E. Arrest (Rule 113)

Arrest

It is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. (Rule 113, Sec. 1)

How an Arrest is Made

• By actual restraint of the person to be arrested; or
• By his/her submission to the custody of the person making the arrest. (Rule 113, Sec. 2)

A policeman in the performance of duty is justified in using such force as is reasonably necessary to secure and detain the offender, overcome his resistance, prevent his escape, recapture him if he escapes, and protect himself from bodily harm. In case injury or death results from the policeman’s exercise of such force, the policeman could be justified in inflicting the injury or causing the death of the offender if the policeman had used necessary force.

Since a policeman’s duty requires him to overcome the offender, the force exerted by the policeman may therefore differ from that which ordinarily may be offered in self-defense. However, a policeman is never justified in using unnecessary force or in treating the offender with wanton violence, or in resorting to dangerous means when the arrest could be affected otherwise. (Cabanlig v. Sandiganbayan, G.R. No. 148431, 2005)

NOTE: After an arrest, the accused undergoes custodial investigation. However, custodial investigation may also happen even if the accused was not arrested. A custodial investigation includes the practice of issuing an "invitation" to a person who is investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of the "inviting" officer for any violation of law (Sec. 2(f), R.A. 7438). This means that even those who voluntarily surrendered before a police officer must be apprised of their Miranda rights. The invocation of these rights applies during custodial investigation, which begins "when the police investigation is no longer a general inquiry into an unsolved crime but has begun to focus on a particular suspect taken into custody by the police who starts the interrogation and propounds questions to the person to elicit incriminating statements" (People v. Chavez, G.R. No. 207950, 2014).

Enforced Disappearances

• Attended by the following circumstances:
• Arrest/detention/abduction of a person by a government official or organized groups or private individuals acting with the in/direct acquiescence of the State;
• Carried out by or with the authorization, support or acquiescence of the State or a political organization;
• Refusal of the State to disclose the fate or whereabouts of the person concerned, or refusal to acknowledge the deprivation of liberty, which places such persons outside the protection of the law.
• Intention is to remove the person from the protection of law for a prolonged period of time. (Navia v. Paradico, G.R. No. 18446, 2012)

Duty of Arresting Officer

• Arrest the accused; and
• Deliver him to the nearest police station or jail without unnecessary delay (Rule 113, Sec. 3).

Execution of Warrant

A warrant of arrest has no expiry date. It remains valid until arrest is effected or the warrant is lifted.

However, head of the office shall cause the warrant to be executed within 10 days from receipt thereof. Within 10 days after expiration of the period, the arresting officer assigned to execute the same shall submit a report to the judge who issued the warrant. In case of his failure to execute the warrant, he shall state the reasons thereof (Rule 113, Sec. 4).

Unlike a search warrant, the validity of which is limited to ten days, after which it becomes void (Rule 126, Section 10), no time limit is fixed for the validity of a warrant of arrest. The arrest warrant continues to be in force so long as it has not been recalled or the person named therein arrested or had otherwise submitted himself to the jurisdiction of the court. This must be so, for the return mentioned in the section refers not to the physical delivery of the very same copy of the process to the issuing court, but to the report of the officer charged with its execution on the action taken by him thereon.

In short, the 10-day period provided in Rule 113, Section 4 is only a directive to the officer executing the warrant to make a return to the court. (People vs. Givera, G.R. No. 132159, 2001)

Inform the person to be arrested of the:

• Cause of the arrest and
• The fact that a warrant has been issued for his arrest (Rule 113, Sec. 7).

Inform the person to be arrested of:

• His authority and
• The cause of the arrest (Rule 113, Sec. 8).

Inform the person to be arrested of:

• Intention to arrest him and
• The cause of the arrest (Rule 113, Sec. 9).

Officer May Summon Assistance

Arresting officer may orally summon as many persons as he deems necessary to assist him in effecting the arrest (Rule 113, Sec. 10).

Note: This rule does not cover a private individual making an arrest.

Right of Officer to Break Into Building or Enclosure; Requisites:

• That the person to be arrested is or is reasonably believed to be in the said building;
• That the officer has announced his/her authority and purpose for entering therein;
• That the officer has requested and been denied admittance (Rule 113, Sec. 11).

Note: Rule is applicable both where there is a warrant and where there is a valid arrest without a warrant.

Note: This rule also does not cover a private individual making an arrest.

Right to Break Out of the Building or Enclosure to Effect Release

An officer making an arrest who has entered a building or enclosure may break out therefrom when necessary to liberate himself/herself (Rule 113, Sec. 12).

Right of an Attorney or Relative to Visit the Person Arrested

The attorney of the person arrested has the right to visit and confer privately with such person in jail or any place of custody at any hour of the day or night (Rule 113, Sec. 14).

Other consequences

If party refuses to obey:

• An order made under section 1 of this Rule requiring him to answer designated questions; or
• An order under Rule 27 to produce any document or other thing for inspection, copying, or photographing or to permit it to be done, or to permit entry upon land or other property or an order made under Rule 28 requiring him to submit to a physical or mental examination.

The court may make such orders in regard to the refusal as are just, and among others the following:

• An order that the matters regarding which the questions were asked, or the character or description of the thing or land, or the contents of the paper, or the physical or mental condition of the party, or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order;
• An order refusing to allow the disobedient party to support or oppose designated claims or defenses or prohibiting him from introducing in evidence designated documents or things or items of testimony, or from introducing evidence of physical or mental condition;
• An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party; and
• In lieu of any of the foregoing orders or in addition thereto, an order directing the arrest of any party or agent of a party for disobeying any of such orders except an order to submit to a physical or mental examination.