RULE 113 ARREST Flashcards
(31 cards)
is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.
Arrest
2 Modes of Arrest
Arrest by Virtue of Warrant
Warrantiess Arrest
- A mode of arrest usually executed by law enforcers upon the written order of the ludge.
Arrest by Virtue of a Warrant
- Is an order in writing issued in the name of the Philippines, signed by the judge and directed to a peace officer, commanding him to arrest a person or persons stated therein and deliver them before the court.
WARRANT OF ARREST
There 3 requisites for a valid warrant:
(1) it must be issued upon________
(2) probable cause must be determined personally by the_______ upon examination under oath or affirmation the complainant and the witnesses he may produce
(3) particularly describing the _______________
- “probable cause”
- judge
- person to be arrested
= applicable to the person making his affidavit believes in God
OATH
= does not believe to God
AFFIRMATION
If the original warrant is returned by the peace officer with a report stating the failure to execute it, the court may issue an?
Alias Warrant
- A second arrest warrant issued if the first one was not served. It’s used when the police couldn’t arrest the person the first time.
Alias warrant
- A warrant issued for an unknown suspect when their name is not known. Instead of a name, it might have a description, DNA, or other identifying details.
John Doe Warrant
Sec. 6. Time of making arrest. - An arrest may be made on?
any day and at any time of the day or night.
- This is also known as citizen’s arrest. This can be executed by either law officers or private persons.
Warrantless Arrest
When making an arrest by virtue of a warrant, the officer shall ______ the person to be arrested of the cause of the arrest and 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.
inform
When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;
(INFLAGRANTE DELICTO/CAUGHT IN THE ACT)
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
HOT PURSUIT
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.
(FUGITIVE OF JUSTICE OR ESCAPEE)
When making an arrest without a warrant, the officer shal inform the person to be arrested ofhis_______________________, 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.
authority and the cause of the arrest
An officer making a lawful arrest may_____________ 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.
orally summon
Sec. 2. Arrest; how made. - An arrest is made by:
1) an actual restraint of a person to be arrested,
2) by his submission to the custody of the person making the arrest.
It shall be the duty of the officer executing the warrant to arrest the accused and_______________________ without unnecessary delay.
deliver him to the nearest police station or jail
: For crimes or offenses punishable by light penalties.
12 hours
for crimes or offenses punishable by correctional penalties.
18 hours
: For crimes or offenses punishable by afflictive or capital penalties.
36 hours
1 = 1 day - 30 days -> ARRESTO MENOR
1.LIGHT PENALTIES
