Finals Flashcards
Discuss the main objectives of Preliminary Investigation
The following are the specific purposes of preliminary investigation [IPA]:
a. To inquire concerning the commission of a crime and the connection of the accused
with it. This is so that:
i. the accused may be informed of the nature and character of the crime charged against him, and
ii. if there is probable cause for believing him guilty, that the State may take the necessary steps to bring him to trial;
b. To preserve the evidence and keep the witnesses within the control of the State; and
c. To determine the amount of bail, if the offense is bailable.
Discuss supervening events in relation to amendments of the information
Once a judgment becomes immutable and unalterable by virtue of its finality, its execution should follow as a matter of course. A supervening event, to be sufficient to stay or stop the execution, must alter or modify the situation of the parties under the decision as to render the execution inequitable, impossible, or unfair. The supervening event cannot rest on unproved or uncertain facts.
x x x x
We deem it highly relevant to point out that a supervening event is an exception to the execution as a matter of right of a final and immutable judgment rule, only if it directly affects the matter already litigated and settled, or substantially changes the rights or relations of the parties therein as to render the execution unjust, impossible or inequitable. A supervening event consists of facts that transpire after the judgment became final and executory, or of new circumstances that develop after the judgment attained finality, including matters that the parties were not aware of prior to or during the trial because such matters were not yet in existence at that time. In that event, the interested party may properly seek the stay of execution or the quashal of the writ of execution, or he may move the court to modify or alter the judgment in order to harmonize it with justice and the supervening event. The party who alleges a supervening event to stay the execution should necessarily establish the facts by competent evidence; otherwise, it would become all too easy to frustrate the conclusive effects of a final and immutable judgment.
Discuss the Neypes and Rolex doctrines
The “Neypes Rule,” otherwise known as the “Fresh Period Rule,” states that “a party litigant may either file his notice of appeal within 15 days from receipt of the Regional Trial Court’s decision or file it within 15 days from receipt of the order (the “final order”) denying his motion for new trial or motion for reconsideration.”
The raison d’être for the “fresh period rule” is to standardize the appeal period provided in the Rules and do away with the confusion as to when the 15-day appeal period should be counted. Thus, the 15-day period to appeal is no longer interrupted by the filing of a motion for new trial or motion for reconsideration.
This “fresh period rule” shall also apply to Rule 40 governing appeals from the Municipal Trial Courts to the Regional Trial Courts; Rule 42 on petitions for review from the Regional Trial Courts to the Court of Appeals; Rule 43 on appeals from quasi-judicial agencies to the Court of Appeals and Rule 45 governing appeals by certiorari to the Supreme Court.
The Court’s pronouncement of a “fresh period” to appeal should equally apply to the period for appeal in criminal cases under Section 6 of Rule 122 of the Revised Rules of Criminal Procedure.
Rolex:
It is, thus, now settled that the fresh period rule is applicable in criminal cases, like the instant case, where the accused files from a judgment of conviction a motion for new trial or reconsideration which is denied by the trial court. The accused will have a fresh 15-day period counted from receipt of such denial within which to file his or her notice of appeal.
Distinguish formal amendments from substantial amendments and the jurisprudential test applied in relation therewith
Sec. 14, Rule 110
Section 14. Amendment or substitution. — A complaint or information may be amended, in form or in substance, without leave of court, at any time before the accused enters his plea. After the plea and during the trial, a formal amendment may only be made with leave of court and when it can be done without causing prejudice to the rights of the accused.
However, any amendment before plea, which downgrades the nature of the offense charged in or excludes any accused from the complaint or information, can be made only upon motion by the prosecutor, with notice to the offended party and with leave of court. The court shall state its reasons in resolving the motion and copies of its order shall be furnished all parties, especially the offended party. (n)
If it appears at any time before judgment that a mistake has been made in charging the proper offense, the court shall dismiss the original complaint or information upon the filing of a new one charging the proper offense in accordance with section 19, Rule 119, provided the accused shall not be placed in double jeopardy. The court may require the witnesses to give bail for their appearance at the trial.
