Legal Basis of ARRESTS - LECTURE

POLICE STATION 2
LEGAL BASES OF
ARRESTS
PSMS OLFICINO L PADERES JR
2022
REMINDERS
THINGS YOU NEED TO
KNOW ABOUT ARREST
LEGAL BASES OF ARREST
– 1987 CONSTITUTION
– REPUBLIC ACT OF 7438
– RULES OF CRIMINAL PROCEDURE
– JURISPRUDENCE
1987 CONSTITUTION
• MENTIONS OF ARREST IN THE CONSTITUTION
• ARTICLE III SECTION 2, BILL OF RIGHTS
• ARTICLE VI, SECTION II: LEGISLATIVE DEPARTMENT
• ARTICLE VII, SECTION 1: EXECUTIVE DEPARTMENT
ARTICLE III, SECTION 2 (BILL OF RIGHTS)
• THE RIGHT OF PEOPLE TO BE SECURE IN THEIR PERSONS, HOUSES,
PAPERS AND EFFECTS AGAINST UNREASONABLE SEARCHES AND
SEIZURES OF WHATEVER NATURE AND FOR ANY PURPOSES SHALL
BE INVIOLABLE, AND NO SEARCH WARRANT OR WARRANT OF
ARREST SHALL ISSUE EXCEPT UPON PROBABLE BY THE JUDGE
AFTER EXAMINATION UNDER OATH OR AFFIRMATION OF THE
COMPLAINANT AND THE WITNESS HE MAY PRODUCE AND
PARTICULARLY DESCRIBING THE PLACE TO BE SEARCHED AND THE
PERSONS OR THINGS TO BE SEIZED.
RA 7438:
• An act defining certain rights of the person arrested, detained or under
custodial investigation as well as the duties of the arresting, detaining
and investigating officers and providing penalties for violations thereof
• Approved on April 27, 1992
• CUSTODIAL INVESTIGATION includes the practice of issuing an

investigation to a person who is investigated in connection with an
offense he is suspected to have committed
RIGHTS OF THE PERSON (ADUci)
• Right to be all times be assisted by counsel (competent independent
and preferably his own choice)
• Right to be informed (in a language knon to and understand by him)
• Right to remain silent
• Investigation report must be read and adequately explained

• Extrajudicial confession shall be in writing and signed by
him in the presence of his counsel or in the latter's
absence, upon a valid waiver, and in the presence of any
of the parents, elder brothers and sisters, his spouse,
the municipal mayor, the municipal judge, district school
supervisor, or priest or minister of the gospel as chosen
by him (otherwise EC is inadmissible in any proceeding)
• Shall be allowed visits by or conference with any member
of his immediate family, or any medical doctor or priest or
religious minister chosen by him or by any member of his
immediate family or by his counsel, or by any national
non-governmental organization duly accredited by CHR or
by any international non-government organization duly
accredited by the office of the President
OFFENSES AND PENALTIES
– Failure to inform (right to remain silent and counsel)
– Fine: P6,000.00 or imprisonment of not less than 8 years

but not more than 10 years, or both
– NOTE: perpetual absolute disqualification if previously

convicted of similar offense
OFFENSES AND PENALTIES
• Obstructing, preventing, or prohibiting the visit and conference (private)
• Imprisonment of not less than four (4) years nor more than six (6) years,
and a fine of P4,000.00
• NOTE: immediate family includes spouse, fiance/e, parent or child,

siblings, grandparent, grandchild, uncle/aunt, nephew/niece and
guardian/ward
RULES OF COURT: RULE 113
• SECTION 1: ARREST is the taking of person into
custody in order that he may bound to answer for the
commission of an offense
• SECTION 2: ARREST is made by an actual restraint of a

person to be arrested, or by his submission to the
custody of the person making arrest
TYPES OF ARREST
• WITH WARRANT: RULE 113, SECTION 3:
• DUTY TO ARREST THE ACCUSED
• DUTY TO DELIVER THE ACCUSED TO THE NEAREST POLICE STATION

OR JAIL WITHOUT THE NECESSARY DELAY
• WARRANTLESS: RULE 113, SECTION 5 - RULE 112, SECTION 7

WARRANTLESS ARREST:
RULES 113, SECTION 5
• A: WHEN HIS PRESENCE, THE PERSON TO BE ARRESTED HAS
COMMITTED, IS ACTUALLY COMMITTING, OR IS ATTEMPTING
TO COMMIT AN OFFENSE (INFLAGRANTE DELICTO)
• B: WHEN AN OFFENSE HAS JUST BEEN COMMITTED AND HE

