Arrest Without A Warrant; When Lawful

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.

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, otherwise, it is deemed waived, as the accused had voluntarily submitted himself to the jurisdiction of the court.