DIFFERENCES:
As to nature:
Formal amendments are amendments that do not alter the nature of the crime, affect the essence of the offense, surprise, or divest the accused of an opportunity to meet the new accusation.Verily, they are amendments which merely state with additional precision something which is already contained in the original Information, and which, therefore, adds nothing essential for conviction of the crime charged.
Substantial amendments consist of the recital of facts constituting the offense charged and determinative of the jurisdiction of the court
When can be filed:
Formal Amendment:
At any time before plea:
GR: without leave of court
XPN: If the amendment downgrades the nature of the offense charged in, or excludes any accused from, the complaint/information, it can be made only
- Upon motion of the prosecutor
- With notice to the offended party
- With leave of court
After plea – with leave of court and when it can be done without causing prejudice to the rights of the accused
Substantial Amendment:
Only before plea – without leave of court
After plea – prohibited – it will put the accused on double jeopardy
Effect of grant to the original complaint/information
Formal Amendment:
Original complaint/information – NOT dismissed
Substantial Amendment:
Original complaint/information – dismissed
Distinguish Preliminary Examination from Preliminary Investigation
A preliminary examination is a proceeding for the purpose of determining probable cause for the issuance of a warrant of arrest.
Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.
(1) Made by whom
PE: Judge
PI: Prosecutor
(2) Nature
PE: to ascertain whether a warrant of arrest should be issued against the accused
PI: ascertains whether a criminal case must be filed in court. The public prosecutor is given a broad discretion to determine whether probable cause exists and to charge those whom he believes to have committed the crime.
(3) Purpose
PE: determination of probable cause for the arrest of the accused
PI: determination of probable cause to hold a person for trial
(4) Standard
PE: set of facts and circumstances which would lead a reasonable and discreet and prudent man to believe that the offense included therein has been committed by the person sought to be arrested
PI: sufficient ground to engender a well-founded belief that a crime has been committed, and that the respondent is probably guilty thereof and should be held for trial.
Discuss the Time Bar Rule
Time bar rule is the period wherein a provisional dismissal becomes permanent. In fixing the time-bar, the Court balanced the societal interests and those of the accused for the orderly and speedy disposition of criminal cases with minimum prejudice to the State and the accused. It took into account the substantial rights of both the State and of the accused to due process. The time-bar under the new rule was fixed by the Court to excise the malaise that plagued the administration of the criminal justice system for the benefit of the State and the accused; not for the accused only.
Dismissal becomes permanent:
a) One year after issuance of the order without the case having been revived for offenses punishable
• by imprisonment not exceeding 6 years, or
• by fine of any amount, or
• by both
b) Two years after issuance of the order without the case having been revived for offenses punishable by imprisonment of more than 6 years
Conditions sine qua non for the application of the time-bar rule:
1. The prosecution, with the express conformity of the accused, or the accused moves for the provisional (sin perjucio) dismissal of the case; or both the prosecution and the accused move for a provisional dismissal of the case
2. The offended party is notified of the motion for the provisional dismissal of the case
3. The court issues an order granting the motion and dismissing the case provisionally
4. The public prosecutor is served with a copy of the order of provisional dismissal of the case
How can the case may be revived?
1. Refiling of the information
2. Filing of a new information for the same offense or one necessarily included in the original offense charged
3. Motion to revive
Reckoning Period
The periods are reckoned from the date or the order of dismissal
• As a matter of due process, the provision should be construed to mean that the order of dismissal shall become permanent one year after service of the order of dismissal on the public prosecutor who has control of the prosecution without the criminal case having been revived
• The public prosecutor cannot be expected to comply with the timeline unless he is served with a copy of the order of dismissal. (William Co v. New Prosperity Plastic Products GR 183994, June 30, 2014)
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Section 8. Provisional dismissal. — A case shall not be provisionally dismissed except with the express consent of the accused and with notice to the offended party.
