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. (1)
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. The person arrested shall not be subject to a greater
restraint than is necessary for his detention. (2a)
Section 3. Duty of arresting officer. —
It shall be the duty of the officer executing the warrant to arrest the
accused and to deliver him to the nearest police station or jail
without unnecessary delay. (3a)
Section 4. Execution of warrant. — The
head of the office to whom the warrant of arrest was delivered for
execution shall cause the warrant to be executed within ten (10) days
from its receipt. Within ten (10) days after the expiration of the
period, the officer to whom it was assigned for execution shall make a
report to the judge who issued the warrant. In case of his failure to
execute the warrant, he shall state the reasons therefor. (4a)
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 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; 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 is temporarily confined while his case is pending, or
has escaped while being transferred from one confinement to another.
In cases falling under paragraph (a) and (b) above,
the person arrested without a warrant shall be forthwith delivered to
the nearest police station or jail and shall be proceeded against in
accordance with section 7 of Rule 112. (5a)
Section 6. Time of making arrest. — An arrest may be made on any day and at any time of the day or night. (6)
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 to so 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. (7a)
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 latter is either engaged in the commission of an offense, is
pursued immediately after its commission, has escaped, flees or forcibly
resists before the officer has opportunity so to inform him, or when
the giving of such information will imperil the arrest. (8a)
Section 9. Method of arrest by private person.
— When making an arrest, a private person shall inform the person to be
arrested of the intention to arrest him and cause of the arrest, unless
the latter is either engaged in the commission of an offense, is
pursued immediately after its commission, or has escaped, flees, or
forcibly resists before the person making the arrest has opportunity to
so inform him, or when the giving of such information will imperil the
arrest. (9a)
Section 10. Officer may summon assistance.
— An officer making a lawful arrest may orally summon as many persons
as he deems necessary to assist him in effecting the arrest. Every
person so summoned by an officer shall assist him in effecting the
arrest when he can render such assistance without detriment to himself.
(10a)
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 without a warrant as provided in section 5, may break into any
building or enclosure where the person to be arrested is or is
reasonably believed to be, if he is refused admittance thereto, after
announcing his authority and purpose. (11a)
Section 12. Right to break out from building or enclosure. — Whenever
an officer has entered the building or enclosure in accordance with the
preceding section, he may break out therefrom when necessary to
liberate himself. (12a)
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. (13)
Section 14. Right of attorney or relative to visit person arrested.
— Any member of the Philippine 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 night. Subject to reasonable
regulations, a relative of the person arrested can also exercise the
same right. (14a)
No comments:
Post a Comment