CDI-1-TOPIC-12-WARRANTLESS-ARREST-1

FundamentalS of Criminal Investigation
TOPIC 12
WARRANTLESS ARREST
Warrantless Arrest is defined as the arrest made by any law enforcer without the benefit of a warrant.
As a general rule, it is a requisite that warrant should be issued in the name of the person to be arrested. Any
peace officer who arrests a person without warrant may be liable under Article125 of the Revised Penal Code
(Arbitrary Detention).
The following are the situations in which a police officer may arrest a person without warrant based on
(Rule 113, Section 5, Rules of Court):
1. IN FLAGRANTE DELICTO (caught in the act)

When, in his/her presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense.
2. HOT PURSUIT
When an offense has in fact 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.
Probable cause simply means as a reasonable bases to establish a well-founded belief that the person may have
committed an act to which the law defines it as a crime.
Hot Pursuit also termed in US as Fresh Pursuit shall mean an immediate, recent chase or follow-up without
material interval for the purpose of taking into custody
Furthermore, Inquest proceeding will be done if the person was arrested without the benefit of the warrant.
This is conducted to ensure that the arrest made is legal and in accordance with the law.
Inquest is defined as the informal and summary investigation conducted by public prosecutor in a criminal case
3. PRISONER ESCAPE FROM PENAL CONFINEMENT

any person wanted by virtue of a warrant or one suspected to have committed a recent offense while
fleeing from one police jurisdiction to another,
The Extents Of Authority Of Arresting Officer Are As Follows:

1. Can employ necessary force to carry out the arrest
(Rule113,Sec 2,Par 2,Rules of Court);
2. Can restrain the subject in order to take him/her into custody
(Rule 113,Sec. 1 & 2,Rules of Court);
3.Can deliver subject to jail (Rule 113, Sec 3)
4.Can orally summon as many persons as he/she deems necessary to aid him during the arrest
(Rule 113, Sec 10);
5. Can break into a building or enclosure where subject is, or is reasonably believed to be, when admittance is
refused despite announcement of his/her authority and purpose (Rule 113,Sec 11),and he/she incurs no
liability for Trespass to Dwelling because the purpose is to serve the ends of justice
(Art.280,Revised Penal Code);
6. Can break out of the building or enclosure when necessary to liberate himself/herself (Rule 113, Sec 12);
7. Can search arrested person for weapon or anything used,or constitute proof in the commission of an
offense (Rule126, Sec 13).
CDI 1 TOPIC 12
FundamentalS of Criminal Investigation
DUTIES OF AN ARRESTING OFFICER
As provided under Section 3 of Rule 113, the arresting officer has 2 primary duties:
1. While arresting the accused/suspect, the arresting officers should inform the cause of arrest and of the fact
that a warrant had been issued to the arrested person; and
2. Any police officer making a lawful arrest should take the person arrested without unnecessary delay and
deliver him/her to the nearest police station or jail.
In case of Warrantless Arrest, it is the inherent duty of the arresting officer to detain the person/respondent and
file the proper information within the specified time as provided under Article 125 of RPC which has been
amended by Executive Order No. 272 on July,25 1987.
Take Note: It is not the physical delivery of the person that is required under the law. What is legally required
is filing the information against the arrested person in the proper court where the judge has the authority to
issue an order of release of confinement.
Executive Order No. 272 amended Article 125 of the RPC (delay in the delivery of detained persons to proper
judicial authorities). It extended the period authorized to detain a person prior to delivery to the judicial
authority. The law requires a police officer to detain a person for some legal ground and file the appropriate
information to the proper judicial authority within the following periods and conditions:
Periods of Delivering a Person to proper Judicial Authority

(Art.125,Revised Penal Code I):
Time/Period Penalties
12 Hours -Light penalties and their equivalent
18 Hours -Correccional penalties and their equivalent
36 Hours -Afflictive/capital penalties and their equivalent.
Penalties (imprisonment):
1. Grave felonies – afflictive penalties: 6 yrs. and 1 day to reclusion perpetua (life)
2. Less grave felonies – correctional penalties: 1 month and 1 day to 6 years
3. Light felonies - arresto menor (1 day to 30 days)
Exemption from Arrest

1. Senators and members of the House of Representatives, while Congress is in session, for offenses
punishable by not more than six years imprisonment (Article VI, Section 11, Philippine Constitution);
2. Ambassadors or Public Ministers of a foreign country, authorized and received as such by the President of
the Philippines, and their domestic or domestic servant duly registered with the Department of Foreign Affairs,
provided the foreign country concerned gives similar protection to duly accredited diplomatic or consular
representatives of the Philippines (Republic Act No. 75).
3. Those covered by a safety and immunity guarantee of the President of the Philippines;
4. Rebels issued with safe conduct pass by the National Amnesty Commission, for crimes/act committed in
pursuit of rebellion (Letter Dated 17 Feb 03 from NAC Chairman to NBI Director).
5. Those who, during and in connection with any election, allegedly committed an offense by act or language
tending to.
CDI 1 TOPIC 12

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FundamentalS of Criminal Investigation

1. IN FLAGRANTE DELICTO (caught in the act)

3. PRISONER ESCAPE FROM PENAL CONFINEMENT

The Extents Of Authority Of Arresting Officer Are As Follows:

Periods of Delivering a Person to proper Judicial Authority

Exemption from Arrest

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