The provisional dismissal of offenses punishable by imprisonment not exceeding six (6) years or a fine of any amount, or both, shall become permanent one (1) year after issuance of the order without the case having been revived. With respect to offenses punishable by imprisonment of more than six (6) years, their provisional dismissal shall become permanent two (2) years after issuance of the order without the case having been revived.
Distinguish Bail as a matter of right from Bail as a matter of Discretion
Section 4. Bail, a matter of right; exception. — All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or released on recognize as prescribed by law or this Rule (a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and (b) before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment.
Section 5. Bail, when discretionary. — Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment, admission to bail is discretionary. The application for bail may be filed and acted upon by the trial court despite the filing of a notice of appeal, provided it has not transmitted the original record to the
appellate court. However, if the decision of the trial court convicting the accused changed the nature of the offense from non-bailable to bailable, the application for bail can only be filed with 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 the appeal under the same bail subject to the consent of the bondsman.
If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused shall be denied bail, or his bail shall be cancelled upon a showing by the prosecution, with
notice to the accused, of the following or other similar circumstances:
a. That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime aggravated by the circumstance of reiteration;
b. That he has previously escaped from legal confinement, evaded sentence, or violated the conditions of his bail without valid justification;
c. That he committed the offense while under probation, parole, or conditional pardon;
d. That the circumstances of his case indicate the probability of flight if released on bail; or
e. That there is undue risk that he may commit another crime during the
pendency of the appeal.
The appellate court may, motu proprio or on motion of any party, review the resolution of the Regional Trial Court after notice to the adverse party in either case
Distinguish forfeiture from cancellation of Bail
Rule 114, Section 21. Forfeiture of bond. — 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. If the accused fails to appear in person as required, his bail shall be declared forfeited and the bondsmen given thirty (30) days within which to produce their principal and to show cause why no judgment should be rendered against them for the amount of their bail. Within the said period, the bondsmen must:
(a) produce the body of their principal or give the reason for his non-production; and
(b) explain why the accused did not appear before the court when first required to do so.
Failing in these two requisites, a judgment shall be rendered against the bondsmen, jointly and severally, for the amount of the bail. The court shall not reduce or otherwise mitigate the liability of the bondsmen, unless the accused has been surrendered or is acquitted. (21a)
Rule 114, Section 22. Cancellation of bail. — Upon application of the bondsmen, with due notice to the prosecutor, the bail may be cancelled upon surrender of the accused or proof of his death.
The bail shall be deemed automatically cancelled upon acquittal of the accused, dismissal of the case, or execution of the judgment of conviction.
In all instances, the cancellation shall be without prejudice to any liability on the bond. (22a)
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“FORFEITURE OF BAIL
When the presence of the accused out on bail is required by court or Rules of Court and he failed to appear, his bail shall be declared forfeited and the bondsmen are given 30 days within which to:
Produce their principal;
Show cause why no judgment should be rendered against them for the amount of their bail;
Produce the body of their principal or give the reason for his non-production; and
Explain why the accused did not appear before the court when first required to do so [Sec. 21, Rule 114].
Failing in items (3) and (4) above, a judgment shall be rendered against the bondsmen, jointly and severally, for the amount of the bail. The court shall not reduce or otherwise mitigate the liability of the bondsmen, unless the accused has been surrendered or is acquitted [Sec. 21, Rule 114].
For the purpose of surrendering the accused, the bondsmen may arrest him or, upon written authority endorsed on a certified copy of the undertaking, cause him to be arrested by a police officer or any other person of suitable age and discretion [Sec. 23, Rule 114].
CANCELLATION OF BAIL
Application by bondsmen
Upon application of the bondsmen with due notice to the prosecutor, bail may be cancelled upon:
a. Surrender of the accused; or
b. Proof of his death [Sec. 22(1), Rule 114].
