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Section 1. Definition of Arrest

ARREST
- It is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.

The application of actual force, manual touching of the body, physical restraint, or formal declaration of arrest is not required. Arrest includes submission to the custody of the person making the arrest.

Consequences of Illegal Arrests
  1. The court does not acquire jurisdiction over the person of the accused;
  2. Law enforcers incur criminal liability for the illegal arrest.
  3. Any search incident to the arrest becomes invalid, rendering the evidence acquired as constitutionally inadmissible (Veridiano v. People, G.R. No. 200370, 07 June 2017);
  4. The documents, things, or articles seized following the arrest are inadmissible as evidence;
  5. The arresting officer may be held liable for the damages under Art. 32, NCC; and
  6. He may also be held administratively liable.


Section 2. Arrest; how made

MODES OF ARREST:
1. Arrest by virtue of a warrant
2. Arrest without a warrant under exceptional circumstances as may be provided by statute

ESSENTIAL REQUISITES OF A VALID WARRANT OF ARREST:
1. It must be issued upon probable cause, which must be determined personally by a judge after examination under oath or affirmation of the complainant and the witnesses he may produce.
2. The warrant must particularly describe the person to be seized.

A warrant of arrest has no expiry date. It remains valid until arrest is effected or the warrant is lifted.


Section 3. Duty of the arresting officer
1. Arrest the accused
2. Deliver him to the nearest police station or jail without unnecessary delay.

If you or anyone you know is being arrested, always remember that:
1. You have rights guaranteed under the Constitution.
2. You have the right to remain silent and decline to answer questions by the arresting authority.
3. You have the right to an attorney of your choice. If you can't afford one, the state will provide you with competent and independent legal counsel.
4. You have the right to call/talk to your relatives or any human rights organization to inform them of your situation.
5. The arresting authority has no right to threaten you by force, violence, or intimidate you physically, emotionally, or psychologically, subject you to torture or other inhumane treatment to extract a confession.
6. Secret detention places, holding you incommunicado, and other similar forms of detention are prohibited.
7. Write the names and rank of the arresting officers.
8. Do not sign any document without the presence of legal counsel.
9. Arresting officers have the duty to turn over suspects to the nearest police station. Torture, intimidation, or being held incommunicado are prohibited.
10. It is permissible to accompany the arrested individual/s to the police station.
11. Record and document the arrest procedures to serve as evidence for future legal actions.
12. Ask for a copy of the Arrest Warrant or at least take a photo of the document.
13. Check if the Arrest Warrant is duly signed by a judge and if the name contained in the warrant is correct. Prove your identity by showing your ID in case of mistaken identity.
14. The arresting authorities should inform the arrested individual of his/her Miranda Rights in their entirety and in a language familiar to him/her.