will not be a Flight Risk — or will Not Pose Danger to the Community

— that there Exists a Special Humanitarian and Compelling Circumstance

— Exception to the Exception — when the Accused is a Minor — he is entitled

to Bail regardless of whether the Evidence of Guilt is strong

Bail Not a Bar to Objections on Illegal Arrest, Lack of Preliminary

Investigation, Irregular Preliminary Investigation (Section 26)
— an Application for Admission to Bail — shall not Bar the Accused from
challenging:

a.) Validity of Arrest

b.) Legality of Warrant issued therefor

c.) Regularity of Preliminary Investigation

d.) Absence of Preliminary Investigation

— provided that he raises them before entering his Plea

— the Court shall Resolve the Matter as early as practicable — but not later than
the start of the trial of the case

Rights of the Accused (Rule 115)

(a) To be Presumed Innocent — until the Contrary is Proved Beyond Reasonable

Doubt.
(b) To be Informed of the — Nature and Cause of the Accusation against him.

(c) To be Present and Defend in Person and by Counsel — at every stage of the
proceedings — from Arraignment to Promulgation of the Judgment.

The Accused may, however, Waive his Presence at the Trial — pursuant to the
stipulations set forth in his Bail — unless his Presence is Specifically Ordered by
the Court for Purposes of Identification.

The Absence of the Accused — without Justifiable Cause — at the Trial — of

which he had Notice — shall be considered a Waiver of his Right to be Present
thereat.

When an Accused under Custody Escapes — he shall be deemed to have

Waived his Right to be Present on all Subsequent Trial Dates — until Custody
over him is Regained.

— Upon Motion, the Accused may be Allowed — to Defend Himself in Person —

when it Sufficiently Appears to the Court — that he can Properly Protect his
Rights without the Assistance of Counsel.

d) To Testify as a Witness in his Own Behalf — but subject to Cross-examination

on matters covered by Direct Examination. His silence — shall not in any manner
prejudice him.

(e) To be Exempt from being Compelled to be a Witness against Himself.

(f) To Confront and Cross-examine the Witnesses against him at the trial.

Either party may Utilize as part of its Evidence — the Testimony of a Witness
who is Deceased, Out of or Cannot with Due Diligence be Found in the
Philippines, Unavailable, or otherwise Unable to Testify — given in Another Case
or Proceeding, Judicial or Administrative — involving the Same Parties and
Subject matter — the Adverse Party having the opportunity to Cross-examine
him.

(g) To have Compulsory Process issued — to Secure the Attendance of

Witnesses and Production of other Evidence in his behalf.

(h) To have Speedy, Impartial and Public Trial.

(i) To Appeal — in all cases allowed — and in the manner prescribed by law.