In order to cancel a bail on the ground of surrender, the surrender must be voluntary [Esteban v. Alhambra, G.R. No. 135012 (2004)].
Automatic cancellation
Upon acquittal of the accused,
Upon dismissal of the case, or
Upon execution of judgment conviction [Sec. 22, Rule 114]
Judgment against the bondsmen cannot be entered unless such judgment is preceded by the order of forfeiture and an opportunity given to the bondsman to produce the accused or to adduce satisfactory reason for their inability to do so [Mendoza v. Alarma, G.R. No. 151970 (2008)].
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State the civil and criminal cases within the coverage of the expedited rules (summary procedure)
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A. CIVIL CASES
i. Forcibe entry and unlawful detainer cases, regardless of the amount of damages or unpaid rentals sought to be recovered. Where attorney’s fees are awarded, the same shall not exceed P100,000.
ii. All civil actions, except probate proceedings, admiralty and maritime actions, and small claims cases falling under Rule IV hereof, where the total amount of the plaintiff’s claim does not exceed 2M pesos, exclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses and costs.
iii. Complaints for damages where the claim does not exceed 2M pesos, exclusive of interest and costs
iv. Cases for enforcement of barangay amicable settlement agreements and arbitration awards where the money claim exceeds 1M pesos provided that no execution has been enforced by the barangay within 6 months from the date of the settlement or date of receipt of the award or from the date the obligation stipulated or adjudged in the arbitration award becomes due and demandable, pursuant to Section 417, Chapter VII of RA No. 7160, otherwise known as the Local Government Code of 1991
v. Cases solely for the revival of judgment of any Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, and Municipal Circuit Trial Court, pursuant to Rule 39, Sec. 6 of the RoC.
vi. The civil aspect of a violation of BP22, if no criminal action has been instituted therefor. Should a criminal action be later instituted for the same violation, the civil aspect shall be consolidated with the criminal action and shall be tried and decided jointly under the Rule on Summary Procedure
vii. Small claims cases where the claim does not exceed 1M pesos exclusive of interest and costs.
B. CRIMINAL CASES
i. Violations of traffic laws, rules and regulations
ii. Violations of the rental law
iii. Violations of municipal or city ordinances
iv. Violations of BP22
v. All other criminal cases where the penalty prescribed by law for the offense charged is imprisonment not exceeding 1 year, or a fine not exceeding P50,000, or both, regardless of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom.
vi. In offenses involving damage to property through criminal negligence under Art. 365 of the RPC, this Rule shall govern where the imposable fine does not exceed P150,000.”
Discuss the Berry Rule
Berry Rule refers to a legal doctrine that was developed from the case, Berry v. United States. It is also known as a four-part test. Under this rule, a defendant seeking new trial on newly discovered evidence must show the ff:
- the evidence was newly discovered and unknown to the defendant at the time of the trial;
- the failure to detect the evidence was not a result of lack of due diligence by the defendants;
- the evidence is material, not merely cumulative or impeaching;
- the evidence will probably produce an acquittal or new judgment
If the defendant fails to meet one of the four factors, the motion for new trial will be denied.
Enumerate the grounds for a Motion to Quash and discuss 3 grounds
“Section 3. Grounds. — The accused may move to quash the complaint or information on any of the following grounds:
*a. That the facts charged do not constitute an offense;
b. That the court trying the case has no jurisdiction over the offense charged;
*c. That the court trying the case has no jurisdiction over the person of the accused;
*d. That the officer who filed the information had no authority to do so;
*e. That it does not conform substantially to the prescribed form;
f. That more than one offense is charged except when a single punishment for various offenses is prescribed by law;
g. That the criminal action or liability has been extinguished;
h. That it contains averments which, if true, would constitute a legal excuse or justification; and
*i. That the accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without his express consent”
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“Section 8. Designation of the offense. —
How shall it designate?
- By the designation of the offense given by the statute,
- aver the acts or omissions constituting the offense, and
- specify its qualifying and aggravating circumstances.
