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Arrest Without A Warrant; When Lawful


Section 5.

LAWFUL WARRANTLESS ARREST:
1. When IN HIS PRESENCE, the person to be arrested has committed, is
   actually committing or is attempting to commit an offense (in
   flagrante delicto arrests).

2. When an offense has in fact been committed and he has probable
   cause to believe based on PERSONAL KNOWLEDGE of fact and
   circumstance that the person to be arrested has committed it
   (Doctrine of Hot Pursuit).

3. 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.

4. When a person who has been lawfully arrested escapes or is rescued
   (Sec. 13, Rule 113).

5. By the bondsman for the purpose of surrendering the accused
   (Sec. 23, Rule 113).

6. Where the accused attempts to leave the country without permission
   of the court (Sec. 23, Rule 114).

NOTES:

1. In a citizen’s arrest, the person may be arrested and searched of
   his body and of his personal effects or belongings, for dangerous
   weapons or anything which may be used as proof of the commission
   of an offense, without need of a search warrant.

2. Sec. 5(a) refers to arrest in flagrante delicto while Sec. 5(b)
   refers to hot pursuit.

3. Sec. 5(b) authorizes warrantless arrest “when an offense has in
   fact just been committed.” The word “just” implies immediacy in
   point of time.

4. Delivery of the detained person to the proper judicial authorities
   means the filing of the complaint or information with the municipal
   trial court or with the inquest fiscal or prosecutor who shall then
   decide either to order the release of the detained person or to
   file the corresponding information in court.

An accused who enters his plea of NOT guilty and participates in the
trial waives the illegality of the arrest. Objection to the illegality
must be raised before arraignment, other wise it is deemed waived,
as the accused had voluntarily submitted himself to the jurisdiction
of the court.



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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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