CHAPTER II Arrest and Search
A R R E S T ( R U L E 11 3 , S E C T I O N 1 )
Arrest is the taking of a person into custody in order that he or she may be bound to
answer for the commission of an offense.
MODES OF ARREST
1. Arrest with a warrant: Issued by a judge upon probable cause, personally determined
after examination of the complainant and the witnesses.
2. Arrest without a warrant: Allowed only in specific circumstances under Section 5 of
Rule 113 (i.e., in flagrante delicto, hot pursuit, and escapee exceptions).
ESSENTIAL REQUISITES OF A VALID WARRANT OF ARREST
1) It must be issued upon“probable cause”. (probable cause simply means sufficient ground to
engender a well-founded belief that a crime has been committed and the person to be charged is
probably guilty and should be held for trial.
2) Probable cause must be determined personally by the judge.
3) Such judge must examine under oath or affirmation the complainant and the witnesses he may
produce.
4) The warrant must particularly describe the place to be searched and the persons or things to be
seized.
WARRANTLESS ARREST
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
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.
A. METHOD OF ARREST BY AN OFFICER BY V I RT U E OF A
WA R R A N T ( R U L E 11 3 , S E C T I O N 7 )
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
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)
B. METHOD OF ARREST BY AN OFFICER WITHOUT A
WA R R A N T ( R U L E 11 3 , S E C T I O N 8 )
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.
SEARCH
- A search involves law enforcement officers going through part or all of individual's property,
and looking for specific items that are related to a crime that they have reason to believe has been
committed.
SEIZURE
- It is the forcible taking of property by a government law enforcement official from a person
who is suspected of violating, or is known to have violated, by the law.
RULE 126 Search and Seizure
Section 1. Search warrant defined. — A search warrant is an order in writing issued in the name
of the People of the Philippines, signed by a judge and directed to a peace officer, commanding
him to search for personal property described therein and bring it before the court.
Section 5. Examination of complainant; record. — The judge must, before issuing the warrant,
personally examine in the form of searching questions and answers, in writing and under oath,
the complainant and the witnesses he may produce on facts personally known to them and attach
to the record their sworn statements, together with the affidavits submitted.
Section 4. Requisites for issuing search warrant. — A search warrant shall not issue except upon
probable cause in connection with one specific offense to be determined personally by the judge
after examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the things to be seized which
may be anywhere in the Philippines.
Section 9. Time of making search. — The warrant must direct that it be served in the day time,
unless the affidavit asserts that the property is on the person or in the place ordered to be
searched, in which case a direction may be inserted that it be served at any time of the day or
night. (8)
Section 10. Validity of search warrant. — A search warrant shall be valid for ten (10) days from
its date. Thereafter it shall be void.
Raid
It is an unexpected visit by police or other law-enforcement officers with the aim of using the
element of surprise in order to seize evidence or arrest suspects believed to be likely to hide
evidence, resist arrest, be politically sensitive, or simply be elsewhere during the day.
A raid must be legal having its basis in lawful process and conducted in a legal manner through
search warrant or warrant of arrest.
Raid Operation
The raiding party should act as a team.
The members of the teams must thoroughly understand the objectives, the plans, and the orders.
The leader must conduct a final briefing of personnel.
They must not show the appearance if a formal gathering
Qualification of Raid Operation
Has leadership ability
Good judgment
Tactfulness
Coolness and stability
Experience
Discipline
Steady nerves and mental stability
Composition of a Raid Team
Raid Commander
Assistant Raid Commander
Covering or Surrounding party
Going-in detail or entering vehicle
In charge of rendering inoperative to the subject's vehicle if any
Recorder who should keep log of the raid, gather evidence, make inventories, and satisfy in
court.
Photographer
Planning the Raid
Four Aspects of Plan Formulation
1.Timing
2.Personnel Deployment
3.Police Tactics
4.Equipment Needs
Don't s in Raid
do not wear a nonstandard dress uniform when executing warrants.
avoid forcible entry of the incorrect residence or harm to uninvolved individuals.
do not forget to record the condition of the premise prior to and after the search.
without search warrant
without the court order and/or authorization of the judge
expected visit or search