- If there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it.
Section 9. Cause of the accusation. —
How acts or commission stated?
The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in:
- ordinary and concise language and
- not necessarily in the language used in the statute
- but in terms sufficient to enable a person of common understanding to know what offense is being charged as well as its qualifying and aggravating circumstances and for the court to pronounce judgment
Section 10. Place of commission of the offense. — The complaint or information is sufficient if:
- it can be understood from its allegations that the offense was committed or some of the essential ingredients occurred at some place within the jurisdiction of the court,
the exact place must be stated if
- the particular place where it was committed constitutes an essential element of the offense or is necessary for its identification.
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How does the Prosecutor determine probable cause in cases which do not require Preliminary Investigation
No preliminary investigation is required for arrests without a warrant, unless the respondent requests for it when his or her continued detention is ordered by the inquest prosecutor (Section 6, Rule 112). Preliminary investigation is also not required for offenses where the penalty is less than 4 years, 2 months and 1 day.
Cases of simple defamation, slight physical injuries, violations of BP 22, and violations of traffic laws, among others, do not have to go through preliminary investigation. In these cases, the investigating prosecutor will have to determine probable cause based solely on the complainant and witnesses’ affidavits, together with the attached evidence, and without requiring the respondent to file a counter-affidavit.
Discuss 3 Meritorious Motions under the Guidelines for Continuous Trial of Criminal Cases (““Guidelines””)”
“Rule 117, Sec 11.
Suspension of arraignment.— Upon motion by the proper party, the arraignment shall be suspended in the following cases:
(a) The accused appears to be suffering from an unsound mental condition which effectively renders him unable to fully understand the charge against him and to plead intelligently thereto. In such case, the court shall order his mental examination and, if necessary, his confinement for such purpose;
(b) there exists xxx
Necessarily, a motion to quash a search warrant may be based on grounds extrinsic of the search warrant, such as (1) the place searched or the property seized are not those specified or described in the search warrant; and (2) there is no probable cause for the issuance of the search warrant.
Common grounds to file a motion to suppress include: Unlawful search and seizure.
Rule 126, Sec 14.
Motion to quash a search warrant or to suppress evidence; where to file.— A motion to quash a search warrant and/or to suppress evidence obtained thereby may be filed in and acted upon only by the court where the action has been instituted. If no criminal action has been instituted, the motion may be filed in and resolved by the court that issued the search warrant. However, if such court failed to resolve the motion and a criminal case is subsequently filed in another court, the motion shall be resolved by the latter court.
Rule 119, Sec. 17
Discharge of accused to be state witness.— When two or more persons are jointly charged with the commission of any offense, upon motion of the prosecution before resting its case, the court may direct one or more of the accused to be discharged with their consent so that they may be witnesses for the state when, after requiring the prosecution to present evidence and the sworn statement of each proposed state witness at a hearing in support of the discharge, the court is satisfied that:
a) There is absolute necessity for the testimony of the accused whose discharge is requested;
b) There is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of said accused;
c) The testimony of said accused can be substantially corroborated in its material points;
d) Said accused does not appear to be the most guilty;and
e) Said accused has not at any time been convicted of any offense involving moral turpitude.
Evidence adduced in support of the discharge shall automatically form part of the trial. If the court denies the motion for discharge of the accused as state witness, his sworn statement shall be inadmissible in evidence.