HAS PROBABLE CAUSE TO BELIEVE BASED ON PERSONAL
KNOWLEDGE OF FATCS OR CIRCUMSTANCES THAT THE
PERSON TO BE ARRESTED HAS COMMITTED IT (HOT PURSUIT)
WARRANTLESS ARREST:
RULE 113, SECTION 5
• A:(IN FLAGRANTE DELICTO)
• B:(HOT PURSUIT)
• C: WHEN THE PERSON TO BE ARRESTED IS A PRISONER WHO HAS

ESCAPED FROM PENAL ESTABLISHMENT OR PLACE WHERE HE IS
SERVING FINAL JUDGEMENT OR IS TEMPORARILY CONFINED WHILE HIS
CASE IS PENDING, OR HAS ESCAPED WHILE BEING TRANSFERRED FROM
ONE CONFINEMENT TO ANOTHER (ESCAPEE)
LIMITATIONS
• NO VIOLATIONS OR UNNECESARRY FORCE SHALL BE
USED IN MAKING AN ARREST
• PERSON ARRESTED SHALL NOT BE SUBJECT TO A

GREATER RESTRAINT THAT IS NECESARRY FOR HIS
DETENTION
WHEN AND HOW ARREST DONE?
• RULE 113, SECTION 6
• ANY DAY AND AT ANY TIME OF THE DAY OR NIGHT
• WITH WARRANT BY OFFICER:

• INFORM THE PERSON TO BE ARRESTED OF THE
• CAUSE OF THE ARREST
• FACT THAT A WARRANT OF ARREST HAS BEEN ISSUED
WHEN AND HOW ARREST DONE?
• BY THE PRIVATE PERSON
• INFORM THE PERSON TO BE ARRESTED OF THE

• INTENTION TO ARREST HIM
• CAUSE OF THE ARREST
RIGHTS OF THE ARRESTING OFFICER
• SUMMON ORALLY AS MANY PERSONS AS HE DEEMS NECESSARY
TO ASSIST HIM IN EFFECTING THE ARREST
• BREAK INTO ANY BUILDING OR INCLOSURE WHERE THE PERSON

TO BE ARRESTED IS OR IS REASONABLY BELIEVED TO BE
• BREAK OUT THERE FROM WHEN NECESSARY TO LIBERATE

HIMSELF
JURISPRUDENCE
• PEOPLE VS MALMSTEDT
• G.R. NO. 91107
• JUNE 19, 1991
• EN BANC
• JUSTICE PADILLA
JURISPRUDENCE
• SWEDISH NATIONAL ENTERED THE PHILLIPINES AS TOURIST AND WENT

TO SAGADA AND WAS ARRESTED IN CHECKPOINT IN TUBLAY,
MOUNTAIN PROVINCE
• CHECKPOINT AS SET UP AFTER PERSISTENT REPORTS THAT VEHICLES

FROM SAGADA WERE TRANSPORTING MARIJUANA AND OTHER
PROHIBITED DRUGS
JURISPRUDENCE
• MALMSTEDT WAS THE ONLY FOREIGHNER RIDING THE BUS

WHICH PASSED THROUGH THE CHECKPOINT
• THE OFFICER NOTICED A BULGE ON MALMSTEDT’S WAIST,

SUSPECTED TO BE A GUN, THUS, HIS PASSPORT AND OTHER
IDENTIFICATION PAPERS ERE ASKED
JURISPRUDENCE
• MALMSTEDT FAILED TO COMPLY AND THE OFFICER ASKED TO BRING
OUT WHATEVER IT WAS THAT WAS BULGING ON HIS WAIST
• THE BULGING OBJECT TURNED OUT TO BE A POUCHING BAG AND

WHEN HE OPENED IT, IT WAS NOTICE THAT THERE WERE 4
SUSPICIOUS-LOOKING OBJECTS WRAPPED IN BROWN PACKAGING
TAPE, HEN OPENED BY THE OFFICER IT TURNED OUT TO BE HASHISH A
DERIVATIVE OF MARIJUANA
JURISPRUDENCE
• WHEN ASKED TO GET OUT OF THE BUS, HE STOPPED TO GET TWO

TRAVELLING BAG FROM HIS LUGGAGE CARRIER
• WHEN OPENED BY THE OFFICERS, A TEDDY BEAR WAS FOUND IN EACH

BAG, FEELING THE TEDDY BEARS THE OFFICER NOTICED THERE WERE
BULGES WHICH DID NOT FEEL LIKE FOAM STUFFING; IT WAS ONLY THIS
TIME THAT MALMSTEDT PRESENTED HIS PASSPORT
JURISPRUDENCE
• MALMSTEDT WAS CRIMINALLY PROSECUTED FOR VIOLATION OF DDA
(RA 6425) AND PLEADED NOT GUILTY DURING HIS ARRAIGNMENT
• HIS DEFENSE WERE:
• ILLEGAL SEARCH OF HIS PERSONAL EFEECTS (WITHOUT WARRANT)
• HASHISH WAS PLANTED BY THE NARCOM OFFICERS
• TWO TRAVELING BAGS WERE NOT HIS BUT WERE ENTRUSTED TO
HIM BY AN AUSTRALIAN COUPLE
JURISPRUDENCE
• FOUND GUILTY BY RHE RTC
• SUPREME COURT:
– CONSIDERED IN FLAGRANTE DELICTO
– THERE WAS SUFFICIENT PROBABLE CAUSE THAT HE WAS COMMITTING A CRIME
JURISPRUDENCE
• WHAT IS PROBABLE CAUSE?
– FACTS AND CIRCUMSTANCES WHICH COULD LEAD A REASONABLE,

