3. Method of Arrest

Method of Arrest

Concept

An arrest is effected by actual restraint of the person to be arrested or by that person’s submission to the custody of the person making the arrest. The method does not require physical restraint when the person submits to custody. (Rule 113, Sec. 2, Rules of Court)¹

Governing provisions

Rule 113, Section 2 governs how an arrest is made and limits the force and restraint that may be used. Sections 7 and 8 prescribe what an officer must tell the person being arrested, depending on whether the arrest is made by virtue of a warrant or without one. (Rule 113, Sec. 2, Rules of Court)¹ (Rule 113, Sec. 7, Rules of Court)² (Rule 113, Sec. 8, Rules of Court)³

Requisites / Rules

• Effect the arrest through actual restraint or the person’s submission to custody. Do not use violence or unnecessary force, and do not impose greater restraint than is necessary for detention. (Rule 113, Sec. 2, Rules of Court)¹
• For an arrest by virtue of a warrant, inform the person of the cause of the arrest and that a warrant has been issued. The officer need not possess the warrant at the time of arrest; if the arrested person requires it afterward, show it as soon as practicable. (Rule 113, Sec. 7, Rules of Court)²
• For an arrest without a warrant, inform the person of the officer’s authority and the cause of the arrest, subject to the exceptions in Section 8. (Rule 113, Sec. 8, Rules of Court)³
• When executing a warrant, the officer must deliver the accused to the nearest police station or jail without unnecessary delay. For warrantless arrests under Rule 113, Section 5(a) or (b), the person arrested must be delivered forthwith to the nearest police station or jail. (Rule 113, Sec. 3, Rules of Court)⁴ (Rule 113, Sec. 5, Rules of Court)⁵

Distinctions

The information ordinarily given differs: a warrant arrest calls for notice of the cause and the issuance of the warrant; a warrantless arrest calls for notice of the officer’s authority and the cause. Neither rule makes possession of a warrant a condition for effecting a warrant arrest. (Rule 113, Sec. 7, Rules of Court)² (Rule 113, Sec. 8, Rules of Court)³

Key doctrines

Information at arrest is a substantive safeguard. In Balicanta v. People, the Court noted that failure to inform the person of the reason for arrest and of rights at arrest undermines the validity of the arrest and custodial procedures. (Balicanta v. People, G.R. No. 246081, 26 June 2023)⁶

Exceptions

For a warrant arrest, notice may be omitted when the person flees or forcibly resists before the officer has an opportunity to give it, or when giving notice would imperil the arrest. For a warrantless arrest, Section 8 also excepts a person engaged in committing an offense, pursued immediately after its commission, or escaped, as well as one who flees or forcibly resists before notice can be given; notice is likewise excepted when it would imperil the arrest. (Rule 113, Sec. 7, Rules of Court)² (Rule 113, Sec. 8, Rules of Court)³

Bar tip

Identify first whether the arrest was made by virtue of a warrant. Then apply the corresponding notice rule and its exceptions separately from the rule against unnecessary force or restraint. (Rule 113, Sec. 7, Rules of Court)² (Rule 113, Sec. 8, Rules of Court)³ (Rule 113, Sec. 2, Rules of Court)¹