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“Motions that allege plausible grounds supported by relevant documents and/ or competent evidence, except those that are already covered by the Revised Guidelines, are meritorious motions, such as:
a) Motion to withdraw information, or to downgrade the charge in the original information, or to exclude an accused originally charged therein, filed by the prosecution as a result of a reinvestigation, reconsideration, and review;
b) Motion to quash warrant of arrest;
c) Motion to suspend arraignment on the ground of an unsound mental condition under Sec. 11(a), Rule 116;
d) Motion to suspend proceedings on the ground of a prejudicial question where a civil case was filed prior to the criminal case under Sec. ll(b), Rule 116;
e) Motion to quash information on the grounds that the facts charged do not constitute an offense, lack of jurisdiction, extinction of criminal action or liability, or double jeopardy under Sec. 3, par . (a), (b), (g), and (i), Rule 117;
f) Motion to discharge accused as a state witness under Sec. 17, Rule 119;
g) Motion to quash search warrant under Sec. 14, Rule 126 or motion to suppress evidence; and
h) Motion to dismiss on the ground that the criminal case is a Strategic Lawsuit Against Public Participation (SLAPP) under Rule 6 of the Rules of Procedure for Environmental Cases
Distinguish the forms of testimony in first and second level courts
“a. For First Level Courts
In all criminal cases, including those covered by the Rule on Summary Procedure, the testimonies of witnesses shall consist of the duly subscribed written statements given to law enforcement or peace officers or the affidavits or counter-affidavits submitted before the investigating prosecutor, and if such are not available, testimonies shall be in the form of judicial affidavits, subject to additional direct and cross-examination questions.
The trial prosecutor may dispense with the sworn written statements submitted to the law enforcement or peace officers and prepare the judicial affidavits of the affiants or modify or revise the said sworn statements before presenting it as evidence.
b. For Second Level Courts, Sandiganbayan and Court of Tax Appeals
In criminal cases where the demeanor of the witness is not essential in determining the credibility of said witness, such as forensic chemists, medico-legal officers, investigators, auditors, accountants, engineers, custodians, expert witnesses and other similar witnesses, who will testify on the authenticity, due execution and the contents of public documents and reports, and in criminal cases that are transactional in character, such as falsification, malversation, estafa, or other crimes where the culpability or innocence of the accused can be established through documents, the testimonies of the witnesses shall be the duly subscribed written statements given to law enforcement or peace officers or the affidavits or counter-affidavits submitted before the investigating prosecutor, and if such are not available, testimonies shall be in the form of judicial affidavits, subject to additional direct and cross-examination questions.
In all other cases where the culpability or the innocence of the accused is based on the testimonies of the alleged eyewitnesses, the testimonies of these witnesses shall be in oral form.
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Discuss the concept of warrantless arrests fully
“RULE 112 - SECTION 7. When accused lawfully arrested without warrant. — When a person is lawfully arrested without a warrant involving an offense which requires a preliminary investigation, the complaint or information may be filed by a prosecutor without need of such investigation provided an inquest has been conducted in accordance with existing rules. In the absence or unavailability of an inquest prosecutor, the complaint may be filed by the offended party or a peace officer directly with the proper court on the basis of the affidavit of the offended party or arresting officer or person.
RULE 113
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 temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.
In cases falling under paragraphs (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 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 to so inform him, or when the giving of such information will imperil the arrest.
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.
RULE 114
SECTION 23. Arrest of accused out on bail.— For the purpose of surrendering the accused, the bondsmen may arrest him or, upon written authority endorsed on a certified copy of the undertaking, cause him to be arrested by a police officer or any other person of suitable age and discretion. 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.”
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“Arrest without Warrant, When Lawful
General Rule: No peace officer or person has the power or authority to arrest anyone without a warrant except in those cases expressly authorized by law
Exceptions:
- In flagrante delicto [Sec. 5(a), Rule 113]
- Hot pursuit arrest [Sec. 5(b), Rule 113]
- Arrest of escaped prisoner [Sec. 5(c), Rule 113]
- 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 [Sec. 13, Rule 113]
b. For the purpose of surrendering the accused, the bondsmen may arrest him or, upon written authority endorsed on a certified copy of the undertaking, cause him to be arrested by a police officer or any other person of suitable age and discretion [Sec. 23, Rule 114]
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 [Sec. 23, Rule 114]
Note: A legitimate warrantless arrest necessarily includes the authority to validly search and seize from the offender (1) dangerous weapons, and (2) those that may be used as proof of the commission of an offense”