DISCREET AND PRUDENT MAN TO BELIEVE THAT AN OFFENSE HAS
BEEN COMMITTED AND THAT THE OBJECTS SOUGHT IN CONNECTION
WITH THE OFFENSE ARE IN THE PLACE SOUGHT TO BE SEARCHED
JURISPRUDENCE
• EXAMPLES OF VALID WARRANTLESS SEARCH OF THE
PERSONAL EFFECTS
• SMELL OF MARIJUANA EMANATED FROM A PLASTIC
BAG OWNED BY THE ACCUSED
• ACCUSED WAS ACTING SUSPICIOUSLY
• AN ATTEMPT OF FLEE OF THE ACCUSED
JURISPRUDENCE
• FACTS JUSTIFYING THE ARREST OF MALMSTEDT

• PERSISTENT REPORTS RECEIVED BY NARCOM
• NARCOM RECEIVED INFORMATION A FEW HOURS BEFORE THE
ARREST OF THE SAGADA TO BAGUIO CITY WAS CARRYING WITH
HIM PROHIBITED DRUGS (NO TIME TO OBTAIN A SEARCH
WARRANT)
JURISPRUDENCE
• FACTS JUSTIFYING THE ARREST OF MALMSTEDT

• IT HAPPENED DURING A ROUTINE CHECK OF THE BUS
WERE ACCUSED WAS
• FAILURE TO PRESENT IDENTIFICATION PAPERS WHEN
ORDERED
CONTACT INFORMATION
POLICE STATION 2
Official page:
https://www.facebook.com/policestation2makar
Email Address :
station_dos@yahoo.com
Hotline No. :
09097483878
#LifeisBeautiful #KaligtasanNyoSagotKo #TulongTulongTayo
THANK YOU

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POLICE STATION 2

• Approved on April 27, 1992

• CUSTODIAL INVESTIGATION includes the practice of issuing an

• Right to be informed (in a language knon to and understand by him)

• Right to remain silent

• Investigation report must be read and adequately explained

– Fine: P6,000.00 or imprisonment of not less than 8 years

– NOTE: perpetual absolute disqualification if previously

• NOTE: immediate family includes spouse, fiance/e, parent or child,

• SECTION 2: ARREST is made by an actual restraint of a

• DUTY TO ARREST THE ACCUSED

• DUTY TO DELIVER THE ACCUSED TO THE NEAREST POLICE STATION

• WARRANTLESS: RULE 113, SECTION 5 - RULE 112, SECTION 7

• B: WHEN AN OFFENSE HAS JUST BEEN COMMITTED AND HE

• C: WHEN THE PERSON TO BE ARRESTED IS A PRISONER WHO HAS

• PERSON ARRESTED SHALL NOT BE SUBJECT TO A

• WITH WARRANT BY OFFICER:

• INFORM THE PERSON TO BE ARRESTED OF THE

• BREAK INTO ANY BUILDING OR INCLOSURE WHERE THE PERSON

• BREAK OUT THERE FROM WHEN NECESSARY TO LIBERATE

• G.R. NO. 91107

• JUNE 19, 1991

• SWEDISH NATIONAL ENTERED THE PHILLIPINES AS TOURIST AND WENT

• CHECKPOINT AS SET UP AFTER PERSISTENT REPORTS THAT VEHICLES

• MALMSTEDT WAS THE ONLY FOREIGHNER RIDING THE BUS

• THE OFFICER NOTICED A BULGE ON MALMSTEDT’S WAIST,

• THE BULGING OBJECT TURNED OUT TO BE A POUCHING BAG AND

• WHEN ASKED TO GET OUT OF THE BUS, HE STOPPED TO GET TWO

• WHEN OPENED BY THE OFFICERS, A TEDDY BEAR WAS FOUND IN EACH

• FOUND GUILTY BY RHE RTC

• WHAT IS PROBABLE CAUSE?

– FACTS AND CIRCUMSTANCES WHICH COULD LEAD A REASONABLE,

• FACTS JUSTIFYING THE ARREST OF MALMSTEDT

• FACTS JUSTIFYING THE ARREST OF MALMSTEDT

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