• Arresting circumstances

    1
    Persida Acosta

    Persida Acosta

    Dear PAO,
    I just want to know if a person charged with a crime for which a warrant of arrest was issued can be arrested by a police officer without showing the warrant of arrest. Can the arrest be effected even on weekends or at night time?
    Carlitos

    Dear Carlitos,
    According to The Revised Rules of Criminal Procedure, arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense (Section 1, Rule 113, The Revised Rules of Criminal Procedure).

    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 (Section 2, Rule 113, The Revised Rules of Criminal Procedure).

    It clear therefore that the arrest of a person is made to ensure that he/she will participate in the trial of a case for the commission of an act which is punishable by imprisonment or fine or both under the law.

    A person who is the subject of a warrant of arrest may be arrested anytime. This is according to Section 6, Rule 113 of The Revised Rules of Criminal Procedure, which states that a person may be arrested on any day at any time of day or night.

    As to your question about the arrest of a person without being shown an arrest warrant by the officer effecting the arrest, the officer may do so provided that he/she shall show the arrest warrant afterwards, if the person thus arrested asks for it.  This is particularly provided by Section 7, Rule 113 of The Revised Rules of Criminal Procedure, which states:
    “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.”

    Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

    We hope that we were able to enlighten you on the matter.

    Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net

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    1 Comment

    1. Armando Villarante on

      Dear Atty,

      From the previous format, I can browse your previous Replies but here I can’t find those previous Replies. Is there other Folder I can visit to read your previous Replies?